[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Pages 31317-31318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15280]




Draft Regulatory Guide: Issuance, Availability

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Issuance and Availability of Draft Regulatory Guide, 


FOR FURTHER INFORMATION CONTACT: Aaron Szabo, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone: (301) 415-1985 or e-
mail to [email protected].


I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is issuing for public 
comment a draft guide in the agency's ``Regulatory Guide'' series. This 
series was developed to describe and make available to the public such 
information as methods that are acceptable to the NRC staff for 
implementing specific parts of the NRC's regulations, techniques that 
the staff uses in evaluating specific problems or postulated accidents, 
and data that the staff needs in its review of applications for permits 
and licenses.
    The draft regulatory guide (DG), entitled, ``Assuring the 
Availability of Funds for Decommissioning Nuclear Reactors,'' is 
temporarily identified by its task number, DG-1229, which should be 
mentioned in all related correspondence. DG-1229 is proposed Revision 2 
of Regulatory Guide 1.159, dated October 2003.
    The general requirements for applications for license termination 
and decommissioning nuclear power, research, and test reactors appear 
in Title 10, Part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' of the Code of Federal Regulations (10 CFR 
Part 50). Subsequent to the original publication of this regulatory 
guide in August 1990, the NRC promulgated amendments to 10 CFR Part 50 
in the Federal Register on September 22, 1998 (63 FR 50465). Various 
amendments modified 10 CFR 50.33(k), 10 CFR 50.75, ``Reporting and 
Recordkeeping for Decommissioning Planning,'' and 10 CFR 50.82(b), 
which require operating license applicants and existing licensees to 
submit information on how reasonable assurance will be provided that 
funds are available to decommission the facility. The NRC promulgated 
additional amendments to 10 CFR 50.75 on December 24, 2002, in the 
Federal Register (67 FR 78332). As amended, 10 CFR 50.75 establishes 
requirements for indicating how this assurance will be provided; 
namely, the amount of funds that must be provided, including updates; 
the methods to be used for assuring funds; and provisions contained in 
trust agreements for safeguarding decommissioning funds. This document 
provides guidance to applicants and licensees of nuclear power, 
research, and test reactors concerning methods acceptable to the staff 
of the NRC for complying with requirements in the rules regarding the 
amount of funds for decommissioning. It also provides guidance on the 
content and form of the financial assurance mechanisms in those rule 

II. Further Information

    The NRC staff is soliciting comments on DG-1229. Comments may be 
accompanied by relevant information or supporting data and should 
mention DG-1229 in the subject line. Comments submitted in writing or 
in electronic form will be made available to the public in their 
entirety through the NRC's Agencywide Documents Access and Management 
System (ADAMS).
    Personal information will not be removed from your comments. You 
may submit comments by any of the following methods:
    1. Mail comments to: Rulemaking and Directives Branch, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
    2. Federal e-Rulemaking Portal: Go to http://www.regulations.gov 
and search for documents filed under Docket ID NRC-2009-0263. Address 
questions about NRC dockets to Carol Gallagher, 301-492-3668; e-mail 
[email protected].
    3. Fax comments to: Rulemaking and Directives Branch, Office of

[[Page 31318]]

Administration, U.S. Nuclear Regulatory Commission at (301) 492-3446.
    Requests for technical information about DG-1229 may be directed to 
the NRC contact, Aaron Szabo at (301) 415-1985 or e-mail to 
[email protected].
    Comments would be most helpful if received by September 9, 2009. 
Comments received after that date will be considered if it is practical 
to do so, but the NRC is able to ensure consideration only for comments 
received on or before this date. Although a time limit is given, 
comments and suggestions in connection with items for inclusion in 
guides currently being developed or improvements in all published 
guides are encouraged at any time.
    Electronic copies of DG-1229 are available through the NRC's public 
Web site under Draft Regulatory Guides in the ``Regulatory Guides'' 
collection of the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/doc-collections/. Electronic copies are also available in 
ADAMS (http://www.nrc.gov/reading-rm/adams.html), under Accession No. 
    In addition, regulatory guides are available for inspection at the 
NRC's Public Document Room (PDR) located at 11555 Rockville Pike, 
Rockville, Maryland. The PDR's mailing address is USNRC PDR, 
Washington, DC 20555-0001. The PDR can also be reached by telephone at 
(301) 415-4737 or (800) 397-4205, by fax at (301) 415-3548, and by e-
mail to [email protected].
    Regulatory guides are not copyrighted, and Commission approval is 
not required to reproduce them.

    Dated at Rockville, Maryland, this 19th day of June, 2009.

    For the Nuclear Regulatory Commission.
Mark P. Orr,
Acting Chief, Regulatory Guide Development Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. E9-15280 Filed 6-29-09; 8:45 am]