[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Pages 11683-11685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3324]


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NUCLEAR REGULATORY COMMISSION


Notice of Availability of Interim Staff Guidance Documents for 
Fuel Cycle Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability.

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FOR FURTHER INFORMATION CONTACT: James Smith, Project Manager, 
Technical Support Group, Division of Fuel Cycle Safety and Safeguards, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20005-0001. Telephone: (301) 415-
6459; fax number: ( 301) 415-5370; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 11684]]

I. Introduction

    The Nuclear Regulatory Commission (NRC) is preparing and issuing 
Interim Staff Guidance (ISG) documents for fuel cycle facilities. These 
ISG documents provide clarifying guidance to the NRC staff when 
reviewing licensee integrated safety analyses, license applications or 
amendment requests or other related licensing activities for fuel cycle 
facilities under Subpart H of 10 CFR Part 70. The NRC is making 
available in final one ISG document (FCSS-ISG-05), which was previously 
issued for comment in September 2004. Additions and changes have been 
made in response to comments from the public and members of the NRC 
staff.

II. Summary

    The purpose of this notice is to provide the public with the final 
version of an interim staff guidance (ISG) document for fuel cycle 
facilities. FCSS-ISG-05, Rev. 0 discusses the effective dates for the 
additional reporting requirements of 10 CFR 70.74 and Appendix A to 10 
CFR Part 70, and the applicability of NRC Bulletin 91-01, ``Reporting 
Loss of Criticality Safety Controls.''

III. Further Information

    Documents related to this action are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession number for 
the document related to this notice is provided in the following table. 
If you do not have access to ADAMS or if there are problems in 
accessing the document located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to [email protected].

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         Interim staff guidance                ADAMS accession No.
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FCSS Interim Staff Guidance-05, Rev. 0.  ML053630228.
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    This document may also be viewed electronically on the public 
computers located at the NRC's PDR, O 1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee. Questions on the ISG can be 
directed to James Smith, Project Manager, Technical Support Group, 
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20005-0001.
    Comments can also be submitted by telephone, fax, or e-mail which 
are as follows: Telephone: (301) 415-6459; fax number: (301) 415-5370; 
e-mail: [email protected].

    Dated at Rockville, Maryland this 27th day of February, 2006.

    For the Nuclear Regulatory Commission.
Melanie A. Galloway,
Chief, Technical Support Group, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.

Division of Fuel Cycle Safety and Safeguards; FCSS Interim Staff 
Guidance-05, Revision 0; Additional Reporting Requirements of 10 CFR 
70.74

Issue

    Effective dates for the additional reporting requirements of 10 CFR 
70.74, Appendix A to 10 CFR Part 70, and NRC Bulletin 91-01, 
``Reporting Loss of Criticality Safety Controls.''

Introduction

    The purpose of this Interim Staff Guidance (ISG) is to clarify what 
parts of Appendix A to 10 CFR Part 70 are effective as of October 18, 
2000; what parts are effective after the submittal of the Integrated 
Safety Analysis (ISA) Summary, in accordance with 10 CFR 
70.62(c)(3)(ii); and when the reporting requirements in NRC Bulletin 
91-01, currently referenced in fuel cycle licenses, are superceded by 
the requirements of 10 CFR 70.74.
    This ISG supplements information in Sections 5.4.1, 5.4.3.4.7, and 
11.4.3.6 of NUREG-1520, ``Standard Review Plan for the Review of a 
License Application for a Fuel Cycle Facility.''
    The information in NUREG-1718 is not affected by this ISG, because 
a mixed-oxide (MOX) fuel fabrication facility would be a new facility, 
and therefore (as with any other new Part 70 facilities) the complete 
submittal of an ISA Summary (i.e., an ISA Summary covering the entire 
facility) would be necessary before an operating license could be 
granted. Thus, all requirements of Appendix A to 10 CFR Part 70 would 
apply to a facility of this type and the provisions of NRC Bulletin 91-
01 would not apply.

Background on 10 CFR Part 20 and NRC Bulletin 91-01

    BL-91-01 noted that an immediate report was required by 10 CFR 
20.403(a)(1)[now 20.2202(a)(1)] if an event threatened to cause an 
exposure exceeding 25 rem total effective dose equivalent. The bulletin 
explained that the NRC considers the loss of a criticality control to 
threaten an event that may cause an exposure > 25 rem; therefore, it 
requires an immediate report under 10 CFR Part 20. Equipment-related 
controls may also require an immediate report under 10 CFR 70.50(a). In 
response to the original bulletin issued in 1991, licenses noted that 
some criticality controls are more significant than others and 
committed to reporting the loss of less significant criticality 
controls than those requiring immediate reports under 10 CFR 
20.403(a)(1) and 10 CFR 70.50(a). In addition, it was acceptable for 
licensees to report the loss of less significant criticality controls 
in accordance with the commitments made in response to the original 
bulletin.

Discussion

    After October 18, 2000, existing licensees must comply with the 
reporting requirements of (a)(1), (a)(2), and (b)(4) of Appendix A to 
Part 70. The new reporting requirements require reporting to the NRC 
Operations Center: (1) Within 1 hour, an inadvertent nuclear 
criticality, and an acute intake by an individual of 30 mg or greater 
of uranium in a soluble form; and (2) within 24 hours any natural 
phenomenon or other external event (including fires internal or 
external to the facility) to the facility that has affected or may have 
affected the intended safety function, availability, or reliability of 
one or more items relied on for safety. The remaining reporting 
requirements listed in Appendix A were held in abeyance until after the 
complete submittal of the ISA Summary, required by October 18, 2004, in 
accordance with 10 CFR 70.62(c)(3)(ii).
    ``Complete submittal'' means that an ISA summary that includes the 
entire facility and all licensed processes must have been submitted to 
NRC. Partial ISA Summary submittals under 10 CFR 70.62(c)(3)(ii) or as 
part of a license amendment do not meet this criterion.
    Many existing fuel facility licenses include reporting requirements 
in accordance with NRC Bulletin 91-01. Following complete submittal of 
the ISA Summary, these remain conditions of these licenses until NRC 
has issued a licensing action to delete these requirements. Therefore, 
between October 18, 2000, and complete submittal of the ISA Summary, 
both the requirements of Bulletin 91-01 (as committed to in the 
license) and paragraphs (a)(1), (a)(2), and (b)(4) of Appendix A of 
Part 70 apply. Following complete submittal, the NRC Bulletin

[[Page 11685]]

91-01 requirements in the license will be superceded by the 
requirements of 10 CFR 70.74 upon issuance of an NRC licensing action 
to effect this change. It should also be noted that additional 
immediate reporting requirements in 10 CFR 20.2202(a) and 10 CFR 
70.50(a) still apply.
    A new facility would require submittal of an ISA Summary prior to 
being licensed, and thus, for a new Part 70 facility, all the 
provisions of Appendix A to Part 70 apply.

Regulatory Basis

    Each licensee shall report to the NRC Operations Center the events 
described in Appendix A to Part 70. [10 CFR 70.74(a)(1)]
    Per Appendix A to Part 70, licensees must comply with the reporting 
requirements in this appendix, except for (a)(1), (a)(2), and (b)(4), 
after they have submitted an ISA Summary in accordance with 10 CFR 
70.62(c)(3)(ii). However, after October 18, 2000, licensees must comply 
with (a)(1), (a)(2), and (b)(4).
    Specific reporting requirements are contained in paragraphs (a), 
(b), and (c) of Appendix A to Part 70.

Technical Review Guidance

    The staff has concluded that a licensee complies with the reporting 
requirements of its license and 10 CFR Part 70 provided that the 
following is met:
     An existing licensee has committed to report the events 
listed under paragraphs (a)(1), (a)(2), and (b)(4), of Appendix A of 
Part 70.
     An existing licensee has committed to reporting all events 
listed under Appendix A of Part 70 upon complete submittal of its ISA 
Summary, as required under 10 CFR 70.62(c)(3)(ii).
     An existing licensee has committed to reporting the loss 
of double contingency protection, as required by its license 
commitments to follow NRC Bulletin 91-01, until such time that an NRC 
licensing action has eliminated the reference to NRC Bulletin 91-01 
requirements.
     A new applicant has committed to reporting all events 
listed under Appendix A of Part 70 upon complete submittal of its ISA 
Summary as required under 10 CFR 70.62(c)(3)(ii).

Recommendation

    Whereas the complete submittal of a licensee's ISA Summary was 
required no later than October 18, 2004 (per 10 CFR 70.62(c)(3)(ii)), 
no change to NUREG-1520 is warranted to reference NRC Bulletin 91-01. 
All the provisions of Appendix A of Part 70 will apply upon complete 
submittal of the ISA Summary. In addition, current license provisions 
requiring additional reporting will remain in effect until issuance of 
an NRC licensing action to effect this change.

References

NRC Bulletin 91-01, ``Reporting Loss of Criticality Safety 
Controls,'' October 18, 1991.
NRC Bulletin 91-01, Supplement 1, ``Reporting Loss of Criticality 
Safety Controls,'' July 27, 1993.


    Approved: February 28, 2006.

Robert C. Pierson,
Director, NMSS/FCSS.


 [FR Doc. E6-3324 Filed 3-7-06; 8:45 am]
BILLING CODE 7590-01-P