[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Notices]
[Pages 14456-14457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7641]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 70-7001 and 70-7002]
Criteria for Staff Implementation of ``Backfitting'' Requirements
for Gaseous Diffusion Plants; Notice of Availability
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of availability.
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SUMMARY: On March 3, 1997, the U.S. Nuclear Regulatory Commission
assumed regulatory jurisdiction over the Gaseous Diffusion Plants
(GDPs) from the U.S. Department of Energy. The GDPs are regulated under
10 CFR part 76 of the Commission's regulations. The NRC staff has
developed Office of Nuclear Material Safety and Safeguards (NMSS)
Policy and Procedures Letter 1-53 to implement the ``Backfitting''
provision of 10 CFR 76.76. This procedure is available for inspection
at the NRC Public Document Room and Local Public Document Rooms
discussed below.
DATES: The NMSS Policy and Procedures Letter 1-53 is effective on March
3, 1997 as an interim procedure. Comments on the interim procedure are
due on or before May 27, 1997.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. ATTN: Docketing and Service
Branch. Hand deliver comments to 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:45 am and 4:15 pm during Federal Workdays.
Copies of comments received may be examined at the NRC Public
Document Room, 2120 L Street NW. (Lower Level), Washington, DC and at
the Local Public Documents Rooms (LPDRs), under Docket No. 70-7001, at
the Paducah Public Library, 555 Washington Street, Paducah, Kentucky
42003; and under Docket No. 70-7002, at the Portsmouth Public Library,
1220 Gallia Street, Portsmouth, Ohio 45662.
Copies of NMSS Policy and Procedures Letter 1-53 may be obtained as
indicated in the Discussion portion of Supplementary Information.
FOR FURTHER INFORMATION CONTACT:
Tom Wenck, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)
415-8088.
SUPPLEMENTARY INFORMATION:
Discussion
On November 26, 1996, the Director, NMSS, issued the initial
Certificates of Compliance to the United States Enrichment Corporation,
authorizing the continuing operation of its GDPs. When the certificates
became effective on March 3, 1997, the U.S. Nuclear Regulatory
Commission (NRC) assumed regulatory jurisdiction over the GDPs from the
Department of Energy.
Section 76.76 of part 76 to Chapter I of Title 10 of the Code of
Federal Regulations (CFR) contains a provision on ``Backfitting.''
``Backfitting'' is defined in 10 CFR 76.76 to be ``* * * the
modification of, or addition to, systems, structures, or components of
a plant or to the procedures or organization required to operate a
plant; any of which may result from a new or amended provision in the
Commission rules or the imposition of a regulatory staff position
interpreting the Commission rules, that is either new or different from
a previous NRC staff position.'' The intent of 10 CFR 76.76 is to
provide a process by which to manage staff's imposition of new plant-
[[Page 14457]]
specific and/or generic regulatory staff positions on the GDPs.
Although backfits are expected to occur and are a part of the
regulatory process, it is important for sound and effective regulation
that backfits are conducted in a controlled process. The NRC staff has
developed NMSS Policy and Procedures Letter 1-53 on GDP generic and
plant-specific backfitting. Copies of this procedure can be obtained
from the Commission Public Document Room (PDR), 2120 L Street, NW.,
Washington, DC and at the Local Public Document Rooms (LPDRs), under
Docket No. 70-7001, at the Paducah Public Library, 555 Washington
Street, Paducah, Kentucky 42003; and under Docket No. 70-7002, at the
Portsmouth Public Library, 1220 Gallia Street, Portsmounth, Ohio 45662.
Appendix 1 to NMSS Policy and Procedures Letter 1-53 provides
guidance to the NRC staff on the proper NRC mechanisms (e.g.,
rulemaking) to use in establishing or communicating legal requirements
and NRC staff positions to certificatees. Appendix 4 contains guidance
to the NRC staff for making backfit determinations. Once a backfit
determination has been made, and the proposed backfit does not meet
either of the 2 exception \1\ given in 10 CFR 76.76(a)(4) (i) and (ii),
the NRC staff is required by 10 CFR 76.76(a)(3) to perform a cost/
benefit analysis to determine ``that there is a substantial increase
(emphasis added) in the overall protection of the public health and
safety or the common defense and security to be derived from the
backfit and that the direct and indirect costs of implementation for
that plant are justified in view of this increased protection.''
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\1\ These exceptions are backfits that are necessary in order to
ensure (a) that the plants provide adequate protection to the health
and safety of the public and are in accord with the common defense
and security, or (b) to bring the plants into compliance with the
certificates, rules or orders of the Commission, or into conformance
with written commitments by the Corporation.
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Appendix 3 of NMSS Policy and Procedures Letter 1-53 contains
guidance on application of the ``Substantial Increase'' Standard. This
standard provides qualitative criteria for NRC staff to make a safety/
safeguards ``net benefits'' determination of cost/benefits for the
proposed backfit where a quantitative approach is not feasible.
NMSS Policy and Procedures Letter 1-53 is the first backfit
procedure developed for facilities other than nuclear power reactor
facilities. In addition, the GDPs are existing facilities which have
operated under the Department of Energy for a number of years.
Recognizing that this procedure may be addressing new issues, the NRC
will accept public comments which focus on specific technical contents
of the procedure.
Opportunity for Comments
The GDP backfit implementing procedure will be used by the NRC
staff as an interim procedure pending completion of public review and
resolution of comments on this FR Notice. Comments will be accepted
which focus on the specific appendices discussed above. Comments in
other areas of the procedures will be considered if they are directly
related to the backfit issue. Procedures such as NMSS Policy and
Procedures Letters are used by NRC as guidance to the NRC staff on
NRC's internal management process.
Dated at Rockville, Maryland this 17th day of March 1997.
For the Nuclear Regulatory Commission.
John T. Greeves,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 97-7641 Filed 3-25-97; 8:45 am]
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