[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Proposed Rules]
[Pages 37374-37388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17718]



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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 50, and 51

RIN 3150-AE96


Decommissioning of Nuclear Power Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission is proposing to amend its 
regulations on the decommissioning procedures that lead to the 
termination of an operating license for nuclear power reactors and 
release of the property. The proposed amendments would clarify 
ambiguities in the current rule and codify practices which have been 
used for other licensees on a case-by-case basis. Some proposed 
amendments have also been made for purposes of clarification and 
procedural simplification for non-power reactors.

DATES: The comment period expires October 18, 1995. Comments received 
after this date will be considered if it is practical to do so, but the 
Commission is able to assure consideration only for comments received 
on or before this date.

ADDRESSES: Submit comments to: The Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, Attention: 
Docketing and Service Branch. Copies of comments received may be 
examined at the NRC Public Document Room, 2120 L Street NW. (Lower 
Level), Washington, DC.
    For information on submitting comments electronically, see 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Dr. Carl Feldman, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301)-415-6194, Anthony W. Markley, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301)-415-1169, or Bradley W. Jones, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301) 415-1628.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Comments may be submitted electronically, in either ASCII text or 
Word Perfect format (version 5.1 or later), by calling the NRC 
Electronic Bulletin Board on FedWorld. The bulletin board may be 
accessed using a personal computer, a modem, and one of the commonly 
available communication software packages, or directly via Internet. 
Background documents on the rulemaking are also available for 
downloading and viewing on the bulletin board.
    If using a personal computer and modem, the NRC subsystem on 
FedWorld can be accessed directly by dialing the toll free number: 1-
800-303-9672. Communication software parameters should be set as 
follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Use ANSI or VT-100 terminal emulation. The NRC rulemaking subsystems 
can then be accessed by selecting the ``Rules Menu'' option from the 
``NRC Main Menu.'' For further information about options available for 
NRC at FedWorld, consult the ``Help/Information Center'' from the ``NRC 
Main Menu.'' Users will find the ``FedWorld Online User's Guides'' 
particularly helpful. Many NRC subsystems and databases also have a 
``Help/Information Center'' option that is tailored to the particular 
subsystem.
    The NRC subsystem on FedWorld can also be accessed by a direct dial 
phone number for the main FedWorld BBS: 703-321-3339; Telnet via 
Internet: fedworld.gov (192.239.92.3); File Transfer Protocol (FTP) via 
Internet: ftp.fedworld.gov (192.239.92.205); and World Wide Web using 
the ``Home Page'': www.fedworld.gov (this is the Uniform Resource 
Locator (URL)).
    If using a method other than the NRC's toll free number to contact 
FedWorld, then the NRC subsystem will be accessed from the main 
FedWorld menu by selecting ``F--Regulatory, Government Administration 
and State Systems'' or by entering the command ``/go nrc'' at a 
FedWorld command line. At the next menu select ``A--Regulatory 
Information Mall,'' and then select ``A--U.S. Nuclear Regulatory 
Commission'' at the next menu. If you access NRC from FedWorld's 
``Regulatory, Government Administration'' menu, then you may return to 
FedWorld by selecting the ``Return to FedWorld'' option from the ``NRC 
Main Menu.'' However, if you access NRC at FedWorld by using NRC's 
toll-free number, then you will have full access to all NRC systems, 
but you will not have access to the main FedWorld system. For more 
information on NRC bulletin boards call Mr. Arthur Davis, Systems 
Integration and Development Branch, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-5780; e-mail 
AXD[email protected].

I. Background.
II. Existing Regulatory Framework and Need for the Amendments.
III. Clarification of the Applicability of 10 CFR Part 50 to 
Permanently Shutdown Nuclear Power Plants.
IV. Criminal Penalties Provisions.
I. Background

    When the decommissioning regulations were published and adopted on 
June 27, 1988 (53 FR 24018), it was assumed that the majority of 
nuclear power reactor licensees would decommission at the end of the 
operating license. Since that time a number of licensees have shut down 
prematurely without previously having submitted a decommissioning plan. 
In addition, these licensees have requested exemptions from certain 
operating requirements because, without fuel present in the reactor, 
they are no longer needed. Each of these cases has been handled 
individually without clearly defined generic requirements. 

[[Page 37375]]

    The Commission is proposing to amend the decommissioning 
regulations in 10 CFR Parts 2, 50, and 51 to clarify ambiguities in the 
current regulations and to codify procedures and terminology that have 
been used in a number of specific cases. The Commission believes that 
the proposed amendments would enhance efficiency and uniformity in the 
decommissioning process for nuclear power reactors. The proposed 
amendments would allow for greater public participation in the 
decommissioning process and furnish the licensed community and the 
public a better understanding of the process as the operating personnel 
at a nuclear power reactor facility undergo the transition from an 
operating organization to a decommissioning organization. This 
rulemaking would address the process which begins with a licensee's 
decision to permanently cease operations at the facility and concludes 
with the Commission's approval of license termination. These rule 
revisions would reduce regulatory burden while providing greater 
flexibility for implementing decommissioning activities. This would 
result in resource savings through a more efficient and uniform 
regulatory process.
    The conceptual approach the Commission has chosen divides power 
reactor decommissioning activities into phases I, II, and III. Phase I 
commences with the effective date of permanent cessation of operations 
and deals with those licensee activities that the licensee undertakes 
before placing the power reactor in a storage mode. Phase II deals with 
licensee activities during the storage period, and Phase III deals with 
the activities the licensee undertakes to terminate the license. The 
implementation of this approach comprises the following aspects. During 
Phase I, certifications would be provided to the NRC that the licensee 
has permanently ceased operations and permanently removed all fuel from 
the reactor vessel. At this time, the licensee would be prohibited by 
regulation from operating the reactor. The proposed rule would also 
make changes to Part 50 requirements to reflect the non-operating 
status of the facility during the decommissioning process. The 
licensing fee would also be substantially reduced because the license 
would not meet the definition of an ``operating license'' as defined in 
10 CFR 171.5. Based on these proposed regulatory changes a power 
reactor licensee would no longer need to obtain a possession only 
license amendment (POLA) to obtain regulatory relief when permanently 
shut down, as currently must be done. However, for non-power reactor 
licensees, a POLA would still be issued.
    Although no major decommissioning activities, as defined in 10 CFR 
50.2, would be allowed initially, limited licensee decommissioning 
trust funds would be made available for planning purposes and early 
activities. The remaining decommissioning funds would be made available 
after submittal to the NRC of the licensee's detailed decommissioning 
cost estimate. Before undertaking major decommissioning activities, the 
licensee would be required to provide the NRC with a post-shutdown 
decommissioning activities report (PSDAR) that provides a schedule of 
planned decommissioning activities, an estimate of the decommissioning 
costs expected to be incurred, and a discussion of environmental 
impacts of decommissioning. The NRC, within a 90 day period, would 
inform the public of the licensee's intent to decommission, make the 
PSDAR available for public comment, and hold a public meeting in the 
vicinity of the site to describe the planned activities and hear 
additional public comments. The public meeting will normally be held at 
least 30 days before the 90 day period of time ends. This process will 
allow closer NRC oversight and better public knowledge of these 
activities.
    After this 90 day period of time, the licensee could begin major 
decommissioning (i.e., dismantlement) activities as allowed under the 
current 10 CFR 50.59, unless the NRC interposes an objection. 
Additional criteria would be added to Sec. 50.59 specifically pertinent 
to decommissioning activities. Further, should the licensee make any 
significant changes to the PSDAR activities and schedules, which NRC 
anticipates may occur as a result of such factors as utilization of new 
decommissioning technology or access to low-level waste facilities, the 
licensee would be required to give NRC prior notice before implementing 
those changes.
    After an optional period of storage (Phase II), Phase III would be 
initiated when the licensee's application to terminate the license and 
license termination plan were received by the NRC. At this time, a 
supplemental environmental report would also be required if there were 
the possibility of significant environmental impacts not previously 
covered in other environmental impact statements. The Commission would 
notice receipt of this information and provide opportunity for a 
hearing, under Subpart L of 10 CFR 2.1201, on the license termination 
plan.1 The Commission would also hold a public meeting in the 
vicinity of the site, in a similar manner to the one held for the 
PSDAR. Once the licensee had completed implementation of the 
termination plan and the Commission had verified that the licensee had 
satisfactorily implemented the termination plan then, as in the 
existing rule, the Commission would terminate the license. Any Subpart 
L hearing for the license termination plan amendment must be completed 
prior to license termination.

    \1\ The Subpart L process will be used and the 10 CFR 50 license 
will be terminated only if spent fuel has been removed from the 10 
CFR Part 50 licensed site to another authorized facility. If spent 
fuel remains on the Part 50 site at the time of license termination 
plan submittal, the Subpart G process will be used.
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    Three aspects of these proposed regulatory changes that can affect 
both power and non-power reactor facilities are addressed in the 
proposed rule for purposes of clarification. The first provides that 
environmental requirements for conditional release situations be 
explicitly considered (10 CFR 51), based on the proposed 
decommissioning residual radioactivity criteria rule (59 FR 43200 
August 22, 1994). The second clarifies that a license that has expired 
is not terminated until the Commission terminates it and further 
clarifies what conditions prevail under such circumstances. The third 
clarifies that existing technical specifications for reactors that are 
not authorized to operate will remain effective until removed or 
modified by license amendment.
    Additionally, an aspect of these proposed regulatory changes that 
affects non-power reactor facilities is addressed in the proposed rule 
for purposes of procedural simplification. The requirement in the 
current rule that preliminary decommissioning plans be submitted five 
years prior to permanent shutdown or license expiration has been 
changed to 2 years to take more realistic account of the planning time 
periods necessary for non-power reactor facilities.
    Finally, also for purposes of procedural simplification, an aspect 
of these proposed regulatory changes that affects both power and non-
power reactor facilities is that the approved decommissioning plan for 
the non-power reactor facilities or the approved license termination 
plan for the power reactor facilities be made part of the FSAR. This 
affords the licensee flexibility in making certain changes to these 
plans without a formalized 

[[Page 37376]]
amendment process which would otherwise be necessary.
    On August 22, 1994 (59 FR 43200), the NRC published a proposed rule 
on radiological criteria for decommissioning for comment. Section 
20.1406(b) of the proposed rule would require that a Site Specific 
Advisory Board (SSAB) be convened in cases where a licensee proposes to 
request restricted release of the site. On December 6-8, 1994, a 
workshop on this issue was held in Washington, DC. The objective of the 
workshop was to conduct a discussion among affected interests on the 
implementation of the SSAB requirement. The current rule is not 
primarily intended to address the comments on the radiological criteria 
rule for decommissioning. However, the staff was cognizant of the 
comments made in that workshop and the language contained in this 
proposed rule does address the concern for early public information and 
participation raised in that forum. The staff will more directly 
address the workshop comments in the development of the final rule on 
the radiological criteria for decommissioning. If finalization of the 
radiological criteria rule requires any modifications to the current 
proposed rule, those modifications will be made as part of the 
radiological criteria rule development process.

II. Existing Regulatory Framework and Need for the Amendments

    The Commission has examined the present regulatory framework for 
decommissioning, largely contained within 10 CFR 50.82, with additional 
requirements in 10 CFR 50.75, 51.53, and 51.95, as well as the 10 CFR 
50 technical requirements, to ascertain the appropriate regulatory path 
to take that would ameliorate current licensing concerns without 
compromising health and safety.
    The current rule requires a licensee to submit a preliminary 
decommissioning plan 5 years before permanent cessation of operations, 
with a site-specific cost estimate, and an adjustment of financial 
assurance funds. A detailed decommissioning plan must be submitted to 
the NRC within 2 years after permanent cessation of operations. At that 
time, a supplemental environmental report must also be submitted to the 
NRC describing any substantive environmental impacts that are 
anticipated but not already covered in other environmental impacts 
documents. The detailed decommissioning plan contains an updated site-
specific cost estimate with decommissioning funds adjusted in an 
external trust to make up for any shortfall. Currently, prior to 
approval of the decommissioning plan by the Commission, no 
decommissioning trust funds can be used (although case-specific 
exceptions have been made). Finally, aside from the licensee 
voluntarily informing the public about decommissioning activities, very 
limited public input or participation is formally required in the 
current rules. However, public meetings and informal hearings have been 
held for plants undergoing decommissioning for case-specific 
situations.
    The proposed rule would preserve the substantive elements of the 
current regulations, provide for greater public participation in the 
decommissioning process, and allow the licensee to perform 
decommissioning activities provided certain constraints are met. The 
proposed rule would make the decommissioning process more responsive to 
current licensing needs and improve the process in the areas of 
understandability, efficiency, and uniformity.
    During the Phase I process, proposed Sec. 50.82(a) provides that, 
within 2 years of permanently ceasing operations, a post-shutdown 
decommissioning activities report (PSDAR) must be submitted to the NRC. 
The PSDAR would include a description of the licensee's planned 
decommissioning activities and a schedule for their accomplishment, an 
estimate of expected costs, and a discussion addressing whether or not 
the environmental impacts associated with site-specific decommissioning 
activities will be bounded by existing environmental impact statements. 
Upon receipt of the PSDAR, the NRC will announce in the Federal 
Register receipt of the report, make the PSDAR available for public 
comment, and announce the location and time of a public meeting to be 
held in the vicinity of the reactor facility site to discuss the 
licensee's plans.2 Section 50.82(a) further states that after the 
NRC receives certification of permanent removal of the fuel from the 
reactor vessel and 90 days after the NRC receives the PSDAR, the 
licensee may begin to perform major decommissioning activities if the 
activities meet the requirements in Sec. 50.59. This would generally 
occur 30 days after the public meeting.

    \2\ There is nothing that prevents a licensee from developing 
and submitting the PSDAR and the NRC from holding the public meeting 
prior to the permanent cessation of operations.
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    The provisions of Sec. 50.59 presently allow the licensee to make 
changes to the facility during operation without express NRC approval 
if these changes meet the conditions listed in Sec. 50.59, and the 
licensee prepares and maintains a written safety evaluation that 
provides the basis for their determination that the planned changes 
meet the criteria specified in the regulation. The NRC inspects these 
evaluations periodically to ensure that the licensee is complying with 
the regulation. To ensure that licensees adequately address the unique 
circumstances associated with decommissioning activities, the 
Commission is proposing to include additional criteria for the use of 
Sec. 50.59 during decommissioning. The criteria would apply to both 
power and non-power reactors, although non-power reactor licensees 
could not perform major decommissioning activities until they had an 
approved decommissioning plan--as in the current rule. The Commission 
proposes that in using the Sec. 50.59 process for post-shutdown 
activities the licensee must meet the following criteria which provide 
that the proposed activities must not: (1) Foreclose release of the 
site for possible unrestricted use, (2) significantly increase 
decommissioning costs, (3) cause any significant environmental impact 
not previously reviewed, or (4) violate the terms of the licensee's 
existing license. To undertake any activity that would not meet these 
criteria, the licensee must submit a license amendment request, as is 
currently the requirement under Sec. 50.59(c).
    The Commission proposes to codify the position embodied in the 
draft policy statement ``Use of Decommissioning Trust Funds Before 
Decommissioning Plan Approval'' (59 FR 5216; February 3, 1994) that the 
licensee should be allowed to use decommissioning trust funds subject 
to certain criteria. The criteria presented in the draft policy 
statement have been modified in the proposed rule in response to public 
comments. The Commission recognizes the need for the licensee to 
provide adequate financial assurance to complete decommissioning at any 
time during operation, up to and including the termination of license, 
and is proposing criteria, along with criteria that specify when and 
how much of these trust funds can be used, to ensure that licensees 
maintain adequate funds to complete decommissioning. In accordance with 
the current rule, the Commission proposes to retain, under 
Sec. 50.75(f), the requirement for site-specific cost estimates 5 years 
before and within 2 years after the licensee's declaration of permanent 
cessation of operations. (For non-power reactors, the Commission 

[[Page 37377]]
proposes to require, under Sec. 50.75(f), that a preliminary 
decommissioning plan be submitted 2 years rather than the current 5 
years before permanent cessation of operations because this is a more 
realistic timing requirement for non-power reactors.) Once the NRC has 
received the licensee's certification of permanent cessation of 
operations, decommissioning trust funds could be used by the licensee. 
However, the withdrawal of funds would be subject to the following 
criteria: (1) The withdrawals are for expenses for legitimate 
decommissioning activities consistent with the definition of 
decommissioning in Sec. 50.2; (2) The expenditure would not reduce the 
value of the decommissioning trust below an amount necessary to place 
and maintain the licensee's reactor in a safe storage condition if 
unforeseen conditions or expenses arise and; (3) The withdrawals would 
not inhibit the ability of the licensee to complete funding of any 
shortfalls in the decommissioning trust needed to ensure the 
availability of funds to ultimately release the site and terminate the 
license.
    The proposed rule would permit, under Sec. 50.82(a)(7), that 3 
percent of the generic decommissioning cost amount, specified in 
Sec. 50.75, could be used by the licensee initially for decommissioning 
planning. Following the 90-day waiting period after the NRC has 
received the licensee's PSDAR and upon certification of permanent 
removal of fuel from the reactor vessel, an additional 20 percent could 
be used to commence major decommissioning activities. Finally, the 
proposed rule would require a site-specific cost analysis to be 
submitted to the NRC prior to the licensee being permitted to use any 
funding in excess of 23 percent of the generic cost estimate, and, in 
any case, within 2 years of permanent cessation of operations.
    After an optional period of storage (Phase II of the 
decommissioning process), Sec. 50.82(a)(8) of the proposed rule would 
require the licensee to complete decommissioning by submitting an 
application to terminate the license along with a license termination 
plan. This would initiate Phase III of the decommissioning process. 
This process is similar to the requirements in the current rule for a 
power reactor licensee that has permanently ceased operations and 
decides to go into a storage mode. The current rule allows a less 
detailed decommissioning plan initially, with the more detailed plan 
nearer to the completion of decommissioning because more accurate 
planning can be accomplished. The termination plan would contain 
similar elements for consideration as the current rule requires. In 
particular, the proposed rule would require that the termination plan 
contain a site characterization, a description of remaining 
dismantlement activities (if any), plans for site remediation, detailed 
plans for the final radiation survey, a description of the end use of 
the site (if restricted), an updated site-specific analysis of 
remaining decommissioning costs, and a supplement to the environmental 
report, as required by Sec. 51.53, that describes any new information 
or significant environmental change associated with the licensee's 
proposed decommissioning activities.
    The NRC would notice receipt of the license termination plan as a 
license amendment, conduct a public meeting in the vicinity of the 
site, and provide opportunity for a 10 CFR part 2, subpart L, hearing, 
as specified in Sec. 2.1201(a)(3), if the spent fuel had been removed 
from the 10 CFR part 50 licensed site and transferred to an authorized 
facility. Otherwise, there would be opportunity for a 10 CFR part 2, 
subpart G, hearing, as provided for in the current rules. The license 
could not be terminated if fuel were located on the site covered by the 
10 CFR part 50 license. The Subpart L hearing is appropriate for the 
nature of a permanently shutdown facility where the spent fuel has been 
removed from the 10 CFR part 50 site and transferred to an authorized 
facility, since the defueled site is analogous to materials licensees 
that typically use Subpart L hearings for license amendments. 
Appropriate conforming amendments have been proposed for 10 CFR 2.1205 
and 50.91 to reflect the application of subpart L hearings to 10 CFR 
part 50 license amendments following removal of the fuel from the 10 
CFR part 50 licensed site and transfer to an authorized facility. 
Section 50.82(a)(9) would specify that the Commission would approve the 
termination plan and the plan would become part of the FSAR. 
(Similarly, for non-power reactors, the decommissioning plan would 
become part of the FSAR or equivalent.) As in the current rule, the 
licensee would then execute the plan and, after this was accomplished 
and verified by the NRC, the Commission would terminate the license.
    In order to clear up various ambiguities in the current rule 
regarding power reactors, definitions of permanent cessation of 
operations, permanent removal of fuel from the reactor vessel, major 
decommissioning activity, major radioactive components and certified 
fuel handler, would be codified in Sec. 50.2. Because a licensee could 
choose to undertake major decommissioning activities at the reactor 
facility 90-days after the NRC receives the PSDAR, it is important to 
define what ``major decommissioning activity'' means. The definition 
chosen is, for a nuclear power reactor, any activity that results in 
permanent removal of major radioactive components, permanently modifies 
the structure of the containment, or results in dismantling components 
for shipment containing greater than class C waste. Accordingly, 
``major radioactive components'' would be defined for a nuclear power 
reactor to comprise the reactor vessel and internals, steam generators, 
pressurizers, large bore reactor coolant system piping, and other large 
components that are radioactive.
    Written communication requirements for licensee permanent cessation 
of operations and permanent removal of fuel from the reactor vessel 
would be specified in Secs. 50.4(b) (8) and (9). The licensee would be 
required to state the date on which operations will cease, or have 
ceased, in its certification of permanent cessation of operations. The 
licensee, in its certification regarding permanent removal of fuel from 
the reactor vessel, would state the date on which the fuel assemblies 
were removed and their disposition.
    Because of previous case-specific requests the NRC has received 
from licenses for exemptions from operating requirements in recognition 
of the permanent shutdown of the facility and permanent removal of fuel 
from the reactor vessel, the Commission has undertaken an analysis to 
determine the appropriateness of applying certain 10 CFR part 50 
requirements during the post-shutdown period of the facility. The 
results of a portion of that study are presented in Section III of this 
rule.
    This proposed rulemaking primarily addresses power reactor 
facilities because, unlike non-power reactor facilities, a delay of up 
to 60 years between the time of permanent cessation of operations and 
license termination can occur. Such a situation, especially under 
circumstances of premature closure, requires special regulatory 
consideration to deal with licensee decommissioning activities in a 
timely, efficient, and uniform manner. However, there are three aspects 
of these proposed regulatory changes that can affect both power and 
non-power reactor facilities. These aspects are addressed in the 
proposed rule for purposes of clarification. The proposed rule includes 
requirements for conditional release situations, as discussed in the 
proposed decommissioning residual radioactivity 

[[Page 37378]]
criteria rule (59 FR 43200; August, 22, 1994). Proposed Sec. 51.53(b) 
(and correspondingly, under proposed Sec. 51.95 for NRC staff 
requirements) states that environmental considerations of the 
decommissioning activities must be explicitly considered during the 
licensee's request for decommissioning plan or license termination plan 
approval. Proposed Sec. 50.51(b) states that a license that has expired 
is not terminated until the Commission notifies the licensee in writing 
that the license is terminated. The proposed requirement further states 
that during any period of continued effectiveness beyond the licensee's 
stated expiration date, the licensee: (1) Is prohibited from operating 
the production or utilization facility; (2) Must limit activities to 
actions necessary to decommission and decontaminate the facility, or 
actions necessary to maintain the facility, including the storage, 
control and maintenance of the spent fuel in a safe condition and; (3) 
Must conduct activities in accordance with all other restrictions 
applicable to the facility in NRC regulations and provisions of the 
specific part 50 license for the facility. This provision is consistent 
with NRC requirements for other licensees and avoids any gaps in the 
licensing of regulated facilities. This same rationale applies to both 
power and non-power reactors. Accordingly, this clarification would 
also pertain to non-power reactors. Finally, proposed Sec. 50.36(c)(6) 
and (e) clarify that for reactors that are not authorized to operate, 
existing technical specifications will remain effective until removed 
or modified by license amendment.

III. Clarification of Applicability of 10 CFR Part 50 to Permanently 
Shutdown Nuclear Power Plants

    Once a decision has been made to permanently cease operations of a 
nuclear power reactor, the proposed rule would require that the 
licensee must notify the NRC, by certification, that the nuclear power 
reactor has ceased operations and that fuel has been permanently 
removed from the reactor vessel. Then, by NRC regulation, the 
licensee's authority to operate the reactor or to maintain or place 
fuel in the reactor would be removed, as specified in proposed 
Sec. 50.82(a). This non-operating status would provide a basis to 
remove regulatory requirements that are no longer necessary to protect 
the public health and safety.
    Licensees have historically pursued relief from these requirements 
by means of obtaining license amendments and exemptions. This process 
has placed significant resource burdens on both licensees and the 
Commission. After a nuclear power reactor is permanently shutdown and 
awaiting or undergoing decommissioning, certain regulations, which are 
based on power operation, are no longer necessary. Other regulations 
may have limited applicability but require modification to 
appropriately address the concerns associated with the permanently shut 
down condition. The Commission proposes to amend a number of the 
regulations contained in 10 CFR part 50 to clarify their applicability 
to permanently shutdown nuclear power reactors.
    The following paragraphs discuss technical requirements that have 
been determined to have limited or no applicability and require 
clarification or modification of their applicability to permanently 
shutdown nuclear power reactors. Once the technical review is 
completed, future rulemaking may be forthcoming to address the 
applicability of additional technical requirements to non-operating 
reactors.

A. Technical Specifications

    The requirements for technical specifications are found in 10 CFR 
50.36. The applicability of 10 CFR 50.36 to the operational phase of a 
nuclear reactor is clearly understood. However, the existing regulation 
has caused uncertainty as to its applicability to the permanently 
shutdown and decommissioning phase of a nuclear power reactor. The 
Commission is proposing to amend 10 CFR 50.36 to clearly indicate that 
the controls, limits, and requirements established by the technical 
specifications are a continuing part of the license in the permanently 
shutdown and decommissioning phase of a nuclear reactor. The Commission 
recognizes that technical specifications pertinent to the operational 
phase will need to be revised and amended to reflect plant conditions 
and safety concerns associated with permanent cessation of operations 
and permanent removal of the fuel from the reactor vessel. Existing 
technical specifications will remain effective until removed or 
modified by license amendment.

B. Technical Specifications for Effluents

    Effluent technical specifications are found in 10 CFR 50.36a and 
Appendix I. The applicability of 10 CFR 50.36a and Appendix I to the 
operational phase of a nuclear power plant is clearly understood. 
However, the existing regulation has caused uncertainty as to its 
applicability to the permanently shutdown and decommissioning phase of 
a nuclear power plant. The Commission is proposing to amend 10 CFR 
50.36a and Appendix I to clearly indicate that the controls, limits, 
and requirements for controlling radiological effluents are also 
required during the permanently shut down and decommissioning phase of 
a nuclear power plant.

C. Environmental Conditions

    Requirements associated with environmental conditions are found in 
10 CFR 50.36b. The applicability of 10 CFR 50.36b to the operational 
phase of a nuclear power plant is clearly understood. However, the 
existing regulation has caused uncertainty as to its applicability to 
the permanently shutdown and decommissioning phase of a nuclear power 
plant. The Commission is proposing to amend 10 CFR 50.36b to clearly 
indicate that conditions to protect the environment remain a part of 
the license and are required during the permanently shutdown and 
decommissioning phase of a nuclear power plant.

D. Combustible Gas Control

    The combustible gas control requirements are found in 10 CFR 50.44. 
These requirements were instituted to improve hydrogen management in 
light water reactor (LWR) facilities and to provide specific design and 
other requirements to mitigate the consequences of accidents resulting 
in a degraded core. The requirements focus on the capability for 
measuring hydrogen concentration, ensuring a mixed atmosphere, and 
controlling combustible gas mixtures following a loss of coolant 
accident (LOCA). The concern for hydrogen generation during a LOCA does 
not exist with the permanently shutdown power reactor. A nuclear power 
plant that has permanently ceased operations and permanently removed 
all of its fuel outside of primary containment no longer presents 
challenges to the reactor pressure vessel and primary containment from 
accident-generated combustible gases, and such concerns are no longer 
an issue. Therefore, the Commission is proposing to amend the 
requirements in 10 CFR 50.44 to indicate its nonapplicability to this 
situation.

E. Emergency Core Cooling Systems (ECCS) Acceptance Criteria

    The acceptance criteria for ECCS for LWRs are found in 10 CFR 50.46 
and in Appendix K. These regulations require that the ECCS be designed 
to provide for long term cooling by limiting post LOCA peak cladding 
temperature, clad oxidation, and hydrogen generation to specified 
values. Without fuel in the vessel, ECCS systems are not required 

[[Page 37379]]
because a design basis LOCA could not occur. Therefore, the Commission 
is proposing to amend 10 CFR 50.46 and Appendix K to indicate their 
nonapplicability to a nuclear power reactor facility that has 
permanently ceased operations and has permanently removed fuel from the 
reactor vessel.

F. Fire Protection

    Section 50.48 does not address fire protection for power reactor 
facilities that have permanently ceased operations and permanently 
removed fuel from the reactor vessel. However, the facility still 
remains radioactively contaminated and may (and most likely will) 
maintain fuel at the facility. Section 50.48(f) has been added to the 
proposed amendments to require licensees that have permanently ceased 
operations to maintain a fire protection program. The proposed rule 
permits the licensee to make changes to the fire protection program 
without NRC approval if these changes do not reduce the effectiveness 
of fire protection for facilities, systems and equipment which could 
result in a radiological hazard, taking into account the 
decommissioning plant conditions and activities.

G. Environmental Qualification

    The regulations for equipment qualification (EQ) are found in 10 
CFR 50.49. The regulations cover that portion of equipment important to 
safety commonly referred to as ``safety related.'' Safety related 
structures, systems, and components (SSCs) are those that are relied 
upon to remain functional during and following design basis events to 
ensure: (1) The integrity of the reactor coolant pressure boundary, (2) 
the capability to shut down the reactor and maintain it in a safe 
condition, and (3) the capability to prevent or mitigate the 
consequences of accidents that could result in potential offsite 
exposures comparable to the guidelines of 10 CFR Part 100. Design basis 
events are defined as conditions of normal operation of the reactor, 
including anticipated operational occurrences, design basis accidents, 
external events, and natural phenomena, for which the plant must be 
designed to ensure the functions (1) through (3).
    The EQ rule is clearly limited to electrical equipment that must 
function during design basis events. In response to comments on the 
final rule, (48 FR 2729, January 21, 1983), the Commission noted that 
the EQ rule does not cover the electric equipment located in a mild 
environment. With permanent cessation of operations and permanent 
removal of fuel from the reactor vessel, the harsh environment 
associated with LOCA accidents can no longer occur. Therefore, the 
Commission is proposing to amend 10 CFR 50.49 to indicate its 
nonapplicability to a nuclear power reactor facility licensed under 
these conditions.
H. Containment Leakage Testing

    In 10 CFR 50.54, paragraph (o) requires that primary containments 
for water cooled reactors be subject to the requirements of 10 CFR Part 
50, Appendix J. This appendix requires periodic testing to verify the 
leak-tight integrity of the primary containment and those systems and 
components that penetrate the containment. The primary containment of 
an operating reactor is one of several fission product barriers 
designed to protect the public health and safety in the event of a 
design basis accident such as a LOCA. Once a nuclear power reactor 
permanently ceases operations, the fuel is removed from the reactor 
vessel and placed in the spent fuel pool or an independent spent fuel 
storage installation (ISFSI). After the fuel has been removed from the 
reactor vessel, a LOCA can no longer occur. Therefore, leakage testing 
of the containment is no longer necessary. As a result, the Commission 
is proposing to amend 10 CFR 50.54(o) to indicate its nonapplicability 
to a nuclear power reactor facility that has permanently ceased 
operations and has permanently removed fuel from the reactor vessel.

I. Emergency Actions

    In 10 CFR 50.54(x) a licensee is allowed to take reasonable actions 
that may depart from a license condition or technical specification in 
an emergency. This is permitted when action is immediately needed to 
protect the public health and safety and no actions consistent with 
license conditions and technical specifications that can provide 
adequate or equivalent protection are immediately apparent.
    These regulations serve to ensure that emergency action decisions 
necessary to protect the public health and safety are made by an 
individual who has both the requisite knowledge and plant experience. 
The licensed senior operator at an operating nuclear power reactor has 
the requisite knowledge and experience to evaluate plant conditions and 
make these judgments.
    The Commission is proposing to amend 10 CFR 50.54(y) to permit a 
certified fuel handler at nuclear power reactors that have permanently 
ceased operations and permanently removed fuel from the reactor vessel, 
subject to the requirements of Sec. 50.82(a) and consistent with the 
proposed definition of ``Certified Fuel Handler'' specified in 
Sec. 50.2, to make these evaluations and judgments. A nuclear power 
reactor that has permanently ceased operations and no longer has fuel 
in the reactor vessel does not require a licensed individual to monitor 
core conditions. A certified fuel handler at a permanently shutdown and 
defueled nuclear power reactor undergoing decommissioning is an 
individual who has the requisite knowledge and experience to evaluate 
plant conditions and make these judgements.

J. Fracture Prevention Measures

    The regulations in 10 CFR 50.60, 50.61, and Appendices G and H 
specify the requirements for fracture toughness and material 
surveillance programs for the reactor coolant pressure boundary of 
LWRs. The intent of these regulations is to maintain reactor coolant 
pressure boundary integrity by assuring adequate margins of safety 
during any condition of normal operation, including anticipated 
operational occurrences.
    After the fuel has been removed from the reactor vessel, accidents 
and transients that affect the integrity of the reactor coolant 
pressure boundary can no longer occur. The measures required by these 
regulations are no longer necessary. Therefore, the Commission is 
proposing to amend 10 CFR 50.60 and 50.61 to indicate their 
nonapplicability to a nuclear power reactor facility that has 
permanently ceased operations and has permanently removed fuel from the 
reactor vessel.

K. Anticipated Transient Without Scram Requirements

    The purpose of 10 CFR 50.62 is to require improvements in the 
design and operation of LWRs to reduce the likelihood of reactor 
protection system (RPS) failure following anticipated operational 
occurrences. This regulation also requires improvements in the 
capability to mitigate the consequences of an anticipated transient 
without scram (ATWS) event.
    Although the ATWS event can be a significant contributor to 
operating plant risk, it is not relevant to nuclear power plants that 
have permanently ceased operations and have permanently removed fuel 
from the reactor since the RPS is no longer needed. Therefore, the 
Commission is proposing to amend 10 CFR 50.62 to indicate its 
nonapplicability to a nuclear power reactor facility that has 
permanently ceased operations and permanently removed fuel from the 
reactor vessel. 

[[Page 37380]]


L. Monitoring the Effectiveness of Maintenance

    The applicability of 10 CFR 50.65 to the operational phase of a 
nuclear power plant is well understood. However, to eliminate any 
uncertainty as to its applicability to the permanently shutdown and 
decommissioning phase of a nuclear power plant, the Commission is 
proposing to amend 10 CFR 50.65 to clearly indicate that the licensee 
must monitor the performance or condition of all structures, systems, 
and components associated with the storage, control, and maintenance of 
spent fuel in a safe condition during the permanently shutdown and 
decommissioning phase of a nuclear power plant subject to the 
requirements of Sec. 50.82(a).

M. Maintenance of Records and the Making of Reports

    The requirements for licensees to periodically update the Final 
Safety Analysis Report (FSAR) are contained in 10 CFR 50.71. The 
regulation requires that ``persons licensed to operate a nuclear power 
reactor'' update the facility FSAR annually or after each refueling 
outage with intervals not to exceed 24 months. In order to ensure that 
applicable sections of facility FSARs continue to be updated, the 
Commission is proposing to amend this regulation to make it applicable 
to licensees that have permanently ceased operations, pursuant to 
Sec. 50.82(a)(1). The Commission is also proposing that the 
decommissioning plan for non-power reactors be made a part of the 
facility FSAR or equivalent. These changes will permit licensees to 
update their FSARs and decommissioning planning documents without prior 
NRC approval.
IV. Criminal Penalties Provisions

    The existing provisions of 10 CFR 50.82 are treated as 
nonsubstantive and are not subject to criminal enforcement. Under the 
Commission's proposed amendments to 10 CFR 50.82, licensees would be 
required to take certain actions which the Commission believes are 
essential in initiating the decommissioning process; e.g., certifying 
to permanent cessation of operations and permanent removal of fuel from 
the reactor vessel, and submitting a PSDAR. Thus, the Commission 
believes that the amended provisions of 10 CFR 50.82 should be 
considered as substantive and issued under sections 161b, 161i, or 161o 
of the Atomic Energy Act of 1954, as amended. Accordingly, the 
Commission is proposing to amend 10 CFR 50.111(b) to remove the 
exemption for Sec. 50.82 from the criminal penalty provisions.

Finding of No Significant Environmental Impact Availability

    The Commission has determined under the National Environmental 
Policy Act of 1969, as amended, and the Commission's regulations in 
Subpart A of 10 CFR Part 51, that this rule, if adopted, would not be a 
major Federal action significantly affecting the quality of the human 
environment and therefore an environmental impact statement is not 
required. The proposed rule would clarify current decommissioning 
requirements for nuclear power reactors in 10 CFR Part 50, and set 
forth a more efficient, uniform, and understandable process. The 
Commission has already analyzed the major environmental impacts 
associated with decommissioning in the Generic Environmental Impact 
Statement (GEIS), NUREG-0586, August 1988, published in conjunction 
with the Commission's final decommissioning rule (53 FR 24018, June 27, 
1988). The NRC has sent a copy of the Environmental Assessment and this 
proposed rule to every State Liaison Officer and requested their 
comments on the Environmental Assessment. The environmental assessment 
and finding of no significant impact on which this determination is 
based are available for inspection and photocopying for a fee at the 
NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, 
DC. Single copies of the environmental assessment and the finding of no 
significant impact are available from Carl Feldman, U.S. NRC, Washinton 
DC 20555, (301) 415-6194.

Paperwork Reduction Act Statement

    This proposed rule amends information collection requirements that 
are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) This rule has been submitted to the Office of Management and 
Budget for review and approval of the paperwork requirements.
    Because the rule will relax existing information collection 
requirements, the public burden for this collection of information is 
expected to be reduced by 12,202 hours per licensee. This reduction 
includes the time required for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed and 
completing and reviewing the collection of information. Send comments 
regarding the estimated burden reduction or any other aspect of this 
collection of information, including suggestions for further reducing 
this burden, to the Information and Records Management Branch (T-6 
F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
and to the Desk Officer, Office of Information and Regulatory Affairs, 
NEOB-10202, (3150-0011), Office of Management and Budget, Washington, 
DC 20503.

Regulatory Analysis

    The NRC has prepared a draft regulatory analysis of this proposed 
regulation. The analysis qualitatively examines the costs and benefits 
of the alternatives considered by the NRC. The draft regulatory 
analysis is available for inspection in the NRC Public Document Room, 
2120 L Street NW. (Lower Level), Washington, DC 20555. Single copies of 
the analysis may be obtained from Dr. Carl Feldman, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301) 415-6194.
    The Commission requests public comment on the draft regulatory 
analysis. Comments on the draft analysis may be submitted to the NRC as 
indicated under the ADDRESSES heading.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. The proposed rule would impose requirements for 
timely decommissioning of nuclear power plants. The companies that own 
these plants do not fall within the scope of the definition of small 
entities as given in the Regulatory Flexibility Act or the Small 
Business Size Standards promulgated in regulations issued by the Small 
Business Administration (13 U.S.C. Part 121).

Backfit Analysis

    The Commission is proposing not to apply the backfit rule, 10 CFR 
50.109, to these proposed amendments, and therefore, a backfit analysis 
has not been prepared for this rule. The scope of the backfit provision 
in 10 CFR 50.109 is limited to construction and operation of reactors. 
These proposed amendments would only apply to reactors which have 
permanently ceased operations and, as such, would not constitute 
backfits under 10 CFR 50.109.

List of Subjects

10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, 

[[Page 37381]]
Environmental protection, Nuclear materials, Nuclear power plants and 
reactors, Penalty, Sex discrimination, Source material, Special nuclear 
material, Waste treatment and disposal.

10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.
10 CFR Part 51

    Administrative practice and procedure, Environmental impact 
statement, Nuclear materials, Nuclear power plants and reactors, 
Reporting and recordkeeping requirements.
    For reasons set out in the preamble and under the authority of the 
Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 
1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the 
following amendments to 10 CFR Parts 2, 50, and 51.

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS

    1. The authority citation for part 2 continues to read as follows:

    Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 
409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); 5 U.S.C. 552.

    Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 
105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. 
L. 97-425 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, 
Pub. L. 91-190, 83 Stat 853, as amended (42 U.S.C. 4332); sec. 301, 
88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 
2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 
936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 
2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 
96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued 
under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 
Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 
1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec. 
102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). 
Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 
2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 
2.764 and Table 1A of Appendix C also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended 
(42 U.S.C. 2133) and 5 U.S.C. 552. Section 2.800 and 2.808 also 
issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C 
553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 
2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 
2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). 
Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). 
Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 
(42 U.S.C. 2135). Appendix B also issued under Sec. 10, Pub. L. 99-
240, 99 Stat. 1842 (42 U.S.C. 2021b et. seq.).

    2. In Sec. 2.1201, paragraph (a)(3) is added to read as follows:


Sec. 2.1201  Scope of subpart.

    (a) * * *
    (3) The amendment of a part 50 license following permanent removal 
of fuel from the site to an authorized facility for licensees that have 
previously made declarations related to permanent cessation of 
operations and permanent removal of fuel from the reactor in accordance 
with Sec. 50.82(a)(1). Subpart L hearings for the license termination 
plan amendment, if conducted, must be completed prior to license 
termination.
* * * * *
    3. In Sec. 2.1203 paragraph (e) is revised to read as follows:


Sec. 2.1203  Docket; filing; service.

* * * * *
    (e) A request for a hearing or petition for leave to intervene must 
be served in accordance with Sec. 2.712 and Sec. 2.1205 (f) and (k). 
All other documents issued by the presiding officer or the Commission 
or offered for filing are served in accordance with Sec. 2.712.
    4. In Sec. 2.1205, paragraphs (c) through (n) are redesignated as 
paragraphs (d) through (o), a new paragraph (c) is added, and newly 
designated paragraphs (d) introductory text, (d)(1), (d)(2) 
introductory text, (e)(2), (e)(4), (h) introductory text, (i), (j) 
introductory text, (k) introductory text, (k)(3), (l)(1) introductory 
text, and (l)(2) are revised to read as follows:


Sec. 2.1205  Request for a hearing; petition for leave to intervene.

* * * * *
    (c) For amendments of part 50 licenses under Sec. 2.1201(a)(3), a 
notice of receipt of the application, with reference to the opportunity 
for a hearing under the procedures set forth in this subpart, must be 
published in the Federal Register at least 30 days prior to issuance of 
the requested amendment by the Commission.
    (d) A person, other than an applicant, shall file a request for a 
hearing within--
    (1) Thirty (30) days of the agency's publication in the Federal 
Register of a notice, which must include a reference to the opportunity 
for a hearing under the procedures set forth in this subpart, referring 
to either the receipt of an application, or the granting of an 
application, in whole or in part, requesting a licensing action. With 
respect to an amendment described in Sec. 2.1201(a)(3), the Commission, 
prior to issuance of the requested amendment, will follow the 
procedures in Sec. 50.91 and Sec. 50.92(c) to the extent necessary to 
make a determination on whether the amendment involves a significant 
hazards consideration. If the Commission finds there are significant 
hazards considerations involved in the requested amendment, the 
amendment will not be issued until any hearings under this paragraph 
are completed.
    (2) If a Federal Register notice is not published in accordance 
with paragraph (d)(1), the earliest of--
* * * * *
    (e) * * *
    (2) How the interests may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in 
paragraph (h) of this section;
* * * * *
    (4) The circumstances establishing the request for a hearing is 
timely in accordance with paragraph (d) of this section.
* * * * *
    (h) In ruling on a request for a hearing filed under paragraph (d) 
of this section, the presiding officer shall determine that the 
specified areas of concern are germane to the subject matter of the 
proceeding and that the petition is timely. The presiding officer also 
shall determine that the requestor meets the judicial standards for 
standing and shall consider, among other factors--
* * * * *
    (i) If a hearing request filed under paragraph (c) of this section 
is granted, the applicant and the NRC staff shall be parties to the 
proceeding. If a hearing request filed under paragraph (d) of this 
section is granted, the requestor shall be a party to the proceeding 
along with the applicant and the NRC staff, if the staff chooses or is 
ordered to participate as a party in accordance with Sec. 2.1213.
    (j) If a request for hearing is granted and a notice of the kind 
described in paragraph (d)(1) of this section previously has not been 
published in the Federal Register, a notice of hearing must be 
published in the Federal Register stating--
* * * * *
    (k) Any petition for leave to intervene must be filed within thirty 
(30) days of the date of publication of the notice of 

[[Page 37382]]
hearing. The petition must set forth the information required under 
paragraph (e) of this section.
* * * * *
    (3) Thereafter, the petition for leave to intervene must be ruled 
upon by the presiding officer, taking into account the matters set 
forth in paragraph (h) of this section.
* * * * *
    (l) (1) A request for a hearing or a petition for leave to 
intervene found by the presiding officer to be untimely under paragraph 
(d) or (k) of this section will be entertained only upon determination 
by the Commission or the presiding officer that the requestor or 
petitioner has established that--
* * * * *
    (2) If the request for a hearing on the petition for leave to 
intervene is found to be untimely and the requestor or petitioner fails 
to establish that it otherwise should be entertained on the paragraph 
(l)(1) of this section, the request or petition will be treated as a 
petition under Sec. 2.206 and referred for appropriate disposition.
* * * * *
    5. In Sec. 2.1211, paragraph (b) is revised to read as follows:


Sec. 2.1211  Participation by a person not a party.

* * * * *
    (b) Within thirty days of an order granting a request for a hearing 
made under Sec. 2.1205 (c) and (d) or, in instances when it is 
published, within thirty days of notice of hearing issued under 
Sec. 2.1205(j), the representative of the interested State, county, 
municipality, or an agency thereof, may request an opportunity to 
participate in a proceeding under this subpart. The request for an 
opportunity to participate must state with reasonable specificity the 
requestor's areas of concern about the licensing activity that is the 
subject matter of the proceeding. Upon receipt of a request that is 
filed in accordance with these time limits and that specifies the 
requestor's areas of concern, the presiding officer shall afford the 
representative a reasonable opportunity to make written and oral 
presentations in accordance with Secs. 2.1233 and 2.1235, without 
requiring the representative to take a position with respect to the 
issues. Participants under this paragraph may notice an appeal of an 
initial decision in accordance with Sec. 2.1253 with respect to any 
issue on which they participate.
    6. Section 2.1213 is revised to read as follows:


Sec. 2.1213  Role of the NRC staff.

    If a hearing request is filed under Sec. 2.1205(c), the NRC staff 
shall be a party to the proceeding. If a hearing request is filed under 
Sec. 2.1205(d), within ten (10) days of the designation of a presiding 
officer pursuant to Sec. 2.1207 the NRC staff shall notify the 
presiding officer whether or not the staff desires to participate as a 
party to the adjudication. In addition, upon a determination by the 
presiding officer that the resolution of any issue in the proceeding 
would be aided materially by the staff's participation in the 
proceeding as a party, the presiding officer may order or permit the 
NRC staff to participate as a party with respect to that particular 
issue.
    7. In Sec. 2.1233, paragraph (c) is revised to read as follows:


Sec. 2.1233  Written presentations; written questions.

* * * * *
    (c) In a hearing initiated under Sec. 2.1205(d), the initial 
written presentation of a party that requested a hearing or petitioned 
for leave to intervene must describe in detail any deficiency or 
omission in the license application, with references to any particular 
section or portion of the application considered deficient, give a 
detailed statement of reasons why any particular sections or portion is 
deficient or why an omission is material, and describe in detail what 
relief is sought with respect to each deficiency or omission.
* * * * *
    8. Section 2.1263, is revised to read as follows:


Sec. 2.1263  Stays of NRC staff licensing actions or of decisions of a 
presiding officer or the Commission pending hearing or review.

    Applications for a stay of any decision or action of the 
Commission, a presiding officer, or any action by the NRC staff in 
issuing a license in accordance with Sec. 2.1205(m) are governed by 
Sec. 2.788, except that any request for a stay of staff licensing 
action pending completion of an adjudication under this subpart must be 
filed at the time a request for a hearing or petition to intervene is 
filed or within ten (10) days of the staff's action, whichever is 
later. A request for a stay of a staff licensing action must be filed 
with the adjudicatory decision maker before which the licensing 
proceeding is pending.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    9. The authority citation for part 50 continues to read as follows:

    Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 
U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 
Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102 Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    10. In Sec. 50.2, the terms ``Certified fuel handler,'' ``Major 
decommissioning activity,'' ``Major radioactive components,'' 
``Permanent cessation of operations,'' and ``Permanent fuel removal'' 
are added to read as follows:


Sec. 50.2  Definitions.

* * * * *
    Certified fuel handler means, for a nuclear power reactor, a non-
licensed operator who has qualified in accordance with a fuel handler 
training program approved by the Commission.
* * * * *
    Major decommissioning activity means, for a nuclear power reactor, 
any activity that results in permanent removal of major radioactive 
components, permanently modifies the structure of the containment, or 
results in dismantling components for shipment containing greater than 
class C waste in accordance with Sec. 61.55 of this chapter.
    Major radioactive components means, for a nuclear power reactor, 
the reactor vessel and internals, steam generators, pressurizers, large 
bore reactor coolant system piping, and other large components that are 
radioactive.
* * * * *

[[Page 37383]]

    Permanent cessation of operation(s) means, for a nuclear power 
reactor, a certification by a licensee to the NRC that it has 
permanently ceased or will permanently cease reactor operation(s), or a 
final legally effective order to permanently cease operation(s) has 
come into effect.
    Permanent fuel removal means, for a nuclear power reactor, a 
certification by the licensee to the NRC that it has permanently 
removed all fuel assemblies from the reactor vessel.
* * * * *
    11. In Sec. 50.4, paragraphs (b)(8) and (b)(9) are added to read as 
follows:
Sec. 50.4  Written communications.
* * * * *
    (b) * * *
    (8) Certification of permanent cessation of operations. The 
licensee's certification of permanent cessation of operations, pursuant 
to Sec. 50.82(a)(1), must state the date on which operations have 
ceased or will cease, and the signed and notarized original must be 
submitted to: The Nuclear Regulatory Commission, Document Control Desk, 
Washington, DC 20555.
    (9) Certification of Permanent Fuel Removal. The licensee's 
certification of permanent fuel removal, pursuant to Sec. 50.82(a)(1), 
must state the date on which the fuel was removed from the reactor 
vessel and the disposition of the fuel, and the signed and notarized 
original must be submitted to: The Nuclear Regulatory Commission, 
Document Control Desk, Washington, DC 20555.
* * * * *
    12. In Sec. 50.36, paragraphs (c)(6) and (c)(7) are redesignated as 
(c)(7) and (c)(8) and new paragraphs (c)(6) and (e) are added to read 
as follows:
* * * * *
Sec. 50.36  Technical specifications.

* * * * *
    (c) * * *
    (6) Decommissioning. This paragraph applies only to nuclear power 
reactors that have submitted the certifications required by 
Sec. 50.82(a)(1) and to non-power reactors which are not authorized to 
operate. Technical specifications involving safety limits, limiting 
safety system settings, and limiting control system settings; limiting 
conditions for operation; surveillance requirements; design features; 
and administrative controls will be developed on a case-by-case basis.
* * * * *
    (e) The provisions of this section apply to each nuclear reactor 
licensee whose authority to operate the reactor has been removed by 
license amendment, order, or regulation.
    13. Section 50.36a is revised to read as follows:


Sec. 50.36a  Technical specifications on effluents from nuclear power 
reactors.

    (a) In order to keep releases of radioactive materials to 
unrestricted areas during normal conditions, including expected 
occurrences, as low as reasonably achievable, each licensee of a 
nuclear power reactor will include technical specifications that, in 
addition to requiring compliance with applicable provisions of 
Sec. 20.1301 of this chapter, require that:
    (1) Operating procedures developed pursuant to Sec. 50.34a(c) for 
the control of effluents be established and followed and that equipment 
installed in the radioactive waste system, pursuant to Sec. 50.34(a), 
be maintained and used. The licensee shall retain the operating 
procedures in effect as a record until the Commission terminates the 
license and shall retain each superseded revision of the procedures for 
three years from the date it was superseded.
    (2) Each licensee shall submit a report to the Commission annually 
that specifies the quantity of each of the principal radionuclides 
released to unrestricted areas in liquid and in gaseous effluents 
during the previous 12 months, including any other information as may 
be required by the Commission to estimate maximum potential annual 
radiation doses to the public resulting from effluent releases. The 
report must be submitted as specified in Sec. 50.4, and the time 
between submission of the reports must be no longer than 12 months. If 
quantities of radioactive materials released during the reporting 
period are significantly above design objectives, the report must cover 
this specifically. On the basis of these reports and any additional 
information the Commission may obtain from the licensee or others, the 
Commission may require the licensee to take action as the Commission 
deems appropriate.
    (b) In establishing and implementing the operating procedures 
described in paragraph (a) of this section, the licensee shall be 
guided by the following considerations: Experience with the design, 
construction, and operation of nuclear power reactors indicates that 
compliance with the technical specifications described in this section 
will keep average annual releases of radioactive material in effluents 
and their resultant committed effective dose equivalents at small 
percentages of the dose limits specified in Sec. 20.1301 and in the 
license. At the same time, the licensee is permitted the flexibility of 
operation, compatible with considerations of health and safety, to 
assure that the public is provided a dependable source of power even 
under unusual conditions which may temporarily result in releases 
higher than such small percentages, but still within the limits 
specified in Sec. 20.1301 of this chapter and in the license. It is 
expected that in using this flexibility under unusual conditions, the 
licensee will exert its best efforts to keep levels of radioactive 
material in effluents as low as is reasonably achievable. The guides 
set out in Appendix I to this part provide numerical guidance on 
limiting conditions for operation for light-water cooled nuclear power 
reactors to meet the requirement that radioactive materials in 
effluents released to unrestricted areas be kept as low as is 
reasonably achievable.
    14. Section 50.36b is revised to read as follows:


Sec. 50.36b  Environmental conditions.

    Each license authorizing operation of a production or utilization 
facility, and each licensee for a reactor facility for which the 
certification of permanent cessation of operations required under 
Sec. 50.82(a)(1) has been submitted, which is of a type described in 
Sec. 50.21(b)(2) or (3) or Sec. 50.22 or is a testing facility may 
include conditions to protect the environment to be set out in an 
attachment to the license which is incorporated in and made a part of 
the license. These conditions will be derived from information 
contained in the environmental report and the supplement to the 
environmental report submitted pursuant to Secs. 51.50 and 51.53 of 
this chapter as analyzed and evaluated in the NRC record of decision, 
and will identify the obligations of the licensee in the environmental 
area, including, as appropriate, requirements for reporting and keeping 
records of environmental data, and any conditions and monitoring 
requirement for the protection of the nonaquatic environment.
    15. In Sec. 50.44, the introductory text of paragraph (a) is 
revised to read as follows:
Sec. 50.44  Standards for combustible gas control system in light-
water-cooled power reactors.

    (a) Each boiling or pressurized light-water nuclear power reactor 
fueled with oxide pellets within cylindrical zircaloy or ZIRLO 
cladding, other than a reactor facility for which the certifications 
required under Sec. 50.82(a)(1) have been submitted, must, as provided 
in paragraphs (b) through (d) of this section, include means for 
control of hydrogen gas that may be generated, 

[[Page 37384]]
following a postulated loss-of-coolant accident (LOCA) by---
* * * * *
    16. In Sec. 50.46, paragraph (a)(1)(i) is revised to read as 
follows:


Sec. 50.46  Acceptance criteria for emergency core cooling systems for 
light water nuclear power reactors.

    (a)(1)(i) Each boiling or pressurized light-water nuclear power 
reactor fueled with uranium oxide pellets within cylindrical zircaloy 
or ZIRLO cladding, other than a reactor facility for which the 
certifications required under Sec. 50.82(a)(1) have been submitted, 
must be provided with an emergency core cooling system (ECCS) that must 
be designed so that its calculated cooling performance following 
postulated loss-of-coolant accidents conforms to the criteria set forth 
in paragraph (b) of this section. ECCS cooling performance must be 
calculated in accordance with an acceptable evaluation model and must 
be calculated for a number of postulated loss-of-coolant accidents of 
different sizes, locations, and other properties sufficient to provide 
assurance that the most severe postulated loss-of-coolant accidents are 
calculated. Except as provided in paragraph (a)(1)(ii) of this section, 
the evaluation model must include sufficient supporting justification 
to show that the analytical technique realistically describes the 
behavior of the reactor system during a loss-of-coolant accident. 
Comparisons to applicable experimental data must be made and 
uncertainties in the analysis method and inputs must be identified and 
assessed so that the uncertainty in the calculated results can be 
estimated. This uncertainty must be accounted for, so that, when the 
calculated ECCS cooling performance is compared to the criteria set 
forth in paragraph (b) of this section, there is a high level of 
probability that the criteria would not be exceeded. Appendix K to this 
part, Part II Required Documentation, sets forth the documentation 
requirements for each evaluation model.
* * * * *
    17. In Sec. 50.48, paragraph (f) is added to read as follows:


Sec. 50.48  Fire protection.

* * * * *
    (f) Licensees that have submitted the certifications required under 
Sec. 50.82(a)(1) shall maintain a fire protection program to address 
the potential for fires which could cause the release or spread of 
radioactive materials (i.e., which could result in a radiological 
hazard).
    (1) The objectives of the fire protection program are to:
    (i) Reasonably prevent such fires from occurring;
    (ii) Rapidly detect, control, and extinguish those fires which do 
occur and which could result in a radiological hazard; and
    (iii) Ensure that the risk of fire-induced radiological hazards to 
the public, environment and plant personnel is minimized.
    (2) The fire protection program must be assessed by the licensee on 
a regular basis and revised as appropriate throughout the various 
stages of facility decommissioning.
    (3) The licensee may make changes to the fire protection program 
without NRC approval if these changes do not reduce the effectiveness 
of fire protection for facilities, systems and equipment which could 
result in a radiological hazard, taking into account the 
decommissioning plant conditions and activities.
    18. In Sec. 50.49, paragraph (a) is revised to read as follows:


Sec. 50.49  Environmental qualification of electric equipment important 
to safety for nuclear power plants.

    (a) Each holder of or an applicant for a license for a nuclear 
power plant, other than a reactor facility for which the certifications 
required under Sec. 50.82(a)(1) have been submitted, shall establish a 
program for qualifying the electric equipment defined in paragraph (b) 
of this section.
* * * * *
    19. In Sec. 50.51, the section heading is revised, the existing 
paragraph is designated paragraph (a), and paragraph (b) is added to 
read as follows:
* * * * *


Sec. 50.51  Continuation of license.

* * * * *
    (b) Each license will continue in effect beyond the expiration 
date, if necessary, with respect to possession of the production or 
utilization facility, until the Commission notifies the licensee in 
writing that the license is terminated. During any period of continued 
effectiveness of a license beyond the license's stated expiration date, 
except for a license which is in timely renewal status under Sec. 2.109 
of this chapter, the licensee is prohibited from operating the 
production or utilization facility and shall--
    (1) Take actions necessary to decommission and decontaminate the 
facility and continue to maintain the facility, including the storage, 
control and maintenance of the spent fuel, in a safe condition, and
    (2) Conduct activities in accordance with all other restrictions 
applicable to the facility in accordance with the NRC regulations and 
the provisions of the specific part 50 license for the facility.
* * * * *
    20. In Sec. 50.54, paragraphs (o) and (y) are revised to read as 
follows:


Sec. 50.54  Conditions of licenses.

* * * * *
    (o) Primary reactor containments for water cooled power reactors, 
other than reactor facilities for which the certifications required 
under Sec. 50.82(a)(1) have been submitted, shall be subject to the 
requirements set forth in Appendix J to this part.
* * * * *
    (y) Licensee action permitted by paragraph (x) of this section 
shall be approved, as a minimum, by a licensed senior operator, or, at 
a nuclear power reactor for which the certifications required under 
Sec. 50.82(a)(1) have been submitted, by either a licensed senior 
operator or a certified fuel handler, prior to taking the action.
* * * * *
    21. In Sec. 50.59, paragraphs (d), (e), and (f) are added to read 
as follows:


Sec. 50.59  Changes, tests and experiments.

* * * * *
    (d) All the provisions of this section shall apply to each nuclear 
power reactor licensee that has submitted the certification of 
permanent cessation of operations required under Sec. 50.82(a)(1).
    (e) (1) A nuclear power reactor licensee that has submitted the 
certification of permanent cessation of operations required under 
Sec. 50.82(a)(1) may conduct activities with regard to the facility, 
subject to the limitations described in paragraph (a) of this section, 
provided the changes would not:
    (i) Foreclose the release of the site for possible unrestricted 
use,
    (ii) Significantly increase decommissioning costs,
    (iii) Cause any significant environmental impact not previously 
reviewed, or
    (iv) Violate the terms of the licensee's existing license.
    (2) For changes not meeting any of the criteria in this paragraph 
or paragraph (a) of this section, the licensee shall submit an 
application for amendment pursuant to Sec. 50.90.
    (f) The provisions of paragraphs (a) through (c) of this section 
apply to each non-power reactor licensee whose license no longer 
authorizes operation of the reactor.
    22. In Sec. 50.60, paragraph (a) is revised to read as follows: 

[[Page 37385]]



Sec. 50.60  Acceptance criteria for fracture prevention measures for 
light-water nuclear power reactors for normal operation.
    (a) Except as provided in paragraph (b) of this section, all light 
water nuclear power reactors, other than reactor facilities for which 
the certifications required under Sec. 50.82(a)(1) have been submitted, 
must meet the fracture toughness and material surveillance program 
requirements for the reactor coolant pressure boundary set forth in 
Appendices G and H to this part.
* * * * *
    23. In Sec. 50.61, paragraph (b)(1) is revised to read as follows:


Sec. 50.61  Fracture toughness requirements for protection against 
pressurized thermal shock events.

* * * * *
    (b) Requirements. (1) For each pressurized water nuclear power 
reactor for which an operating license has been issued, other than a 
reactor facility for which the certifications required under 
Sec. 50.82(a)(1) have been submitted, the licensee shall submit 
projected values of RTPTS for reactor vessel beltline materials by 
giving values for the time of submittal, the expiration date of the 
operating license, the projected expiration date if a change in the 
operating license has been requested, and the projected expiration date 
of a renewal term if a request for license renewal has been submitted. 
The assessment must use the calculative procedures given in paragraph 
(b)(2) of this section. The assessment must specify the bases for the 
projection, including the assumptions regarding core loading patterns. 
The submittal must list the copper and nickel contents, and the fluency 
values used in the calculation for each beltline material. If these 
quantities differ from those submitted in response to the original PTS 
rule and accepted by the NRC, justification must be provided. If the 
value of RTPTS for any material in the beltline is projected to 
exceed the PTS screening criteria before the expiration date of the 
operating license or the proposed expiration date if a change in the 
license has been requested, or the end of a renewal term if a request 
for license renewal has been submitted, this assessment must have been 
submitted by December 16, 1991. Otherwise, this assessment must be 
submitted with the next update of the pressure-temperature limits, or 
the next reactor vessel material surveillance report, or 5 years from 
[the effective date of the final rule], whichever comes first. These 
submittals must be updated whenever there is a significant change in 
projected values of RTPTS, or upon a request for a change in the 
expiration date for operation of the facility.
* * * * *
    24. In Sec. 50.62, paragraph (a) is revised to read as follows:


Sec. 50.62  Requirements for reduction of risk from anticipated 
transients without scram (ATWS) events for light-water-cooled nuclear 
power plants.

    (a) Applicability. The requirements of this section apply to all 
commercial light-water-cooled nuclear power plants, other than reactor 
facilities for which the certifications required under Sec. 50.82(a)(1) 
have been submitted.
* * * * *
    25. In Sec. 50.65, paragraph (a)(1) is revised to read as follows:


Sec. 50.65   Requirements for monitoring the effectiveness of 
maintenance at nuclear power plants.

    (a)(1) Each holder of a license to operate a nuclear power plant 
under Secs. 50.21(b) or 50.22 shall monitor the performance or 
condition of structures, systems, or components, against licensee-
established goals, in a manner sufficient to provide reasonable 
assurance that such structures, systems, and components, as defined in 
paragraph (b) of this section, are capable of fulfilling their intended 
functions. Such goals shall be established commensurate with safety 
and, where practical, take into account industry-wide operating 
experience. When the performance or condition of a structure, system, 
or component does not meet established goals, appropriate corrective 
action shall be taken. For a nuclear power plant for which the licensee 
has submitted the certifications specified in Sec. 50.82(a)(1), this 
section shall apply to the extent that the licensee shall monitor the 
performance or condition of all structures, systems, or components 
associated with the storage, control, and maintenance of spent fuel in 
a safe condition, in a manner sufficient to provide reasonable 
assurance that such structures, systems, and components are capable of 
fulfilling their intended functions.
* * * * *
    26. In Sec. 50.71, paragraph (f) is added to read as follows:


Sec. 50.71  Maintenance of records, making of reports.

* * * * *
    (f) The provisions of this section shall apply to nuclear power 
reactor licensees that have submitted the certification of permanent 
cessation of operations required under Sec. 50.82(a)(1). The applicable 
provisions of this section shall also apply to non-power reactor 
licensees that are no longer authorized to operate.
    27. In Sec. 50.75, paragraph (f) is revised to read as follows:


Sec. 50.75  Reporting and recordkeeping for decommissioning planning.

* * * * *
    (f) (1) Each power reactor licensee shall at or about 5 years prior 
to the projected end of operations submit a preliminary decommissioning 
cost estimate which includes an up-to-date assessment of the major 
factors that could affect the cost to decommission.
    (2) Each non-power reactor licensee shall at or about 2 years prior 
to the projected end of operations submit a preliminary decommissioning 
plan containing a cost estimate for decommissioning and an up-to-date 
assessment of the major factors that could affect planning for 
decommissioning. Factors to be considered in submitting this 
information include--
    (i) The decommissioning alternative anticipated to be used. The 
requirements of Sec. 50.82(b)(4)(i) must be considered at this time;
    (ii) Major technical actions necessary to carry out decommissioning 
safely;
    (iii) The current situation with regard to disposal of high-level 
and low-level radioactive waste;
    (iv) Residual radioactivity criteria;
    (v) Other site specific factors which could affect decommissioning 
planning and cost.
    (3) If necessary, the cost estimate shall, for power and non-power 
reactors, also include plans for adjusting levels of funds assured for 
decommissioning to demonstrate that a reasonable level of assurance 
will be provided that funds will be available when needed to cover the 
cost of decommissioning.
* * * * *
    28. Section 50.82 is revised to read as follows:


Sec. 50.82  Termination of license.

    The following provisions apply to licensees who do not have an NRC 
approved decommissioning plan on the effective date of the final rule 
and may be used, at the licensee's option, by licensees who possess an 
NRC approved decommissioning plan on the effective date of the final 
rule.
    (a) For power reactor licensees--
    (1)(i) When a licensee has determined to permanently cease 
operations the licensee shall, within 30 days, submit a written 
certification to the NRC, consistent with the requirements of 
Sec. 50.4(b)(8) and;
    (ii) Once fuel has been permanently removed from the reactor 
vessel, submit 

[[Page 37386]]
a written certification to the NRC, consistent with the requirements of 
Sec. 50.4(b)(9).
    (2) Upon docketing of the certifications for permanent cessation of 
operations and permanent removal of fuel from the reactor vessel, or 
when a final legally effective order to permanently cease operations 
has come into effect, the part 50 license no longer authorizes 
operation of the reactor or emplacement of fuel into the reactor 
vessel.
    (3) Decommissioning will be completed within 60 years of permanent 
cessation of operations. Completion of decommissioning beyond 60 years 
will be approved by the Commission only when necessary to protect 
public health and safety. Factors that will be considered in evaluating 
an alternative which provides for completion of decommissioning beyond 
60 years of permanent cessation of operations include unavailability of 
waste disposal capacity and other site-specific factors affecting the 
licensee's capability to carry out decommissioning, including presence 
of other nuclear facilities at the site.
    (4)(i) Prior to or within two years following permanent cessation 
of operations, the licensee shall submit a post-shutdown 
decommissioning activities report (PSDAR) which shall include a 
description of the planned decommissioning activities along with a 
schedule for their accomplishment, an estimate of expected costs, and a 
discussion as to whether the environmental impacts associated with 
site-specific decommissioning activities will be bounded by appropriate 
previously issued environmental impact statements.
    (ii) The NRC shall notice receipt of the PSDAR and make the PSDAR 
available for public comment. The NRC shall also schedule a public 
meeting in the vicinity of the licensee's facility upon receipt of the 
PSDAR. The NRC shall publish a notice in the Federal Register and in a 
forum, such as local newspapers, which is readily accessible to 
individuals in the vicinity of the site, announcing the date, time and 
location of the meeting, along with a brief description of the purpose 
of the meeting.
    (5) Licensees may not perform any major decommissioning activities, 
as defined in Sec. 50.2, until 90 days after the NRC has received the 
licensee's PSDAR submittal and until certifications of permanent 
cessation of operations and permanent removal of fuel from the reactor 
vessel, as required under Sec. 50.82(a)(1), have been submitted.
    (6) In taking actions permitted under Sec. 50.59 following 
submittal of the PSDAR, the licensee shall notify the NRC, in writing, 
before performing any decommissioning activity inconsistent with, or 
making any significant schedule change from, those actions and 
schedules described in the PSDAR.
    (7)(i) Decommissioning trust funds may be used by licensees 
provided:
    (A) The withdrawals are for expenses for legitimate decommissioning 
activities consistent with the definition of decommissioning in 
Sec. 50.2;
    (B) The expenditure would not reduce the value of the 
decommissioning trust below an amount necessary to place and maintain 
the reactor in a safe storage condition if unforeseen conditions or 
expenses arise and;
    (C) The withdrawals would not inhibit the ability of the licensee 
to complete funding of any shortfalls in the decommissioning trust 
needed to ensure the availability of funds to ultimately release the 
site and terminate the license.
    (ii) Initially, 3 percent of the generic amount specified in 
Sec. 50.75 may be used for decommissioning planning. For licensees that 
have submitted the certifications required under Sec. 50.82(a)(1) and 
commencing 90 days after the NRC has received the PSDAR, an additional 
20 percent may be used. A site-specific decommissioning cost estimate 
must be submitted to the NRC prior to the licensee being permitted to 
use any funding in excess of these amounts.
    (iii) Within 2 years following permanent cessation of operations, 
if not already submitted, the licensee shall submit a site-specific 
decommissioning cost estimate.
    (iv) For decommissioning activities that delay completion of 
decommissioning by including a period of storage or surveillance, the 
licensee shall provide a means of adjusting cost estimates and 
associated funding levels over the storage or surveillance period.
    (8) For licensees that have submitted a certification in accordance 
with Sec. 50.82(a)(1), the application for termination of license must 
be accompanied or preceded by a license termination plan to be 
submitted for NRC approval.
    (i) The license termination plan must be a supplement to the FSAR 
or equivalent and must be submitted at least 2 years prior to the 
termination of license date.
    (ii) The license termination plan must include--
    (A) A site characterization;
    (B) A description of remaining dismantlement activities;
    (C) Plans for site remediation;
    (D) Detailed plans for the final radiation survey;
    (E) A description of the end use of the site, if restricted;
    (F) An updated site-specific analysis of remaining decommissioning 
costs; and
    (G) A supplement to the environmental report, pursuant to 
Sec. 51.53, describing any new information or significant environmental 
change associated with the licensee's proposed termination activities.
    (iii) The NRC shall notice receipt of the license termination plan 
and make the license termination plan available for public comment. The 
NRC shall also schedule a public meeting in the vicinity of the 
licensee's facility upon receipt of the license termination plan. The 
NRC shall publish a notice in the Federal Register and in a forum, such 
as local newspapers, which is readily accessible to individuals in the 
vicinity of the site, announcing the date, time and location of the 
meeting, along with a brief description of the purpose of the meeting.
    (9) If the license termination plan demonstrates that the remainder 
of decommissioning activities will be performed in accordance with the 
regulations in this chapter and will not be inimical to the common 
defense and security or to the health and safety of the public, and 
after notice to interested persons, the Commission will approve the 
plan, by amendment, subject to such conditions and limitations as it 
deems appropriate and necessary and authorize implementation of the 
license termination plan.
    (10) The Commission will terminate the license if it determines 
that--
    (i) The remaining dismantlement has been performed in accordance 
with the approved license termination plan, and
    (ii) The terminal radiation survey and associated documentation 
demonstrates that the facility and site are suitable for release.
    (b) For non-power reactor licensees--
    (1) A licensee that permanently ceases operations must make 
application for license termination within 2 years following permanent 
cessation of operations, and in no case later than 1 year prior to 
expiration of the operating license. Each application for termination 
of a license must be accompanied or preceded by a proposed 
decommissioning plan. The contents of the decommissioning plan are 
specified in paragraph (b)(4) of this section.
    (2) For decommissioning plans in which the major dismantlement 
activities are delayed by first placing the facility in storage, 
planning for these 

[[Page 37387]]
delayed activities may be less detailed. Updated detailed plans must be 
submitted and approved prior to the start of these activities.
    (3) For decommissioning plans that delay completion of 
decommissioning by including a period of storage or surveillance, the 
licensee shall provide that--
    (i) Funds needed to complete decommissioning be placed into an 
account segregated from the licensee's assets and outside the 
licensee's administrative control during the storage or surveillance 
period, or a surety method or fund statement of intent be maintained in 
accordance with the criteria of Sec. 50.75(e), and
    (ii) Means be included for adjusting cost estimates and associated 
funding levels over the storage or surveillance period.
    (4) The proposed decommissioning plan must include--
    (i) The choice of the alternative for decommissioning with a 
description of activities involved. An alternative is acceptable if it 
provides for completion of decommissioning without significant delay. 
Consideration will be given to an alternative which provides for 
delayed completion of decommissioning only when necessary to protect 
the public health and safety. Factors to be considered in evaluating an 
alternative which provides for delayed completion of decommissioning 
include unavailability of waste disposal capacity and other site 
specific factors affecting the licensee's capability to carry out 
decommissioning, including presence of other nuclear facilities at the 
site.
    (ii) A description of the controls and limits on procedures and 
equipment to protect occupational and public health and safety;
    (iii) A description of the planned final radiation survey;
    (iv) An updated cost estimate for the chosen alternative for 
decommissioning, comparison of that estimate with present funds set 
aside for decommissioning, and plan for assuring the availability of 
adequate funds for completion of decommissioning; and
    (v) A description of technical specifications, quality assurance 
provisions and physical security plan provisions in place during 
decommissioning.
    (5) If the decommissioning plan demonstrates that the 
decommissioning will be performed in accordance with the regulations in 
this chapter and will not be inimical to the common defense and 
security or to the health and safety of the public, and after notice to 
interested persons, the Commission will approve, by amendment, the plan 
subject to such conditions and limitations as it deems appropriate and 
necessary. The approved decommissioning plan will be a supplement to 
the Safety Analysis report or equivalent.
    (6) The Commission will terminate the license if it determines 
that--
    (i) The decommissioning has been performed in accordance with the 
approved decommissioning plan, and
    (ii) The terminal radiation survey and associated documentation 
demonstrates that the facility and site are suitable for release.
    (c) For a facility that has permanently ceased operation before the 
expiration of its license, the collection period for any shortfall of 
funds will be determined, upon application by the licensee, on a case-
by-case basis taking into account the specific financial situation of 
each licensee.
    29. In Sec. 50.91, the introductory text is revised to read as 
follows:


Sec. 50.91  Notice for public comment; State consultation.

    The Commission will use the following procedures for an application 
requesting an amendment to an operating license for a facility licensed 
under Sec. 50.21(b) or Sec. 50.22 or for a testing facility, except for 
amendments subject to hearings governed by Secs. 2.1201 through 2.1263 
of this chapter. For amendments subject to Secs. 2.1201 through 2.1263 
of this chapter, the following procedures will apply only to the extent 
specifically referenced in Sec. 2.1205 (c) and (d) of this chapter:
* * * * *
    30. In Sec. 50.111, paragraph (b) is revised to read as follows:


Sec. 50.111  Criminal penalties.

* * * * *
    (b) The regulations in part 50 that are not issued under sections 
161b, 161i, or 161o for the purposes of section 223 are as follows: 
Secs. 50.1, 50.2, 50.3, 50.4, 50.8, 50.11, 50.12, 50.13, 50.20, 50.21, 
50.22, 50.23, 50.30, 50.31, 50.32, 50.33, 50.34a, 50.35, 50.36b, 50.37, 
50.38, 50.39, 50.40, 50.41, 50.42, 50.43, 50.45, 50.50, 50.51, 50.52, 
50.53, 50.56, 50.57, 50.58, 50.81, 50.90, 50.91, 50.92, 50.100, 50.101, 
50.102, 50.103, 50.109, 50.110, and 50.111.
    31. Appendix I of Part 50 is amended by revising Section (I), the 
introductory text of Section (IV), and Section (IV)(C) to read as 
follows:

Appendix I--Numerical Guides for Design Objectives and Limiting 
Conditions for Operation to Meet the Criterion ``As Low As Is 
Reasonably Achievable'' for Radioactive Material in Light-Water-Cooled 
Nuclear Power Reactor Effluents

    Section I. Introduction. Section 50.34a provides that an 
application for a permit to construct a nuclear power reactor shall 
include a description of the preliminary design of equipment to be 
installed to maintain control over radioactive materials in gaseous 
and liquid effluents produced during normal conditions, including 
expected occurrences. In the case of an application filed on or 
after January 2, 1971, the application must also identify the design 
objectives, and the means to be employed, for keeping levels of 
radioactive material in effluents to unrestricted areas as low as 
practicable.
    Section 50.36a contains provisions designed to assure that 
releases of radioactive material from nuclear power reactors to 
unrestricted areas during normal conditions, including expected 
occurrences, are kept as low as practicable.
* * * * *
    SEC. IV. Guides on technical specifications for limiting 
conditions for operation for light-water-cooled nuclear power 
reactors licensed under 10 CFR Part 50. The guides on limiting 
conditions for operation for light-water-cooled nuclear power 
reactors set forth below may be used by an applicant for a license 
to operate a light-water-cooled nuclear power reactor or a licensee 
who has submitted a certification of permanent cessation of 
operations under Sec. 50.82(a)(1) as guidance in developing 
technical specifications under Sec. 50.36a(a) to keep levels of 
radioactive materials in effluents to unrestricted areas as low as 
is reasonably achievable.
    Section 50.36a(b) provides that licensees shall be guided by 
certain considerations in establishing and implementing operating 
procedures specified in technical specifications that take into 
account the need for operating flexibility and at the same time 
assure that the licensee will exert his best effort to keep levels 
of radioactive material in effluents as low as is reasonably 
achievable. The guidance set forth below provides additional and 
more specific guidance to licensees in this respect.
    Through the use of the guides set forth in this Section it is 
expected that the annual release of radioactive material in 
effluents from light-water-cooled nuclear power reactors can 
generally be maintained within the levels set forth as numerical 
guides for design objectives in Section II.
    At the same time, the licensee is permitted the flexibility of 
operations, compatible with considerations of health and safety, to 
assure that the public is provided a dependable source of power even 
under unusual conditions which may temporarily result in releases 
higher than numerical guides for design objectives but still within 
levels that assure that the average population exposure is 
equivalent to small fractions of doses from natural background 
radiation. It is expected that in using this operational flexibility 
under unusual conditions, the licensee will exert his best efforts 
to keep levels of 

[[Page 37388]]
radioactive material in effluents within the numerical guides for 
design objectives.
* * * * *
    C. If the data developed in the surveillance and monitoring 
program described in paragraph B of Section III or from other 
monitoring programs show that the relationship between the 
quantities of radioactive material released in liquid and gaseous 
effluents and the dose to individuals in unrestricted areas is 
significantly different from that assumed in the calculations used 
to determine design objectives pursuant to Sections II and III, the 
Commission may modify the quantities in the technical specifications 
defining the limiting conditions in a license to operate a light-
water-cooled nuclear power reactor or a license whose holder has 
submitted a certification of permanent cessation of operations under 
Sec. 50.82(a)(1).
* * * * *

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

    32. The authority cite is revised to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 
Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as 
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 
5842).

    Subpart A also issued under National Environmental Policy Act of 
1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 
4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041; 
and sec. 193, Pub. L. 101-575, 104 Stat. 2835 42 U.S.C. 2243). 
Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under 
secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). 
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended 
by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste 
Policy Act of 1982, sec 121, 96 Stat. 2228 (42 U.S.C. 10141). 
Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy 
Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C. 
10134(f)).

    33. In Sec. 51.53, paragraph (b) is revised to read as follows:


Sec. 51.53  Supplement to environmental report.

* * * * *
    (b) Post operating license stage. Each applicant for a license 
amendment authorizing decommissioning activities for a production or 
utilization facility either for unrestricted use or based on continuing 
use restrictions applicable to the site; and each applicant for a 
license amendment approving a license termination plan or 
decommissioning plan under Sec. 50.82 of this chapter either for 
unrestricted use or based on continuing use restrictions applicable to 
the site; and each applicant for a license or license amendment to 
store spent fuel at a nuclear power reactor after expiration of the 
operating license for the nuclear power shall submit with its 
application the number of copies, as specified in Sec. 51.55, of a 
separate document, entitled ``Supplement to Applicant's Environmental 
Report--Post Operating License Stage,'' which will update ``Applicants 
Environmental Report--Operating License Stage,'' as appropriate, to 
reflect any new information or significant environmental change 
associated with the applicants proposed decommissioning activities or 
with the applicants proposed activities with respect to the planned 
storage of spent fuel. Unless otherwise required by the Commission, in 
accordance with the generic determination in Sec. 51.23(a) and the 
provisions in Sec. 51.23(b), the applicant shall only address the 
environmental impact of spent fuel storage for the term of the license 
applied for. The ``Supplement to Applicant's Environmental Report--Post 
Operating License Stage'' may incorporate by reference any information 
contained in ``Applicant's Environmental Report--Construction Permit 
Stage,'' ``Supplement to Applicant's Environmental Report--Operating 
License Stage,'' final environmental impact statement, supplement to 
final environmental statement of records of decision previously 
prepared in connection with the construction permit of the operating 
license.
    34. In Sec. 51.95, paragraph (b) is revised to read as follows:


Sec. 51.95  Supplement to final environmental impact statement.

    (b) Post operating license stage. In connection with the amendment 
of an operating license authorizing decommissioning activities at a 
production or utilization facility covered by Sec. 51.20, either for 
unrestricted use or based on continuing use restrictions applicable to 
the site, or with the issuance, amendment or renewal of a license to 
store spent fuel at a nuclear power reactor after expiration of the 
operating license for the nuclear power reactor, the NRC staff will 
prepare a supplemental environmental impact statement for the post 
operating license stage or an environmental assessment, as appropriate, 
which will update the prior environmental review. The supplement or 
assessment may incorporate by reference any information contained in 
the final environmental impact statement, the supplement to the final 
environmental impact statement--operating license stage, or in the 
records of decision prepared in connection with the construction permit 
or the operating license for that facility. The supplement will include 
a request for comments as provided in Sec. 51.73. Unless otherwise 
required by the Commission, in accordance with the generic 
determination in Sec. 51.23(a) and the provisions of Sec. 51.23(b), a 
supplemental environmental impact statement for the post operating 
license stage or an environmental assessment, as appropriate, will 
address the environmental impacts of spent fuel storage only for the 
term of the license, license amendment or license renewal applied for.

    Dated at Rockville, Maryland, this 13th day of July, 1995.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 95-17718 Filed 7-19-95; 8:45 am]
BILLING CODE 7590-01-P