[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Proposed Rules]
[Pages 16678-16679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06432]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 86, No. 60 / Wednesday, March 31, 2021 /
Proposed Rules
[[Page 16678]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[Docket No. PRM-50-118; NRC-2019-0071]
Measurement Standards Used at U.S. Nuclear Power Plants
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; denial.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is denying a
petition for rulemaking, submitted by Mr. Michael Taylor (the
petitioner), dated December 3, 2018. The petition was docketed by the
NRC on March 4, 2019, and was assigned Docket No. PRM-50-118. The
petitioner requested that the NRC amend its regulations regarding the
measurement standards used at U.S. nuclear power plants. The NRC is
denying the petition because the NRC's current regulations and
oversight activities provide reasonable assurance of adequate
protection of public health and safety.
DATES: The docket for PRM-50-118 is closed on March 31, 2021.
ADDRESSES: Please refer to Docket ID NRC-2019-0071 when contacting the
NRC about the availability of information for this action. You may
obtain publicly-available information related to this action by any of
the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0071. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced in this document (if that document is available in
ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
Attention: The Public Document Room (PDR), where you may
examine and order copies of public documents, is currently closed. You
may submit your request to the PDR via email at [email protected] or
call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Solomon Sahle, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-3781, email:
[email protected], or Greg Galletti, Office of Nuclear Reactor
Regulation, telephone: 301-415-1831, email: [email protected]. Both
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
I. The Petition
Section 2.802 of title 10 of the Code of Federal Regulations (10
CFR), ``Petition for rulemaking--requirements for filing,'' provides an
opportunity for any interested person to petition the Commission to
issue, amend, or rescind any regulation. On December 3, 2018, the NRC
received a petition for rulemaking (PRM) from Mr. Michael Taylor, as
amended on July 22, 2019 (ADAMS Accession Nos. ML19074A303 and
ML19199A014, respectively). The petitioner requested that the NRC amend
its regulations to require that all metrology and calibration
laboratories at nuclear power plants become certified by accrediting
organizations that require the use of certain measurement standards.
The petitioner also requested that the NRC require training of all
personnel and their management that make measurements at nuclear power
plants, to ensure a clear understanding of the effects of measurement
standards.
The petitioner is concerned that U.S. nuclear power plants are not
required to use or have internal metrology or calibration laboratories
that are certified under an accrediting organization such as the
American Association for Laboratory Accreditation, National Voluntary
Laboratory Accreditation Program, or similar accrediting body, as a
part of normal and required operations. The petitioner states that,
because of this lack of accreditation, certain important factors are
not currently considered in measurements conducted at nuclear power
plants, including the ratio of measurement standards to units under
test. The petitioner contends that this leads to an unresolved safety
issue for Quality (safety-related) measurements in particular. The
petitioner also states that existing internal quality assurance and
documents and standards currently in use for inspections and audits do
not adequately address this concern.
II. Public Comments on the Petition
A. Overview of Public Comments
The NRC published the notice of receipt and request for public
comment in the Federal Register on May 15, 2019 (84 FR 21727). The
public comment period closed on July 29, 2019. The NRC received a total
of five public comments. Three comments expressed support for the
petition, one did not clearly support or oppose the petition, and one
(from the petitioner) provided grammatical corrections and minor
clarifications to the petition.
The NRC reviewed and considered the public comments received in
making its decision to deny the PRM. The NRC response follows a short
summary of each comment.
B. NRC Responses to Public Comments
Comment: One comment, from an anonymous individual, agrees with the
petitioner that the current regulations leave margin for error and that
additional regulations are necessary.
NRC Response: The NRC disagrees with this comment. The NRC
performed an independent search of all licensee event reports and
greater-than-green inspection findings since 2015 and did not identify
any examples of safety issues caused by the lack of laboratory
certification requirements. In addition, a licensee's calibration
program must meet the requirements of criterion XII, ``Control of
Measuring and Test Equipment,'' of appendix B, ``Quality Assurance
Criteria for Nuclear Power
[[Page 16679]]
Plants and Fuel Reprocessing Plants,'' to 10 CFR part 50, ``Domestic
Licensing of Production and Utilization Facilities.'' Furthermore, a
licensee's compliance with the requirements of appendix B to 10 CFR
part 50 is subject to inspection by the NRC. As such, the NRC has
reasonable assurance that the existing regulations provide adequate
protection of public health and safety.
Comment: A comment from an anonymous individual stated that current
internal labs in the utility industry should be required to go through
the same requirements that external calibration facilities must go
through when calibrating and testing equipment for nuclear plants.
According to this comment, it is not economically fair for the external
calibration labs to pay for and go through the rigorous audits and try
to compete for business when internal laboratories are not required to
pay for this expensive certification. This comment suggests that this
petition puts every calibration business on an equal playing field and
would ensure uniform, basic knowledge and skills prior to employment
and continuing education each year after to satisfy certification
renewal.
NRC Response: The NRC disagrees with this comment. Training
requirements for nuclear power plant personnel, including calibration
technicians, are covered under criterion II, ``Quality Assurance
Program,'' of appendix B to 10 CFR part 50, ``Domestic Licensing of
Production and Utilization Facilities.'' Meeting these requirements
provides reasonable assurance that the calibration technicians will
have the education, training, knowledge, and skills necessary to
adequately perform their responsibilities. The economic considerations
for external calibration activity facilities are outside the scope of
NRC's rulemaking determination. To the extent that a nuclear power
plant licensee chooses to use an external calibration facility, the
licensee must ensure that the calibration facility meets appendix B
requirements.
Comment: A comment from an anonymous individual stated that any
entity such as the Tennessee Valley Authority's Central Lab Calibration
Services should be accredited. According to this comment, just because
the Tennessee Valley Authority is a federal agency does not mean it
should not have to adhere to the rules of all the other calibration
services.
NRC Response: The NRC disagrees with this comment. When performing
safety-related calibration services for nuclear power plants, Tennessee
Valley Authority's Central Lab Calibration Services must meet the
requirements of criterion II of appendix B to 10 CFR part 50. Meeting
this regulation provides reasonable assurance of adequate protection of
public health and safety.
Comment: A comment from James Anderson, a private citizen,
requested that the NRC not reduce time or money spent on nuclear power
plants.
NRC Response: The NRC interprets this comment to request that the
NRC not reduce its oversight or resources spent on the regulation of
nuclear power plants. The NRC considers the comment to be out-of-scope
of this petition.
Comment: The petitioner, Michael Taylor, submitted a document
providing revisions to the PRM, including grammatical corrections and a
few minor clarifications of the original petition.
NRC Response: The NRC considered the revised PRM submitted in this
comment.
III. Reasons for Denial
The NRC is denying the petition because the petition does not raise
a significant safety or security concern that would warrant the
requested changes to the NRC's regulations. To reach this
determination, the staff evaluated the merits of the petition, public
comments received, the immediacy of any safety concerns raised by the
petition, and the NRC's relevant past decisions and current policies.
Specifically, staff considered existing NRC requirements for the
control of measuring and test equipment. Although the NRC does not
require nuclear power plant laboratories to be certified by accrediting
organizations, their programs for safety-related measuring and test
equipment calibration must meet the requirements in 10 CFR part 50,
``Domestic Licensing of Production and Utilization Facilities,''
appendix B, ``Quality Assurance Criteria for Nuclear Power Plants and
Fuel Reprocessing Plants,'' criterion XII, ``Control of Measuring and
Test Equipment,'' and their programs are subject to NRC inspection. The
NRC inspections provide additional assurance that licensees are
adequately implementing the requirements of criterion XII of appendix B
to 10 CFR part 50 to measure and test equipment programs through direct
inspection of calibration and testing activities. These direct
inspections ensure that measurement calculations are being adequately
performed.
Any safety-related calibrations or measurements that are performed
at metrology laboratories utilized by nuclear power plants would fall
under these requirements. The requirements for the training of nuclear
power plant personnel performing safety-related activities are covered
by criterion II, ``Quality Assurance Program,'' of appendix B to 10 CFR
part 50. Any personnel performing safety-related calibrations in an
onsite laboratory or at a metrology laboratory utilized by nuclear
power plants would fall under these requirements.
In addition, the NRC conducted an independent search of all license
event reports and greater-than-green inspection findings from 2015
onward and did not identify any examples of safety issues caused by
improper calibrations of measurement and test equipment at nuclear
power plant internal laboratories or by the lack of laboratory
certification requirements.
In summary, the NRC is denying the petition because the petition
does not raise a significant safety or security concern. The requested
amendments to NRC regulations are not necessary because existing NRC
regulations and inspection procedures provide reasonable assurance of
adequate protection of public health and safety.
IV. Conclusion
For the reasons cited in this document, the NRC is denying PRM-50-
118. The NRC has concluded that its existing regulations provide
reasonable assurance of adequate protection of public health and
safety.
Dated March 24, 2021.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2021-06432 Filed 3-30-21; 8:45 am]
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