[The Regulatory Plan and Unified Agenda of Federal Regulations]
[Nuclear Regulatory Commission Regulatory Plan]
[From the U.S. Government Printing Office, www.gpo.gov]


NUCLEAR REGULATORY COMMISSION (NRC)
Statement of Regulatory Priorities
Under the authority of the Atomic Energy Act of 1954, as amended, and 
the Energy Reorganization Act of 1974, as amended, the Nuclear 
Regulatory Commission (NRC) regulates the processing and utilization of 
source, byproduct, and special nuclear material. The NRC's regulatory 
mission is to ensure that civilian uses of nuclear materials and 
facilities are carried out with proper regard for the protection of 
public health and safety, the environment, and national security. The 
NRC regulates the operation of nuclear power plants and fuel cycle 
plants; the safeguarding of nuclear materials from theft and sabotage; 
the safe transportation of nuclear materials; the decommissioning and 
return to safe use of licensed facilities that are no longer in 
operation; and the medical, industrial, and research applications of 
nuclear material.
The NRC's regulatory priorities for the next fiscal year are to ensure 
that:
1. Nuclear power plants and other licensed facilities are operated 
safely and that licensees are adequately prepared to respond to 
accidents;
2. The basic principles and criteria that would allow decommissioned 
lands and structures to be released for unrestricted use are codified;
3. Evolutionary and advanced reactor designs may be reviewed and 
licensed effectively and efficiently; and
4. The requirements for the review and approval of an application for 
the renewal of a nuclear power plant operating license ensure a more 
stable, predictable, efficient, and flexible regulatory process.
The NRC is addressing its regulatory initiatives in a manner that is 
consistent with the President's regulatory philosophy. The NRC 
routinely conducts comprehensive regulatory analyses that examine the 
costs and benefits of contemplated regulations as part of its 
regulatory process. The NRC has been aggressive and innovative in 
expanding the scope of public and industry participation in its most 
significant rulemakings. For example, the NRC has conducted several 
public workshops and established an electronic bulletin to facilitate 
participation in the rulemaking to establish radiological criteria for 
decommissioning. The NRC has also developed internal procedures and 
programs to ensure that only necessary requirements are imposed on its 
licensees and to review existing regulations to determine whether the 
requirements imposed are still necessary.
_______________________________________________________________________
NRC
            ___________________________________________________________
PRERULE STAGE
            ___________________________________________________________
210.  STEAM GENERATOR TUBE INTEGRITY
Legal Authority:


 42 USC 2201; 42 USC 5841


CFR Citation:


 10 CFR 50


Legal Deadline:


None


Abstract:


The NRC is considering amending its regulations to develop a rule 
pertaining to steam generator tube integrity. The objective of the rule 
would be to maintain adequate assurance of steam generator tube 
integrity while allowing a more appropriate approach to steam generator 
surveillance and maintenance activities at nuclear power plants. Steam 
generator degradation is a significant issue affecting current 
pressurized water reactors.


Statement of Need:


The NRC plans to develop a rule pertaining to steam generator tube 
integrity (i.e., maintaining an extremely low overall probability of 
steam generator tube leakage that could result in core damage or 
exceeding allowable offsite doses). The proposed rule would allow a 
more flexible approach to steam generator surveillance and maintenance 
activities through a degradation specific management approach. The 
regulatory action is intended to:


1. Improve the scope and methods for inspecting steam generator tubing;


2. Provide incentives to continue to improve inspection methods;


3. Develop plugging/repair criteria based on the most appropriate 
nondestructive parameters, thereby improving enforceability of the 
criteria and eliminating unnecessary conservatism; and


4. Reflect appropriate considerations of related systems issues.


Operating experience indicates that the current regulatory requirements 
need to be more stringent in some areas while in other areas they are 
overly conservative. To date this situation has been dealt with on a 
plant-specific basis, when necessary. However, a generic approach to 
dealing with steam generator issues is necessary in order to 
effectively update inspection and repair criteria. The generic approach 
that is contemplated will allow appropriate improvements to be applied 
uniformly across the industry, optimize the use of industry and NRC 
resources in addressing steam generator issues, and provide a more 
consistent basis for ensuring public health and safety.


Summary of the Legal Basis:


The NRC is authorized to promulgate new rules. The new rule that will 
be developed on steam generator integrity will be in accordance with 
the provisions of 10 CFR 50.109 on backfitting.


Alternatives:


The primary alternative would be to continue with resource intensive 
plant-specific licensing actions. Other alternatives may be developed 
as a result of public comments on the proposed rule.


Anticipated Costs and Benefits:


The regulatory action would result in a decrease in costs in some areas 
(e.g., steam generator tube repair costs, avoidance/delay of steam 
generator replacement costs), and an increase in cost in other areas 
(e.g., inspection costs). The regulatory action may also result in a 
decrease in personnel exposure. Since the proposed rule is intended to 
be performance based, a major benefit would be in providing a more 
flexible and cost-effective regulatory program pertaining to 
maintaining steam generator tube integrity.


Risks:





The regulatory action will result in increases in safety margins in 
some areas and is intended to provide a more optimal balance in the 
overall public risks associated with steam generator tube integrity 
requirements in other areas.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
ANPRM           59 FR 47817                                    09/19/94
ANPRM Comment Period End                                       12/05/94
NPRM                                                           12/00/95
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Tim Reed
Nuclear Regulatory Commission
Office of Nuclear Reactor Regulation
Washington, DC 20555
301 504-1462
RIN: 3150-AF04
_______________________________________________________________________
NRC
            ___________________________________________________________
PROPOSED RULE STAGE
            ___________________________________________________________
211. RADIOLOGICAL CRITERIA FOR DECOMMISSIONING OF NUCLEAR FACILITIES
Legal Authority:


 42 USC 2201; 42 USC 5841


CFR Citation:


 10 CFR 020


Legal Deadline:


None


Abstract:


The proposed rule would amend the Commission's regulations to codify 
the basic principles and radiological criteria which would allow 
decommissioned lands and structures to be released for unrestricted 
public use. In the final rule entitled, ``General Requirements for 
Decommissioning Nuclear Facilities'' (June 27, 1988; 53 FR 24018), the 
need and urgency for guidance with respect to residual contamination 
criteria was expressed. At that time, it was anticipated that an 
interagency working group organized by the Environmental Protection 
Agency would develop necessary Federal guidance. However, in the 
absence of significant progress by the interagency working group, the 
Commission had directed that the NRC expedite rulemaking because the 
requirements, once final, will provide licensees with an incentive to 
complete site decommissioning.


The proposed rule would establish basic radiological criteria for 
release of lands and structures. Measurables, in the form of surface 
and volume radioactive concentrations and site radioactivity inventory 
values, would be provided in supporting regulatory guidance. These 
combined activities should benefit the public, industry, and the NRC 
providing a risk-based framework upon which decommissioning activities 
and license terminations can be accomplished. The framework will ensure 
adequate protection of public health and safety and identify residual 
radioactivity criteria upon which licensees can confidently develop 
reasonable and responsible decommissioning plans.


Statement of Need:


The Nuclear Regulatory Commission (NRC) is proposing to amend 10 CFR 
Part 20 of its regulations to provide specific radiological criteria 
for the decommissioning of soils and structures. The proposed criteria 
would apply to the decommissioning of all facilities licensed under 10 
CFR Parts 30, 40, 50, 60, 61, 70, and 72, as well as other facilities 
subject to the Commission's jurisdiction under the Atomic Energy Act 
and the Energy Reorganization Act. The NRC would apply these criteria 
in determining the adequacy of remediation of residual radioactivity 
resulting from the possession or use of source, byproduct, and special 
nuclear material. The proposed rule is intended to provide a clear and 
consistent regulatory basis for determining the extent to which lands 
and structures must be remediated before a site can be considered 
decommissioned.


The NRC has developed the basis for the residual contamination levels 
in light of changes in basic radiation protection standards, 
improvements in remediation and radiation detection technologies, 
decommissioning experience obtained during the past 15 years, and 
comments received from public workshops held as part of this rulemaking 
effort. This rulemaking has been closely coordinated with the 
Environmental Protection Agency from both a policy standpoint and for 
the technical underpinnings. The EPA was a key participant in the 
rulemaking workshops conducted for the rulemaking. EPA is preparing a 
parallel rulemaking. In addition, under the framework of a Memorandum 
of Understanding (MOU) between NRC and EPA, EPA will make a 
determination that the NRC rulemaking provides a sufficient level of 
protection for public health and safety and environment. This 
coordination will minimize the expenditure of Federal resources, 
provide a consistent regulatory approach for all facilities, and avoid 
a duplication of effort or overlapping regulations.


Summary of the Legal Basis:


This proposed rule is being developed under the authority of the Atomic 
Energy Act of 1954, as amended.


Alternatives:


The NRC presently allows decommissioning on a site-specific basis using 
existing guidance. The NRC could continue to allow decommissioning to 
proceed on a case-by-case basis. However, the NRC believes that 
codifying radiological criteria for decommissioning would provide a 
more effective method of and a broadly understood set of standards to 
be used in protecting public health and the environment at 
decommissioned sites.


Anticipated Costs and Benefits:


The proposed rule would establish a clear and consistent regulatory 
basis for determining the extent to which lands and structures must be 
remediated before a site can be decommissioned. The Commission believes 
that inclusion of criteria in the regulations will result in more 
efficient and consistent licensing actions related to the numerous and 
frequently complex site decontamination and decommissioning activities 
anticipated in the future. Therefore, the proposed rule would use NRC 
and licensee resources more efficiently, be applied consistently to all 
types of licenses, create a predictable basis for decommissioning 
planning, and eliminate the protracted delays in decommissioning 
because licensees wait for generic regulatory criteria before 
proceeding with decommissioning of their facilities. The proposed rule 
would, for the most part, codify existing regulatory practice. It is 
not expected to result in any significant additional cost to the 
industry, the government, or the public. In fact, efficiencies produced 
by codifying and stabilizing regulatory practice in this area should 
result in an overall reduction in costs associated with decommissioning 
nuclear facilities. It is not possible to quantify the extent of these 
cost reductions at this time.


Risks:


This rulemaking would ensure that decommissioning will be carried out 
without undue impact on public and occupational health and safety and 
the environment. The proposed rule ensures a stable framework to 
accomplish decommissioning and achieves a stable level of costs for 
risks averted. The proposed amendments enhance the existing regulatory 
framework by providing a clear and consistent regulatory basis for 
determining the extent to which lands and structures must be remediated 
before a site can be decommissioned. The Commission believes that 
inclusion of radiological criteria in the regulations will result in 
more efficient and consistent licensing actions related to the numerous 
and frequently complex site decontamination and decommissioning 
activities anticipated in the future and reduce the risk to public 
health and the environment.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            59 FR 43200                                    08/22/94
NPRM Comment Period End                                        12/20/94
Final Action                                                   06/00/95
Small Entities Affected:


Businesses, Governmental Jurisdictions, Organizations


Government Levels Affected:


State, Local, Federal


Agency Contact:
James Malaro
Nuclear Regulatory Commission
Office of Nuclear Regulatory Research
Washington, DC 20555
301 415-6201
RIN: 3150-AD65
_______________________________________________________________________
NRC
212.  PROCUREMENT OF COMMERCIAL GRADE ITEMS BY NUCLEAR POWER 
PLANT LICENSEES
Legal Authority:


 42 USC 2201; 42 USC 5841


CFR Citation:


 10 CFR 021


Legal Deadline:


None


Abstract:


The proposed rule would amend the Commission's regulations to include a 
generic process for dedication of commercial grade items for safety-
related use and to clarify that the entity performing the dedication of 
a commercial grade item is responsible for discovering, evaluating, and 
reporting deficiencies as required by NRC regulations. The proposed 
rule has been developed in response to a petition for rulemaking (PRM-
21-02) submitted by the Nuclear Management and Resources Council 
(NUMARC) requesting that the Commission amend 10 CFR Part 21 in certain 
respects related to commercial grade items and their dedication for use 
in safety-related applications. The proposed amendments would improve 
the efficiency and effectiveness of the current commercial grade item 
dedication process.


Statement of Need:


The NRC plans to amend 10 CFR part 21 to permit the use of tests and 
analyses of commercially available products (referred to as commercial 
grade dedication) to ensure that the products are adequate for use in 
nuclear power plant safety systems instead of requiring that products 
be manufactured under a quality assurance program that meets the 
requirements of Appendix B to 10 CFR part 50, ``Quality Assurance 
Criteria for Nuclear Power Plants and Fuel Reprocessing Plants.'' The 
regulatory action would revise the existing 10 CFR part 21 to:


1. Specifically define commercial grade dedication as the process for 
providing reasonable assurance that a commercially available product to 
be used in a nuclear power plant safety system will perform its 
intended safety function; and


2. Allow the entity performing commercial grade dedication to assume 
the responsibility for reporting defects and noncompliance.


The proposed amendments are intended to permit the NRC to design its 
regulations in the most cost-effective manner to achieve the regulatory 
objective.


Summary of the Legal Basis:


The regulations in 10 CFR part 21 establish procedures and requirements 
for the implementation of Section 206 of the Energy Reorganization Act 
of 1974.


Alternatives:


The only alternative considered was to retain, but adjust, the existing 
regulations. However, to maintain the status quo would deprive industry 
of the additional flexibility it needs to obtain products suitable for 
use in nuclear power plant safety systems. Other alternatives may be 
developed and considered as a result of public comments on the proposed 
rule.


Anticipated Costs and Benefits:


The proposed amendments would decrease industry costs and compensate 
for the declining number of hardware suppliers by providing more 
flexibility to industry in obtaining products suitable for use in 
nuclear power plant safety systems.


Risks:


The regulatory action would continue to ensure the low risks to public 
health and safety that have been achieved and maintained at potentially 
less burdensome costs.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           10/00/94
Final Action                                                   04/00/95
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
M. L. Au
Nuclear Regulatory Commission
Office of Nuclear Regulatory Research
Washington, DC 20555
301 415-6181
RIN: 3150-AF01
_______________________________________________________________________
NRC
213.  REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR 
NUCLEAR POWER PLANTS
Legal Authority:


 42 USC 2201; 42 USC 5841


CFR Citation:


 10 CFR 54


Legal Deadline:


None


Abstract:


The proposed rule would amend the Commission's regulations to change 
the requirements that an applicant for renewal of a nuclear power 
operating license must meet. The proposed rule would clarify the 
required information that must be submitted to the NRC for review so 
that the agency can determine whether those requirements have in fact 
been met, and change the administrative requirements that a holder of a 
renewed license must meet. The proposed amendment is intended to 
provide a more stable and predictable process for license renewal, in 
part, through allowing greater credit for existing licensee programs 
and activities, including the maintenance rule, that adequately manage 
the adverse effects of aging. The establishment of a stable and 
predictable regulatory environment for license renewal is considered to 
be essential by nuclear industry representatives because decisions made 
about license renewal, before the current operating license expires, 
can have significant economic benefits and, if necessary, allow for the 
timely planning for replacement power.


Statement of Need:


The NRC is proposing to amend 10 CFR part 54, ``Requirements for 
Renewal of Operating Licenses for Nuclear Power Plants.'' This proposed 
amendment is necessary to help ensure a more stable, predictable, 
efficient, and flexible regulatory process for license renewal. The NRC 
has given this rulemaking high agency priority due to the ambiguities 
and instabilities experienced from implementation of the current 
license renewal rule. The proposed amendment would simplify the license 
renewal process, primarily by allowing greater reliance on existing 
programs and the Commission's regulations regarding licensee 
maintenance activities as evidence that aging of equipment will be 
adequately managed in the renewal term. By generically crediting 
existing licensee programs and the regulatory process, including the 
maintenance rule (10 CFR 50.65), the Commission has effectively 
narrowed the scope of license renewal aging management reviews to only 
those structures and components for which the detrimental effects of 
aging may not be adequately managed in the renewal term.


Summary of the Legal Basis:


The Atomic Energy Act (AEA) of 1954 provides the NRC the authority to 
regulate commercial nuclear power plants including renewal of licenses. 
This proposed amendment is within this jurisdiction and will define the 
criteria under which the NRC will authorize operation beyond the 40 
year initial licensed term as provided in the AEA.


Alternatives:


The Commission analyzed two alternatives to the proposed amendment: (1) 
continue with the existing rule and (2) require a review of only time-
limited aging issues. The Commission determined that continuation of 
the existing rule would result in unneccessary licensee burden and 
would not provide a stable and predictable regulatory process for 
license renewal. Additionally, the Commission determined that a process 
that requires only a review of time-limited aging issues is too limited 
in scope and may unnecessarily increase risk to the public health and 
safety by not providing a systematic aging assessment of equipment that 
may not otherwise be adequately managed in the renewal term.


Anticipated Costs and Benefits:


The Commission has analyzed this proposed amendment and has determined 
that these changes represent a net benefit of approximately $10 million 
per application when compared to the existing rule.


Risks:


The proposed amendment is required to provide regulatory stability, 
predictability, and efficiency in the license renewal process. This 
amendment would result in no additional risk to public health and is 
estimated to provide the same level of safety intended as with the 
current license renewal rule. As a point of reference, the systematic 
assessment of aging of the original license renewal rule was estimated 
to result in an averted public dose of 30,000 person-rem when taken 
over the expected renewal application and renewal duration.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           10/00/94
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Thomas G. Hiltz
Nuclear Regulatory Commission
Office of Nuclear Reactor Regulation
Washington, DC 20555
301 504-1105
RIN: 3150-AF05
_______________________________________________________________________
NRC
214.  REVISION OF FEE SCHEDULES; 100 PERCENT FEE RECOVERY, FY 
1995
Legal Authority:


 31 USC 9701; 42 USC 2201; 42 USC 2213; 42 USC 2214; 42 USC 5841


CFR Citation:


 10 CFR 170; 10 CFR 171


Legal Deadline:


 Final, Statutory, August 1, 1995.


Omnibus Budget Reconciliation Act of 1990


Abstract:


This rulemaking will amend the licensing, inspection, and annual fees 
charged to NRC licensees and applicants for an NRC license. The 
amendments are necessary to recover approximately 100 percent of the 
NRC budget authority for fiscal year 1995 less the amounts appropriated 
from the Nuclear Waste Fund.


Statement of Need:


The Omnibus Budget Reconciliation Act of 1990 (OBRA-90) requires that 
the NRC accomplish the 100 percent recovery through the assessment of 
fees. The NRC assesses two types of fees to recover its budget 
authority. License and inspection fees are assessed under the authority 
of the Independent Offices Appropriation Act to recover the costs of 
providing individually identifiable services to specific applicants and 
licensees (10 CFR part 170). OBRA-90 requires that the NRC recover the 
full cost to the NRC of all identifiable regulatory service that each 
applicant or licensee receives. The NRC recovers generic and other 
regulatory costs not recovered through 10 CFR part 170 fees through the 
assessment of annual fees under the authority of OBRA-90 (10 CFR part 
171). Annual fee charges are consistent with the guidance in the 
Conference Committee Report on OBRA-90 that the NRC assess the annual 
charge under the principle that licensees who require the greatest 
expenditure of the agency's resources should pay the greatest annual 
fee.


Summary of the Legal Basis:


The Omnibus Budget Reconciliation Act requires that the NRC recover 
approximately 100 percent of its budget authority, less the amount 
appropriated for the Nuclear Waste Fund, for fiscal years 1991 through 
1998. The Act requires that the fees for fiscal year 1995 must be 
collected by September 30, 1995. Therefore, the final rule is to become 
effective by August 1, 1995.


Alternatives:


Because this action is mandated by statute and the fees must be 
assessed through rulemaking, the NRC did not consider alternatives to 
this action.


Anticipated Costs and Benefits:


The cost to NRC licensees is the NRC fiscal year 1995 budget authority 
less the amount appropriated from the Nuclear Waste Fund. The dollar 
amount is not yet determined but is expected to be in a range close to 
$522.8 million.


Risks:


Not applicable.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           04/00/95
Final Action                                                   07/00/95
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
C. James Holloway, Jr.
Nuclear Regulatory Commission
Office of the Controller
Washington, DC 20555
301 415-7724
RIN: 3150-AF07
BILLING CODE 7590-01-F