[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Proposed Rules]
[Pages 16802-16803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8319]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[Docket No. PRM-50-77; NRC-2002-0020]


Bob Christie; Consideration of Petition in Rulemaking Process

AGENCY: Nuclear Regulatory Commission.

ACTION: Closure of petition for rulemaking docket.

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SUMMARY: The Nuclear Regulatory Commission (NRC) will consider the 
issues raised in a petition for rulemaking (PRM) submitted by Bob 
Christie (petitioner) in the NRC's rulemaking process. The petition was 
dated May 2, 2002, and was docketed as PRM-50-77. The petitioner 
requested that the NRC amend its regulations at 10 CFR Part 50, 
Appendix A, to eliminate the requirement for assuming a loss-of-offsite 
power (LOOP) coincident with postulated accidents. The petitioner 
believes this requirement is detrimental to safety because it results 
in fast start time requirements for emergency diesel generators (EDG) 
and because it requires operator training to focus on unrealistic 
events.

DATES: The docket for the petition for rulemaking PRM-50-77 is closed 
on April 13, 2009.

ADDRESSES: You can access publicly available documents related to this 
petition for rulemaking using the following methods:
    Federal e-Rulemaking Portal: Further NRC action on the issues 
raised by this petition will be considered in the rulemaking activity 
directed at decoupling an assumed LOOP from a coincident loss-of-
coolant accident (LOCA) as currently required by 10 CFR Part 50, 
Appendix A, Criterion 35. This rulemaking activity is entitled, 
``Decoupling of Assumed Loss of Offsite Power from Loss-of-Coolant 
Accident,'' in NUREG-0936, ``NRC Regulatory Agenda: Semiannual 
Report,'' and is designated with rulemaking identification number RIN 
3150-AH43. Information on this rulemaking activity can be monitored at 
the Federal rulemaking portal, http://www.regulations.gov, by searching 
on rulemaking docket ID NRC-2008-0602. The regulatory history regarding 
PRM-50-77, including the public comment received, can be found by 
searching on docket ID NRC-2002-0020. Address questions about NRC 
dockets to Carol Gallagher 301-415-5905; e-mail 
[email protected].
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee, publicly available documents at the NRC's PDR, Public 
File Area Room O1-F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852.
    NRC's Agencywide Document Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/NRC/reading-rm/adams.html. From this page, the public can 
gain entry into ADAMS, which provides text and image files of NRC's 
public documents. If you do not have access to ADAMS or if there are 
any problems in accessing the documents located in ADAMS, contact the 
NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail 
at [email protected].

FOR FURTHER INFORMATION CONTACT: Barry Miller, Mail Stop O-9E3, Office 
of Nuclear Reactor Regulation, United States Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone (301) 415-4117, or e-
mail [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 16803]]

The Petition

    The NRC received a petition for rulemaking (ADAMS Accession No. 
ML082530041) from Bob Christie (the petitioner) dated May 2, 2002, 
which was docketed as PRM-50-77. The petitioner requested that the NRC 
amend its regulations to eliminate the requirement for assuming a LOOP 
coincident with postulated accidents. The petitioner believes this 
requirement is detrimental to safety because it requires fast start 
times for emergency diesel generators (EDG) and because it requires 
operator training for unrealistic events. The petitioner proposed 
specific changes to several of the General Design Criteria at 10 CFR 
part 50, appendix A, which, if implemented, would accomplish the 
petition's request. These General Design Criteria include: Criterion 
17--Electric power systems; Criterion 35--Emergency core cooling; 
Criterion 38--Containment heat removal; Criterion 41--Containment 
atmosphere cleanup; and Criterion 44--Cooling water.
    On June 13, 2002, (67 FR 40622), the NRC published a notice of 
receipt for this petition in the Federal Register and requested public 
comment. The public comment period ended on August 27, 2002. One 
comment letter was received; it was in support of the petition. The 
comment letter can be found by following the instructions given in the 
ADDRESSES section of this document.

Resolution of Petition

    The NRC will consider the issues raised in PRM-50-77, along with 
the comment submitted on PRM-50-77, in the ongoing rulemaking activity 
directed at decoupling an assumed LOOP from a coincident LOCA as 
currently required by 10 CFR part 50, appendix A, Criterion 35. The NRC 
believes that the underlying technical considerations regarding a 
postulated accident coincident with a LOOP are sufficiently related to 
this ongoing rulemaking activity; therefore, the issues raised in PRM-
50-77 are being considered in the rulemaking activity.
    The NRC is continuing work to develop the technical basis for this 
rulemaking. Although the NRC will consider the issues raised in the 
petition, the petitioner's concerns may not be addressed exactly as the 
petitioner has requested. After the conclusion of the NRC's development 
of the technical basis for the rule, the NRC will determine whether to 
adopt the petitioner's requested rulemaking changes. During the 
rulemaking process, the NRC will solicit comments from the public and 
will consider all comments before issuing a final rule.
    If the ongoing work to establish the technical basis for this 
rulemaking does not support the issuance of a proposed rule, the NRC 
will issue a document in the Federal Register that addresses why the 
petitioner's requested rulemaking changes were not adopted by the NRC. 
With this action, the NRC closes the docket for PRM-50-77.

    Dated at Rockville, Maryland, this 26th day of March 2009.

    For the Nuclear Regulatory Commission.
Bruce S. Mallett,
Acting Executive Director for Operations.
[FR Doc. E9-8319 Filed 4-10-09; 8:45 am]
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