[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Proposed Rules]
[Pages 39447-39448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18722]



[[Page 39447]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50


Reporting Requirements for Nuclear Power Reactors; Meeting

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of public meeting.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is announcing a public 
meeting to discuss a proposed rule that would modify power reactor 
reporting requirements.

DATES: Tuesday, August 3, 1999 and Wednesday, August 4, 1999.

ADDRESSES: The public meeting will be held in the auditorium of NRC's 
headquarters at Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Dennis P. Allison, Office of Nuclear 
Reactor Regulation, Washington DC 20555-0001, telephone (301) 415-1178, 
e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 1999 (64 FR 36291) the NRC published in the Federal 
Register a proposed rule that would modify reporting requirements for 
nuclear power reactors contained in 10 CFR 50.72, ``Immediate 
notification requirements for operating nuclear power reactors,'' and 
10 CFR 50.73, ``Licensee event report system.'' In addition, that 
Federal Register notice indicated that a draft report, NUREG-1022, 
Revision 2, ``Event Reporting Guidelines, 10 CFR 50.72 and 50.73,'' is 
being made available for public comment concurrently with the proposed 
amendments to 10 CFR 50.72 and 50.73. Furthermore, it indicated that a 
draft regulatory analysis on the proposed rule is being made available 
for public comment concurrently with the proposed rule.
    The proposed rule, the draft event reporting guidelines, and the 
draft regulatory analysis may be viewed and downloaded electronically 
via the interactive rulemaking web site established by NRC for this 
rulemaking. The interactive rulemaking site may be accessed from the 
NRC home page (http://www.nrc.gov) as follows. Select ``Rulemaking'' 
from the tool bar at the bottom of the home page. Then select 
``Rulemaking Forum'' near the top of the rulemaking page. (For further 
information about the interactive rulemaking website, contact Ms. Carol 
Gallagher, (301) 415-5905; e-mail [email protected].)
    In addition, these documents are available for inspection in the 
NRC Public Document Room, 2120 L Street, NW, (Lower Level), Washington, 
DC. Single copies may be obtained from the contact listed above under 
the heading FOR FURTHER INFORMATION CONTACT.

Purpose

    The purpose of the meeting is to discuss the proposed amendments to 
10 CFR 50.72 and 50.73, including the draft event reporting guidelines 
and the draft regulatory analysis.

Participation

    To facilitate orderly conduct of the meeting, members of the public 
who wish to speak should contact the cognizant NRC staff member listed 
above under the heading ``For Further Information Contact'' to register 
in advance of the meeting. Indicate as specifically as possible the 
topic(s) of your comment(s) and the length of time you wish to speak. 
Provide your name and a telephone number where you can be contacted, if 
necessary, before the meeting. Registration to speak will also be 
available at the meeting on a first come basis to the extent that time 
is available.

Agenda for August 3, 1999

9:00 a.m.-9:30 a.m.
    Introductory Remarks
9:30 a.m.-11:00 a.m.
    Discussion of Proposed Amendments by the NRC Staff
11:00 a.m.-12:30 p.m.
    Public Comments and Statements
12:30 p.m.-1:30 p.m.
    Lunch Break
1:30 p.m.-4:45 p.m.
    Public Comments and Statements (Continued)
4:45 p.m.-5:00 p.m.
    Concluding Remarks

    It is expected that public comments and statements can be concluded 
on the first day. However, if that is not the case, the meeting will be 
continued into a second day. If so, the agenda for the second day will 
be as follows.

Agenda for August 4, 1999

9:00 a.m.-9:15 a.m.
    Introductory Remarks
9:15 a.m.-12:15 p.m.
    Public Comments and Statements (Continued)
12:15 p.m.-12:30 p.m.
    Concluding remarks

Input Solicited

    Questions and comments on any aspect of the proposed rule are 
solicited. In addition, as discussed in the proposed rule, the NRC 
specifically solicits input the following areas:
    (1) In the interest of simplicity, the proposed amendments would 
maintain just three basic levels of required reporting times in 10 CFR 
50.72 and 50.73 (1 hour, 8 hours, and 60 days). However, public comment 
is specifically invited on the question of whether additional levels 
should be introduced to better correspond or particular types of 
events. For example, 10 CFR 50.72 currently requires reporting within 4 
hours for events that involve low levels of radioactive releases, and 
events related to safety or environmental protection that involve a 
press release or notification of another government agency. These types 
of events could be maintained at 4 hours so that information is 
available on a more timely basis to respond to heightened public 
concern about such events. In another example, events related to 
environmental protection are sometimes reportable to another agency, 
which is the lead agency for the matter, with a different time limit, 
such as 12 hours. These types of events could be reported to the NRC at 
approximately the same time as they are reported to the other agency.
    (2) In the proposed amendments the term ``any engineered safety 
feature (ESF), including the reactor protection system (RPS),'' which 
currently defines the systems for which actuation must be reported in 
Sec. 50.72(b)(2)(iv) and Sec. 50.73(a)(2)(iv), would be replaced by a 
specific list of systems. This proposal to list the systems in the rule 
is controversial and public comment is specifically invited in this 
area. In particular, three principal alternatives to the proposed rule 
have been identified for comment:
    (a) Maintain the status quo. Under this alternative, the rule would 
continue to require reporting for actuation of ``any ESF.'' The event 
reporting guidelines in NUREG-1022 would continue to indicate that 
reporting should include, as a minimum, the systems on a specific list.
    (b) Require use of a plant-specific, risk-informed list. Under this 
alternative, the list of systems would be risk-informed, and plant-
specific. Licensees would develop the list based on existing 
probabilistic risk assessments, judgment, and specific plant design. No 
specific list would be provided in the rule.
    (c) Return to the pre-1998 situation (i.e., before publication of 
the event reporting guidelines in NUREG-1022, Revision 1). Under this 
alternative, the rule would continue to require reporting

[[Page 39448]]

for actuation of ``any ESF.'' The event reporting guidelines would, 
once again, indicate that reporting should include those systems 
identified as ESF's for each particular plant (e.g., in the Final 
Safety Analysis Report).
    (3) The NRC is developing revisions to the process for oversight of 
operating reactors, including inspection, assessment and enforcement 
processes. In connection with this effort, the NRC has considered the 
kinds of event reports that would be eliminated by the proposed rules 
and believes that the changes would not have a deleterious effect on 
the oversight process. Public comment is invited on whether or not this 
is the case. In particular, it is requested that if any examples to the 
contrary are known they be identified.
    (4) The proposed amendments would add provisions to sections 
50.73(a)(2)(i)(B) and 50.73(a)(2)(v) to eliminate reporting of a 
condition or event that did not occur within three years of the date of 
discovery. Public comment is invited on whether such historical events 
and conditions should be reported (rather than being excluded from 
reporting, as proposed). Public comment is also invited on whether the 
three year exclusion of such historical events and conditions should be 
extended to all written reports required by section 50.73(a) (rather 
than being limited to these two specific reporting criteria, as 
proposed).
    (5) The proposed amendments would add a new reporting criterion to 
require reporting if a component is in a degraded or non-conforming 
condition such that: (a) The ability of the component to perform its 
specified safety function is significantly degraded; and (b) the 
condition could reasonably be expected to apply to other similar 
components in the plant. Public comment is invited on whether this 
proposed new criterion would accomplish its stated purpose--to ensure 
that design basis or other discrepancies would continue to be reported 
if the capability to perform a specified safety function is 
significantly degraded and the condition has generic implications. 
Public comment is also invited on whether the proposed new criterion 
would be subject to varying interpretations by licensees and 
inspectors.
    (6) Many States (Agreement States and Non-Agreement States) have 
agreements with power reactors to inform the States of plant issues. 
State reporting requirements are frequently triggered by NRC reporting 
requirements. Accordingly, the NRC seeks State comment on issues 
related to the proposed amendments to power reactor reporting 
requirements.
    (7) The President's Memorandum dated June 1, 1998, entitled, 
``Plain Language in Government Writing,'' directed that the Federal 
government's writing be in plain language. The NRC requests comments on 
this proposed rule specifically with respect to the clarity and 
effectiveness of the language used.
    (8) The Commission has prepared a draft regulatory analysis on this 
proposed rule. The analysis examines the costs and benefits of the 
alternatives considered by the Commission. It is available as discussed 
above under the heading ``Background.'' The Commission requests public 
comment on this draft analysis.

    Dated at Rockville, Maryland, this 16th day of July, 1999.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Chief, Generic Issues, Environmental, Financial and Rulemaking Branch, 
Division of Regulatory Improvement Programs, Office of Nuclear Reactor 
Regulation.
[FR Doc. 99-18722 Filed 7-21-99; 8:45 am]
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