[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Proposed Rules]
[Pages 47853-47854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18918]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / 
Proposed Rules  

[[Page 47853]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50


Clarified Requirements When Licensees Depart From a License 
Condition or Technical Specification in an Emergency; Proposed Generic 
Communication

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of opportunity for public comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
issue a regulatory issue summary (RIS) to clarify the requirements of 
Title 10 of the Code of Federal Regulations (10 CFR) 50.54(y) when 
licensees implement 10 CFR 50.54(x) to depart from a license condition 
or technical specification in an emergency.
    This Federal Register notice is available through the NRC's 
Agencywide Documents Access and Management System (ADAMS) under 
accession number ML082120745.

DATES: Comment period expires October 14, 2008. Comments submitted 
after this date will be considered if it is practical to do so, but 
assurance of consideration cannot be given except for comments received 
on or before this date.

ADDRESSES:  Submit written comments to the Chief, Rulemaking, 
Directives and Editing Branch, Division of Administrative Services, 
Office of Administration, U.S. Nuclear Regulatory Commission, Mail Stop 
T6-D59, Washington, DC 20555-0001, and cite the publication date and 
page number of this Federal Register notice. Written comments may also 
be delivered to NRC Headquarters, 11545 Rockville Pike (Room T-6D59), 
Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal 
workdays.

FOR FURTHER INFORMATION CONTACT: Jeff Laughlin at 301-415-1113 or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

NRC Regulatory Issue Summary 2008-XX; Clarified Requirements of Title 
10 of the Code of Federal Regulations (10 CFR) Section 50.54(y) When 
Implementing 10 CFR Section 50.54(x) To Depart From a License Condition 
or Technical Specification

Addressees

    All holders of operating licenses for nuclear power reactors, 
except those who have permanently ceased operations and have certified 
that fuel has been permanently removed from the reactor vessel.

Intent

    The U.S. Nuclear Regulatory Commission (NRC) is issuing this 
regulatory issue summary (RIS) to clarify the requirements of Title 10 
of the Code of Federal Regulations (10 CFR) Section 50.54(y) when 
licensees implement 10 CFR Section 50.54(x) to depart from a license 
condition or technical specification in an emergency. This RIS requires 
no action or written response on the part of the addressees.

Background

    Section 50.54(y) states, ``Licensee actions permitted by paragraph 
(x) of this section shall be approved, as a minimum, by a licensed 
senior operator * * *'' This describes the lowest ranking individual 
authorized to approve the departure from a license condition or 
technical specification. An individual other than a licensed senior 
operator could make such a decision, as long as the person is in a 
position of authority greater than the licensed senior operator. The 
Statements of Consideration (SOC) that accompanied the final rule for 
``10 CFR Part 50, Applicability of License; Conditions and Technical 
Specifications in an Emergency,'' in 48 FR 13966, April 1, 1983, stated 
that the decision to depart from the license could be made by any 
licensed senior operator for the unit involved. However, in an 
emergency, that decision would pass to more senior licensee personnel, 
if available, as higher authorities in the chain of command. That 
position was reiterated by Mr. John A. Zwolinski, Director, BWR Project 
Directorate 1, to Consumers Power Company in a November 5, 
1986 letter with the subject, ``Consumers Power Company (CPC) Request 
for Interpretation of 10 CFR 50.54(y).'' In 2004, the staff approved 
Nuclear Energy Institute (NEI) 03-12, ``Template for the Security Plan, 
Training and Qualification Plan, Safeguards Contingency Plan,'' which 
licensees used as a template for making security plan changes. Some 
industry personnel questioned whether this document was contrary to the 
staff's earlier position, in that the template required the highest 
ranking licensee official (e.g., Emergency Director (ED)) to receive 
approval from a licensed senior operator to depart from the license.

Discussion

    Section 50.54(y) of 10 CFR does not require that the decision to 
depart from the license or technical specifications be made only by a 
licensed senior operator or that the individual making the decision 
possess a senior operator's license. Rather, such a decision could be 
made either by any licensed senior operator or any individual in a 
superior position to a licensed senior operator. As stated in the SOC, 
if ``more senior licensee personnel'' are available, ``the decision to 
depart from the license in an emergency would pass to them (as higher 
authorities in the chain of command).'' There is nothing in the rule to 
indicate that the ``more senior licensee personnel'' are also required 
to be licensed senior operators. In addition, there is nothing in the 
rule that would require the ``more senior licensee personnel'' to 
obtain the concurrence of a licensed senior operator to make such a 
decision, and the SOC does not contain any discussion suggesting such 
Commission intent.
    With respect to the language in the NEI template, which states that 
the departure decision would be made by the ED, with approval, at a 
minimum, from a licensed senior reactor operator, the NRC notes that 
the NEI template is not an NRC interpretation of its regulations. This 
template, once approved, described one way to comply with NRC 
requirements. A licensee is free to utilize other approaches which 
comply with the requirements of the regulation as interpreted and 
applied by the NRC. Also, the fact that the NRC has approved a document 
that seems to employ more stringent measures (e.g., both the ED and 
senior reactor operator must concur on the departure) does not mean 
that less stringent measures would

[[Page 47854]]

be insufficient in order to comply with the regulations. Each 
individual licensee is free to determine whether or not it wants to 
employ such a concurrence process.

Summary of Issue

    The decision to depart from the license or a technical 
specification in an emergency shall be approved, as a minimum, by a 
licensed senior operator. If more senior licensee personnel are 
available, the decision to depart from the license in an emergency 
would pass to them as higher authorities in the chain of command. The 
rule does not specify that the senior licensee personnel be licensed 
senior operators or that they obtain the concurrence of a licensed 
senior operator to make such a decision.

Backfit Discussion

    This RIS does not represent a new or different staff position 
regarding the implementation of 10 CFR 50.54(x) and is consistent with 
the SOC for 10 CFR 50.54(x) and (y), and the staff guidance in the 
November, 1986 Zwolinski letter. It requires no action or written 
response. Any action by addressees to implement changes to their 
security or emergency plans, or procedures in accordance with the 
guidance in this RIS is strictly voluntary and, therefore, is not a 
backfit under 10 CFR 50.109, ``Backfitting.'' Consequently, the NRC 
staff did not perform a backfit analysis.

Federal Register Notification

    To be done after the public comments period.

Congressional Review Act

    This RIS is not a rule as designated by the Congressional Review 
Act (5 U.S.C. 801-886) and, therefore, is not subject to the Act.

Paperwork Reduction Act Statement

    This RIS does not contain any information collections and, 
therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Contact

    Please direct any questions about this matter to Jeff Laughlin at 
301-415-1113 or by e-mail at [email protected].

End of Draft Regulatory Issue Summary

    Documents may be examined, and/or copied for a fee, at the NRC's 
Public Document Room at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available records will be 
accessible electronically from the Agencywide Documents Access and 
Management System (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html. 
If you do not have access to ADAMS or if you have problems in accessing 
the documents in ADAMS, contact the NRC Public Document Room (PDR) 
reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to 
[email protected].

    Dated at Rockville, Maryland, this 7th day of August 2008.

    For the Nuclear Regulatory Commission.

Martin C. Murphy,
Chief, Generic Communications Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. E8-18918 Filed 8-14-08; 8:45 am]
BILLING CODE 7590-01-P