[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51098-51100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4710]


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NUCLEAR REGULATORY COMMISSION


Notice of Opportunity To Comment on Model Safety Evaluation on 
Elimination of Typical License Condition Requiring Reporting of 
Violations of Section 2.C of Operating License Using the Consolidated 
Line Item Improvement Process

AGENCY: Nuclear Regulatory Commission.

ACTION: Request for comment.

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SUMMARY: Notice is hereby given that the staff of the Nuclear 
Regulatory Commission (NRC) has prepared a model safety evaluation (SE) 
relating to the elimination of the license condition involving 
reporting of violations of other requirements (typically in License 
Condition 2.C) in the operating license of some commercial nuclear 
power plants. The NRC staff has also prepared a model no significant 
hazards consideration (NSHC) determination relating to this matter. The 
purpose of these models is to permit the NRC to efficiently process 
amendments that propose to delete the reporting requirement. Licensees 
of nuclear power reactors to which the models apply could then request 
amendments, confirming the applicability of the SE and NSHC 
determination to its reactors. The NRC staff is requesting comment on 
the model SE and model NSHC determination prior to announcing their 
availability for referencing in license amendment applications.

DATES: The comment period expires 30 days from date of publication in 
the Federal Register. Comments received after this date will be 
considered if it is practical to do so, but the Commission is able to 
ensure consideration only for comments received on or before this date.

[[Page 51099]]


ADDRESSES: Comments may be submitted either electronically or via U.S. 
mail.
    Submit written comments to: Chief, Rules and Directives Branch, 
Division of Administrative Services, Office of Administration, Mail 
Stop T-6-D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
    Hand deliver comments to 11545 Rockville Pike, Rockville, Maryland, 
between 7:45 a.m. and 4:15 p.m. on Federal workdays.
    Copies of comments received may be examined at the NRC's Public 
Document Room, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland.
    Comments may be submitted by electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: William Reckley, Mail Stop: O-7D1, 
Division of Licensing Project Management, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone 301-415-1323.

SUPPLEMENTARY INFORMATION:

Background

    Regulatory Issue Summary 2000-06, ``Consolidated Line Item 
Improvement Process for Adopting Standard Technical Specification 
Changes for Power Reactors,'' was issued on March 20, 2000. The 
consolidated line item improvement process (CLIIP) is intended to 
improve the efficiency of NRC licensing processes. The CLIIP includes 
an opportunity for the public to comment on a proposed change to 
operating licenses, including the Technical Specifications, after a 
preliminary assessment by the NRC staff and a finding that the change 
will likely be offered for adoption by licensees. This notice solicits 
comment on a proposed change that deletes a requirement for licensees 
to report violations of other requirements (typically in License 
Condition 2.C) of its facility's operating license. The CLIIP directs 
the NRC staff to evaluate any comments received for a proposed change 
and to either reconsider the change or announce the availability of the 
change for adoption by licensees. Licensees opting to apply for this 
proposed license amendment change are responsible for reviewing the 
staff's evaluation, referencing the applicable technical 
justifications, and providing any necessary plant-specific information. 
Each amendment application made in response to the notice of 
availability will be processed and noticed in accordance with 
applicable rules and NRC procedures.

Applicability

    This proposal to eliminate the reporting of violations of specific 
requirements (typically in License Condition 2.C) of facility operating 
licenses is applicable to any licensee that has such a provision in its 
facility operating license. The NRC staff notes that many operating 
licenses do not contain the requirement because it was never added or 
was removed by a license amendment before issuance of this notice. The 
CLIIP also addresses similar requirements if they exist in the 
Administrative Section of Technical Specifications. The CLIIP does not 
address reporting requirements contained in operating licenses other 
than those specifically involving reports of violations of other 
requirements (typically in License Condition 2.C) of the facility 
operating license or requirements that restate the need to submit 
reports in accordance with 10 CFR 50.72, ``Immediate notification 
requirements for operating nuclear power reactors,'' and 10 CFR 50.73, 
``Licensee event report system.''

Public Notices

    This notice requests comments from interested members of the public 
within 30 days of the date of publication in the Federal Register. 
After evaluating the comments received as a result of this notice, the 
NRC staff will either reconsider the proposed change or announce the 
availability of the change in a subsequent notice (perhaps with some 
changes to the safety evaluation or the proposed NSHC determination as 
a result of public comments). If the NRC staff announces the 
availability of the change, licensees wishing to adopt the change must 
submit an application in accordance with applicable rules and other 
regulatory requirements. For each application, the NRC staff will 
publish a notice of consideration of issuance of amendment to facility 
operating licenses, a proposed NSHC determination, and a notice of 
opportunity for a hearing. The NRC staff will also publish a notice of 
issuance of an amendment for each plant that receives the requested 
change.

Proposed Model Safety Evaluation

U.S. Nuclear Regulatory Commission, Office of Nuclear Reactor 
Regulation, Consolidated Line Item Improvement, Elimination of License 
Condition Requiring Reports of Violations of License Condition [2.C] in 
Facility Operating License

1.0 Introduction

    By application dated [ ], [LICENSEE] (the licensee), requested an 
amendment to the Facility Operating License for [PLANT]. The proposed 
amendment would delete Section 2[X] of the Facility Operating License, 
which requires reporting of violations of the requirements in Section 
2[C] of the Facility Operating License.

2.0 Regulatory Evaluation

    A section or condition was included in the facility operating 
licenses issued to some nuclear power plants requiring the licensee to 
make reports to the Nuclear Regulatory Commission (NRC) regarding 
violations of other sections of the operating license (typically 
Section 2.C). A typical license condition reads as follows:
    Except as otherwise provided in this license and its appendices, 
the Licensee shall report any violations of the requirements contained 
in Section 2.C of this license in the following manner: initial 
notification shall be made within 24 hours to the NRC Operations Center 
via the Emergency Notification System with written followup within 
thirty days in accordance with the procedures described in 10 CFR 50.73 
(Licensee event report system).
    In addition to the information provided to support licensing 
decisions, the NRC obtains information about plant operation, licensee 
programs, and other matters using a combination of inspections and 
reporting requirements. Routine or scheduled reports that are required 
to be submitted to the NRC are defined in the related regulations, 
specific license condition, technical specification, or an NRC-approved 
program document. The reporting of emergencies, unplanned events or 
conditions, and other special cases may also be addressed within such 
documents by the inclusion of reporting thresholds and are also the 
focus of the reporting requirements in 10 CFR 50.72, ``Immediate 
notification requirements for operating nuclear power reactors,'' and 
10 CFR 50.73, ``Licensee event report system.'' Changes to the 
reporting regulations in 10 CFR 50.72 and 50.73 became effective in 
January 2001 (see Federal Register notice on October 25, 2000 (65 FR 
63769) and included

[[Page 51100]]

extending the allowable reporting times for licensee event reports 
(LERs) from 30 days to 60 days.

[Optional: The Administrative Section of the Technical 
Specifications (TS) for [PLANT] also includes a reporting 
requirement that duplicates the requirements in 10 CFR 50.72 and 10 
CFR 50.73, but which does not reflect subsequent changes in those 
regulations such as requiring LERs within 60 days instead of 30 
days.]

3.0 Technical Evaluation

    Section 2.[X] of the Facility Operating License requires the 
licensee to report any violations of the requirements of Section 2[C] 
of the Facility Operating License and defines the method and allowable 
time periods for such reports. The reporting threshold (i.e., a 
violation) for some of the conditions included in Section 2.[C] of the 
Facility Operating License duplicates those defined in 10 CFR 50.72 and 
10 CFR 50.73. However, the requirements in the Facility Operating 
License may have different deadlines than those defined in the 
regulations (following a rule change in 2001). This difference in 
reporting requirements has led to variations in reporting since many 
facility operating licenses do not contain the subject condition. For 
those licensees with a 30-day reporting requirement in the Facility 
Operating License, the condition has decreased the benefits of the 
rulemaking. For those cases where the current Facility Operating 
License requirement to report violations is also reportable in 
accordance with the regulations defined in 10 CFR 50.72 and 10 CFR 
50.73, the NRC staff finds that the regulations adequately address this 
issue and the elimination of the duplicative requirement in the 
Facility Operating License is acceptable.
    Some of the conditions addressed in Section 2.[C] of the Facility 
Operating License may address the maintenance of particular programs, 
administrative requirements, or other matters where a violation of the 
requirement would not result in a report to the NRC in accordance with 
10 CFR 50.72 or 10 CFR 50.73. In most cases, there are requirements for 
reports to the NRC related to these conditions in other regulations, 
the specific license condition or technical specification, or an NRC-
approved program document. In other cases, there are reports to other 
agencies or news releases that would prompt a report to the NRC (in 
accordance with 10 CFR 50.72(b)(2)(xi)). The NRC staff also assessed 
violations of administrative requirements that could be reportable 
under the current License Condition but that may not have a dupicative 
requirement in a regulation or other regulatory requirement. The NRC 
staff finds that the requirements to report such problems within 24 
hours with written reports to follow using the LER process is not 
needed. The NRC staff is confident that the information related to such 
violations that is actually important to the NRC's regulatory functions 
would come to light in a time frame comparable to the 60-day LER 
requirements. The information would become available to the appropriate 
NRC staff through the inspection program, updates to program documents, 
resultant licensing actions, public announcements, or some other 
reliable mechanism.
    The NRC staff finds that the elimination of Section 2.[X] of the 
Facility Operating License will not result in a loss of information to 
the NRC that would adversely affect either its goal to protect public 
health and safety or its ability to carry out its various other 
regulatory responsibilities.

[Optional: The reporting requirement defined in TS [5.x.x] for 
[PLANT] requires a report to the NRC when [REPORT REQUIREMENT]. This 
requirement duplicates the requirements in 10 CFR 50.72 and 10 CFR 
50.73, but does not reflect subsequent changes in those regulations 
such as requiring LERs within 60 days instead of 30 days. The NRC 
staff finds the elimination of the TS requirement acceptable since 
the required reports are defined in an established NRC regulation 
that is also applicable to this licensee.]

4.0 State Consultation

    In accordance with the Commission's regulations, the [ ] State 
official was notified of the proposed issuance of the amendment. The 
State official had no comments.

5.0 Environmental Consideration

    The amendment changes recordkeeping, reporting, or administrative 
procedures or requirements. Accordingly, the amendment meets the 
eligibility criteria for categorical exclusion set forth in 10 CFR 
51.22(c)(10). Pursuant to 10 CFR 51.22(b), no environmental impact 
statement or environmental assessment need be prepared in connection 
with the issuance of the amendment.

6.0 Conclusion

    The Commission has concluded, based on the considerations discussed 
above, that (1) there is reasonable assurance that the health and 
safety of the public will not be endangered by operation in the 
proposed manner, (2) such activities will be conducted in compliance 
with the Commission's regulations, and (3) the issuance of the 
amendment will not be inimical to the common defense and security or to 
the health and safety of the public.

Proposed No Significant Hazards Consideration Determination

    Description of Amendment Request: The proposed amendment would 
delete Section 2.[X] of the Facility Operating License, which requires 
reporting of violations of the requirements in Section 2.[C] of the 
Facility Operating License. [The proposed amendment would also delete a 
reporting requirement in Technical Specifications that is duplicative 
of NRC regulations.]
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), an analysis of the issue 
of no significant hazards consideration is presented below:

    1. Does the change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change involves the deletion of a reporting 
requirement. The change does not affect plant equipment or operating 
practices and therefore does not significantly increase the 
probability or consequences of an accident previously evaluated.
    2. Does the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change is administrative in that it deletes a 
reporting requirement. The change does not add new plant equipment, 
change existing plant equipment, or affect the operating practices 
of the facility. Therefore, the change does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change deletes a reporting requirement. The change 
does not affect plant equipment or operating practices and therefore 
does not involve a significant reduction in a margin of safety.

    Based on the above, the NRC staff proposes that the change presents 
no significant hazards consideration under the standards set forth in 
10 CFR 50.92(c).

    Dated at Rockville, Maryland, this 22nd of August, 2005.

    For the Nuclear Regulatory Commission.
William D. Reckley,
Senior Project Manager, Section 1, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4710 Filed 8-26-05; 8:45 am]
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