[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Notices]
[Pages 67202-67203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6119]


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NUCLEAR REGULATORY COMMISSION


Notice of Availability of Model Application Concerning 
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: Notice of Availability.

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SUMMARY: Notice is hereby given that the staff of the Nuclear 
Regulatory Commission (NRC) has prepared a model application related to 
the elimination of the license condition that requires reporting of 
violations of other requirements (typically in License Condition 2.C) 
in the operating license of some commercial nuclear power plants. The 
purpose of this model is to permit the NRC to efficiently process 
amendments that propose to delete the reporting requirement from 
operating licenses. Licensees of nuclear power reactors to which the 
model applies may request amendments using the model application.

DATES: The NRC staff issued a Federal Register notice (70 FR 51098, 
August 29, 2005) that provided a model safety evaluation (SE) and a 
model no significant hazards consideration (NSHC) determination 
relating to the elimination of the license condition that requires 
reporting of violations of other requirements (typically in License 
Condition 2.C) in operating licenses. The NRC staff hereby announces 
that the model SE and NSHC determination may be referenced in plant-
specific applications to adopt the changes. The NRC staff has posted a 
model application on the NRC Web site to assist licensees in using the 
consolidated line item improvement process (CLIIP) to delete the 
reporting requirement in operating licenses. The NRC staff can most 
efficiently consider applications based upon the model application if 
the application is submitted within a year of this Federal Register 
notice.

FOR FURTHER INFORMATION CONTACT: William Reckley, Mail Stop: O7D1, 
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 CLIIP 
includes an opportunity for the public to comment on proposed changes 
to operating licenses, including the technical specifications (TS), 
after a preliminary assessment by the NRC staff and a finding that the 
change will likely be offered for adoption by licensees. The CLIIP 
directs the NRC staff to evaluate

[[Page 67203]]

any comments received for a proposed generic change to operating 
licenses and to either reconsider the change or to proceed with 
announcing the availability of the change for proposed adoption by 
licensees. Those licensees opting to apply for the subject change to 
operating licenses are responsible for reviewing the NRC 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.
    This notice involves a change that deletes a requirement for 
licensees to report violations of other requirements (typically in 
License Condition 2.C) of a facility's operating license.

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 TS. 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.''
    To efficiently process the incoming license amendment applications, 
the NRC staff requests each licensee applying for the changes using the 
CLIIP to provide the information identified in the model application 
posted on the NRC Web site.

Public Notices

    In a notice in the Federal Register dated August 29, 2005 (70 FR 
51098), the NRC staff requested comment on the use of the CLIIP to 
process requests to delete the subject reporting requirement in 
operating licenses. In addition, there have been multiple notices 
published for plant-specific amendment requests to adopt changes 
similar to those described in this notice.
    The NRC staff's SE and model application may be examined, and/or 
copied for a fee, at the NRC's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available records are accessible electronically from 
the Agencywide Documents Access and Management System (ADAMS) Public 
Library component on the NRC Web site, (the Electronic Reading Room).
    The NRC staff received two responses following the notice published 
August 29, 2005 (70 FR 51098), soliciting comments on the model SE and 
NSHC determination related to the elimination of the reporting 
requirement in operating licenses. The responses were from the Nuclear 
Energy Institute (NEI) in a letter dated September 28, 2005, and South 
Carolina Electric and Gas (SCE&G) in a letter dated September 26, 2005. 
Both letters supported the generic approach proposed in the notice and 
did not offer changes to the model SE or NSHC determination. The NRC 
staff finds that the previously published models remain appropriate 
references and has chosen not to republish the model SE and model NSHC 
determination in this notice. As described in the model application 
prepared by the NRC staff, licensees may reference in their plant-
specific applications to delete the reporting requirement, the SE, NSHC 
determination, and environmental assessment previously published in the 
Federal Register (70 FR 51098; August 29, 2005).

    Dated at Rockville, Maryland, this 25th day of October 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. E5-6119 Filed 11-3-05; 8:45 am]
BILLING CODE 7590-01-P