[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Proposed Rules]
[Pages 43193-43195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21349]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 30, 40, and 70

[Docket No. PRM-30-61]


Nuclear Energy Institute, Receipt of a Petition for Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; Notice of receipt.

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SUMMARY: The Nuclear Regulatory Commission (NRC) has received and 
requests public comment on a petition for rulemaking filed by the 
Nuclear Energy Institute (NEI) on behalf of nuclear material licensees. 
The Commission has docketed the petition Docket No. PRM-30-61. The 
petitioner requests that the NRC amend its regulations governing 
monitoring and maintenance programs for the decommissioning process at 
facilities of special nuclear materials licensees. The petitioner's 
suggested amendments would allow material licensees to continue 
monitoring and maintaining facilities, separate buildings, or outside 
storage areas that have not been used for 24 months, rather than 
requiring licensees to begin the decommissioning process after 24 
months of inactivity.

DATES: Submit comments by November 4, 1996. Comments received after 
this date will be considered if it is practical to do so, but assurance 
of consideration can be given only to comments received on or before 
this date.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Attention: Docketing and Service 
Branch.
    Deliver comments to 11555 Rockville Pike, Rockville, Maryland, 
between 7:45 a.m. and 4:15 p.m. on Federal workdays.
    For a copy of the petition, write: Rules Review Section, Rules 
Review and Directives Branch, Division of Freedom of Information and 
Publications Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555.
    Electronic access is explained at the end of the Supplementary 
Information section.

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555. Telephone: 301-415-7163 or Toll Free: 800-368-5642.

SUPPLEMENTARY INFORMATION:

Background

    The Nuclear Regulatory Commission (NRC) received a petition for 
rulemaking dated May 24, 1996, from the Nuclear Energy Institute (NEI). 
The petition was docketed as PRM-30-61 on May 29, 1996. The petitioner 
requests that the NRC amend the regulations in 10 CFR Parts 30, 40, and 
70 to establish a more flexible alternative to the current provisions 
required for decommissioning any facility, separate building, or 
outside area after it has been inactive for at least 24 months.
    The petitioner discusses the NRC's Site Decommissioning Plan to 
address facilities that had not operated for some period of time and 
had not started the decommissioning process. The study that led to the 
plan was initiated because the owners of a number of facilities had 
gone into bankruptcy or could not be identified, and because a number 
of sites had unique decommissioning or financial issues to be resolved 
in order to complete decommissioning.
    The NRC began a second study to determine the appropriateness of 
establishing regulations to prevent other licensees from falling into 
one of three categories. Two key antecedents for licensees falling into 
the categories were identified. First, the regulations did not state a 
specific time period for decommissioning, either from when operations 
ceased or from the time decommissioning started to the time it was 
completed. Second, if decommissioning was delayed for a long period of 
time, safety practices could become lax, key personnel could leave, 
management interest would wane, or bankruptcy, corporate takeover, and 
other unforeseen changes could occur, all of which would complicate or 
further delay decommissioning.
    The petitioner states that in January 1990, the NRC directed its 
staff to establish timeline criteria for decommissioning the sites of 
materials licensees. The petitioner describes NRC staff began efforts 
to establish the requirements for timely decommissioning. The work 
culminated in SECY-92-057, dated February 19, 1992. In June 1992, the 
NRC issued a staff requirements memorandum approving the proposed 
rulemaking. The notice for comments was published in the Federal 
Register on January 13, 1993 (53 FR 4099). The comment period expired 
on March 29, 1993. The NRC received 17 comment letters, including one 
from the predecessor organization to NEI. This comment focused on the 
lack of a standby provision in the rule.
    The petitioner further states that the proposed rule included four 
major points: first, to establish a time limit of 24 months of 
inactivity, after which a licensee must submit notification to the NRC; 
second, to establish a time limit of 12 months following the 
notification of ceasing operations to submit the decommissioning plan; 
third, to provide a provision for requests to delay or postpone the 
initiation of the decommissioning process; and fourth, to establish a 
time period for completing decommissioning. Most of the comments the 
NRC received were focused on the timing of each aspect and the lack of 
residual contamination criteria. The NRC decided not to adopt the 
suggestion to extend the 24-month period of inactivity before 
notification because the commenters did not provide adequate 
substantiating rationale for selecting an alternative schedule.

The Petitioner

    The petitioner is the Nuclear Energy Institute (NEI), the 
organization that coordinates unified nuclear industry policy on 
matters affecting the nuclear energy industry. NEI's members include 
all utilities licensed to operate commercial nuclear power plants in 
the United States, nuclear plant designers, major architect/engineering 
firms, fuel fabrication facilities, materials licensees, and other 
organizations and individuals involved in the nuclear energy industry.

Supporting Statement

    The petitioner believes that NRC's overall objective was to ensure 
timely decommissioning of material licensees' facilities following 
termination of the license or inactivity of the site for a specified 
period of time. Although the final rule (July 15, 1994; 59 FR 36027) 
accomplishes this objective, the petitioner believes that it also has 
the potential to eliminate important components from the nuclear 
industry infrastructure. These components, facilities, and buildings 
may be needed in future years to support continuing operation or 
potential industry expansion. The petitioner states that it may not 
have been NRC's intent to eliminate components of this infrastructure, 
but the delay and postponement provision and the absence of an 
alternative monitoring and maintenance program essentially does just 
that.

[[Page 43194]]

    The petitioner believes that NRC's position does not reflect the 
cohesive industry of today; specifically, the market and industry have 
matured and demand has stabilized within a respectable range. The 
petitioner states that companies understand today's market and are 
willing to assume the holding costs to keep facilities in the standby 
mode. Furthermore, the petitioner states that the ability to establish 
a standby mode is functionally unavailable under the timeliness rule. 
NRC dismissed the proposed alternative standby mode extension on the 
grounds that adequate, substantial rationale for an alternative were 
not provided and that demonstrating adequate funds to maintain the site 
was unacceptable because bankruptcy, corporate takeover, or other 
unforseen changes in the company's financial status could result in 
abandonment of the site.
    The petitioner believes that the NRC's staff dismissal of the 
proposed alternative did not take into consideration related NRC 
regulations on decommissioning and transfer of ownership. The current 
series of regulations in Parts 30, 40, and 70 ensures adequate funding 
is available for decommissioning of a site. Similar regulations for the 
transfer of ownership provide the NRC with assurances that companies 
who hold the license have sufficient financial ability to use the 
radioactive material in a manner that provides benefit to the nation, 
while providing protection for the health and safety of the public.
    According to the petitioner, NRC regulations were not intended to 
give the NRC jurisdiction over the commercial aspects of the licensee's 
activities. The petitioner believes that a company that has a valid NRC 
or Agreement State license and operates within the conditions of the 
license should make the commercial decision on starting and stopping 
operations, as well as deciding when to place buildings or facilities 
in the standby mode and how long to maintain them in this mode. The 
petitioner believes that NRC regulations should not impose restrictions 
on facilities or sites that have the potential to impact commercial 
decisions.
    The petitioner has included an appendix entitled ``Supplementary 
Analyses in Support of the Petition for Rulemaking,'' which contains 
analyses of issues that the NRC must consider, including the effect of 
the proposed action on the environment and small business entities, the 
paperwork required of those affected by the change, and whether or not 
a regulatory analysis must be performed or the backfit rule applies to 
this action.
    The NRC is soliciting public comment on the petition submitted by 
NEI that requests the following changes to 10 CFR Parts 30, 40, and 70.

The Petitioner's Proposed Amendment

    The petitioner recommends the following amendments to 10 CFR Parts 
30, 40, and 70.
    1. The petitioner proposes that Sec. 30.36 be amended by 
redesignating paragraph (e) as (e)(2) and adding a new paragraph (e)(1) 
to read as follows:


Sec. 30.36  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (e) * * *
    (1) In lieu of decommissioning, the licensee may monitor and 
maintain a facility, separate building or outside storage area as 
described in paragraphs (d)(3) or (d)(4) of this section in accordance 
with an approved program, provided the proposed plan is submitted to 
the NRC within 24 months of the cessation of principle activities 
within a facility, separate building or outside storage area. The 
program includes:
    (i) Financial assurance for decommissioning;
    (ii) A description of the monitoring and maintenance plan that is 
to be implemented, which will assure that any remaining contamination 
will be contained and that worker and public safety will be assured; 
and
    (iii) Financial assurance to support the monitoring and maintenance 
program for the standby period requested.
* * * * *
    2. The petitioner proposes that Sec. 40.42 be amended by 
redesignating paragraph (e) as (e)(2) and adding a new paragraph (e)(1) 
to read as follows:


Sec. 40.42  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (e) * * *
    (1) In lieu of decommissioning, the licensee may monitor and 
maintain a facility, separate building or outside storage area as 
described in paragraph (d)(3) or (d)(4) of this section in accordance 
with an approved program, provided the proposed plan is submitted to 
the NRC within 24 months of the cessation of principle activities 
within the facility, separate building or outside storage area. The 
program includes:
    (i) Financial assurance for decommissioning;
    (ii) A description of the monitoring and maintenance plan that is 
to be implemented, which will assure that any remaining contamination 
will be contained and that worker and public safety will be assured; 
and
    (iii) Financial assurance to support the monitoring and maintenance 
program for the standby period requested.
* * * * *
    3. The petitioner proposes that Sec. 70.38 be amended by 
redesignating paragraph (e) as (e)(2) and adding a new paragraph (b)(1) 
to read as follows:


Sec. 70.38  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (e) * * *
    (1) In lieu of decommissioning, the licensee may monitor and 
maintain a facility, separate building, or outside storage area as 
described in paragraph (d)(3) or (d)(4) of this section in accordance 
with an approved program, provided the proposed plan is submitted to 
the NRC within 24 months of the cessation of principle activities 
within a facility, separate building or outside storage area. The 
program includes:
    (i) Financial assurance for decommissioning;
    (ii) A description of the monitoring and maintenance plan that is 
to be implemented, which will assure that any remaining contamination 
will be contained and that worker and public safety will be assured; 
and
    (iii) Financial assurance to support the monitoring and maintenance 
program for the standby period requested.
* * * * *

Electronic Access

    Comments may be submitted electronically in either ASCII text or 
WordPerfect format (version 5.1 or later) by calling the NRC Electronic 
Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed 
using a personal computer, a modem, and one of the commonly available 
communications software packages, or directly via Internet. Background 
documents on this rulemaking also are available for downloading and 
viewing on the bulletin board.
    If using a personal computer and modem, the NRC rulemaking 
subsystem on FedWorld can be accessed directly by dialing the toll free 
number 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). 
Using ANSI or VT-100

[[Page 43195]]

terminal emulation, the NRC rulemaking subsystem can then be accessed 
by selecting the ``Rules Menu'' option from the ``NRC Main Menu.'' 
Users will find the ``FedWorld Online User's Guides'' particularly 
helpful. Many NRC subsystems and data bases also have a ``Help/
Information Center'' option that is tailored to the particular 
subsystem.
    The NRC subsystem on FedWorld also can be accessed by a direct-dial 
telephone number for the main FedWorld BBS, 703-321-3339, or by using 
Telnet via Internet: fedworld.gov. If using 703-321-3339 to contact 
FedWorld, the NRC subsystem will be accessed from the main FedWorld 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be displayed that has an option ``U.S. Nuclear 
Regulatory Commission'' that will take the user to the NRC online main 
menu. The NRC online area also can be accessed directly by typing ``/go 
nrc'' at a FedWorld command line. If NRC is accessed from FedWorld's 
main menu, the user may return to FedWorld by selecting the ``Return to 
FedWorld'' option from the NRC online main menu. However, if NRC is 
accessed at FedWorld by using NRC's toll-free number, the user will 
have full access to all NRC systems, but the user will not have access 
to the main FedWorld system.
    If FedWorld is contacted using Telnet, the user will see the NRC 
area and menus, including the Rules Menu. Although the user will be 
able to download documents and leave messages, he or she will not be 
able to write comments or upload files (comments). If FedWorld is 
contacted using FTP, all files can be accessed and downloaded, but 
uploads are not allowed. Only a list of files will be shown, without 
descriptions (normal Gopher look). An index file listing all files 
within a subdirectory, with descriptions, is available. There is a 15-
minute time limit for FTP access.
    Although FedWorld also can be accessed through the World Wide Web, 
like FTP, that mode only provides access for downloading files and does 
not display the NRC Rules Menu.
    For more information on NRC bulletin boards, call Mr. Arthur Davis, 
Systems Integration and Development Branch, NRC, Washington, DC 20555, 
telephone 301-415-5780; e-mail AXD[email protected].

    Dated at Rockville, Maryland, this 15th day of August, 1996.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 96-21349 Filed 8-20-96; 8:45 am]
BILLING CODE 7590-01-P