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

Federal Register / Vol. 61, No. 231 / Friday, November 29, 1996 / The
                            Regulatory Plan

[[Page 62214]]

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 and restricted 
use under appropriate conditions are codified; and
3. Evolutionary and advanced reactor designs may be reviewed and 
licensed effectively and efficiently.
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 board 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

                              -----------

                          PROPOSED RULE STAGE

                              -----------

167. STEAM GENERATOR TUBE INTEGRITY FOR OPERATING NUCLEAR POWER PLANTS
Priority:


Other Significant


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 42 USC 2201; 42 USC 5841


CFR Citation:


 10 CFR 50


Legal Deadline:


None


Abstract:


The advance notice of proposed rulemaking (ANPRM) was published to 
request public comment on the Commission's regulations pertaining to 
steam generator tube integrity. The objective of The rule would be to 
implement a more flexible regulatory framework for steam generator 
surveillance and maintenance activities that would maintain adequate 
assurance of tube integrity while allowing a degradation-specific 
management approach. The schedule for issuance of the proposed rule is 
principally determined by staff analysis of severe accident risk from 
degraded tube performance under postulated conditions and subsequent 
completion of the regulatory analysis.


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 maintaining steam generator tube integrity 
through a balance of preventative, inspection and repair, and 
mitigative measures that reflect current industry-wide operating 
experience. 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 to effectively update 
inspection and repair criteria.


Alternatives:


The primary alternative would be to continue with resource intensive 
plant-specific ad hoc regulatory actions in the area of ensuring 
adequate steam generator tube integrity. Public comments provided in 
response to the advance notice of proposed rulemaking indicate 
agreement on the part of industry that rulemaking is the preferred 
regulatory means for addressing this issue.


Anticipated Costs and Benefits:


The regulatory action would result in a decrease in costs in some areas 
(e.g., avoidance/delay of steam generator replacement costs), and an 
increase in cost in other areas (e.g., inspection costs). Because 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.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
ANPRM           59 FR 47817                                    09/19/94
ANPRM Comment Period End                                       12/05/94
NPRM                                                           02/00/97
Small Entities Affected:


None


Government Levels Affected:


None

[[Page 62215]]

Agency Contact:
Tim Reed
Nuclear Regulatory Commission
Office of Nuclear Reactor Regulation
Washington, DC 20555
Phone: 301 415-1462
RIN: 3150-AF04
_______________________________________________________________________
NRC
168.  REVISION OF FEE SCHEDULES; 100 PERCENT FEE RECOVERY, FY 
1997
Priority:


Economically Significant. Major under 5 USC 801.


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 42 USC 2201; 42 USC 5841


CFR Citation:


 10 CFR 170; 10 CFR 171


Legal Deadline:


 Other, Statutory, September 30, 1997.


Omnibus Budget Reconciliation Act of 1990


Abstract:


The proposed rule would amend the licensing, inspection and annual fees 
charged to NRC licensees and applicants for an NRC license. The Omnibus 
Budget Reconciliation Act of 1990 requires that the NRC recover 
approximately 100 percent of its budget authority, less the amount 
appropriated from the Nuclear Waste Fund, for fiscal years 1991 through 
1998. The Act requires that the fees for FY 1997 must be collected by 
September 30, 1997. Therefore, the final rule is to become effective by 
June 30, 1997. The cost to NRC licensees is the NRC FY 1997 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 $463 million. Because this action is mandated by statute and 
the fees must be assessed through rulemaking, the NRC did not consider 
alternatives to this action.


Statement of Need:


This rulemaking would 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 1997 less the amounts appropriated 
from the Nuclear Waste Fund. 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 fees of 10 CFR Part 170 through the assessment of 
annual fees under the authority of OBRA-90 (10 CFR Part 71). 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 FY 1997 must be collected by 
September 30, 1997. Therefore, the final rule is to become effective by 
June 30, 1997.


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 the NRC licensees is the NRC FY 1997 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 463 
million.


Risks:


Not applicable.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           02/00/97
Final Action                                                   04/00/97
Small Entities Affected:


Businesses, Governmental Jurisdictions, Organizations


Government Levels Affected:


None


Agency Contact:
C. James Holloway, Jr.
Nuclear Regulatory Commission
Office of the Controller
Washington, DC 20555
Phone: 301 415-6213
RIN: 3150-AF55
_______________________________________________________________________
NRC

                              -----------

                            FINAL RULE STAGE

                              -----------

169. RADIOLOGICAL CRITERIA FOR DECOMMISSIONING OF NUCLEAR FACILITIES
Priority:


Other Significant


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 42 USC 2201; 42 USC 5841


CFR Citation:


 10 CFR 020; 10 CFR 030; 10 CFR 040; 10 CFR 050; 10 CFR 051; 10 CFR 
070; 10 CFR 072


Legal Deadline:


None


Abstract:


The proposed rule would amend the Commission's regulations to codify 
the basic principles and radiological criteria that 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 were expressed. At that time, it was anticipated that an 
interagency working group organized by the Environmental Protection 
Agency (EPA) would develop necessary Federal guidance. However, in the 
absence of significant progress by the interagency working group, the 
Commission has directed that the NRC

[[Page 62216]]

expedite rulemaking because the requirements, once final, will provide 
licensees with an incentive to complete site decommissionings.
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 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 EPA from 
both a policy standpoint and for the technical underpinnings. The EPA 
was a key participant in the workshops conducted for the rulemaking. 
EPA is preparing a parallel rulemaking to address other types of 
facilities. 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 for the 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 oversees decommissioning on a site-specific basis 
using existing guidance. The NRC could continue to oversee 
decommissioning on a case-by-case basis. However, the NRC believes that 
codifying radiological criteria for decommissioning would provide a 
more effective method of 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 need for protracted delays in 
decommissioning while licensees wait for generic 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, although it is not possible to quantify the extent 
of these reductions at this time.


Risks:


This rulemaking would ensure that decommissioning will be carried out 
without undue risk to the public or the environment. The proposed rule 
would ensure a stable framework to accomplish decommissioning and 
achieve a stable level of costs for risks averted. The proposed 
amendments would 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                                                   12/00/96
Small Entities Affected:


Businesses, Governmental Jurisdictions, Organizations


Government Levels Affected:


State, Local, Federal


Agency Contact:
Frank Cardile
Nuclear Regulatory Commission
Office of Nuclear Regulatory Research
Washington, DC 20555
Phone: 301 415-6185
RIN: 3150-AD65
_______________________________________________________________________
NRC
170. REPORTING RELIABILITY AND AVAILABILITY INFORMATION FOR RISK-
SIGNIFICANT SYSTEMS AND EQUIPMENT
Priority:


Other Significant


Legal Authority:


 42 USC 2201; 42 USC 5841


CFR Citation:


 10 CFR 050


Legal Deadline:


None

[[Page 62217]]

Abstract:


The proposed rule would amend the Nuclear Regulatory Commission's 
(NRCs) regulations to require that licensees for commercial nuclear 
power reactors report summary reliability and availability data for 
risk-significant systems and equipment to the NRC. The proposed rule 
would also require licensees to maintain onsite, and to make available 
for NRC inspection, records and documentation that provide the basis 
for the summary data reported to the NRC. This proposed rule is 
necessary to substantially improve the NRC's ability to make risk-
effective regulatory decisions, which will enhance both efficiency and 
protection of public health and safety.


Statement of Need:


The NRC plans to amend its regulations to require that licensees for 
commercial nuclear power reactors report summary reliability and 
availability data for risk-significant systems and equipment to the 
NRC. The NRC also plans to require licensees to maintain on site, and 
to make available for NRC inspection, records and documentation that 
provide the basis for the summary data reported to the NRC. This action 
is necessary to substantially improve the NRC's ability to make risk-
effective regulatory decisions which will enhance both efficiency and 
protection of public health and safety.


Alternatives:


One alternative is to continue the status-quo. Other alternatives 
include: (1) direct collection of data by NRC inspectors and (2) 
voluntary submittal of data by licensees.


Anticipated Costs and Benefits:


The regulatory action would increase costs for collection, reporting, 
and processing of reliability and availability data. These increased 
costs would be outweighed by substantial savings as a result of moving 
towards risk-based regulation and attendant regulatory relief.


Risks:


The regulatory action is expected to help reduce overall risk by 
helping to focus NRC and industry attention on the most risk-
significant aspects of power plant operation.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            61 FR 5318                                     02/12/96
NPRM Comment Period End                                        06/11/96
Final Action                                                   12/00/96
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Dennis Allison
Nuclear Regulatory Commission
Office for Analysis and Evaluation of
Operational Data
Washington, DC 20555
Phone: 301 415-6835
RIN: 3150-AF33
BILLING CODE 7590-01-F