Notices. Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment
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BILLING CODE 7533-01-M NUCLEAR REGULATORY COMMISSION [Docket No. 030-05154] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 24-13365-01, for Unrestricted Release of the ABC Laboratories Facilities in Columbia, MO AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: William Snell, Senior Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; telephone:
(630)829-9871; fax number:
(630)515-1259; or by e-mail at *wgs@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission
(NRC)is considering the issuance of a license amendment to Byproduct Materials License No. 24-13365-01. This license is held by ABC Laboratories (the Licensee), for facilities, located at 7200 E. ABC Lane, Columbia, Missouri. Issuance of the amendment would authorize release of Buildings C and G for unrestricted use. The Licensee requested this action in a letter dated June 5, 2007 (ADAMS Accession No. ML071630523). The NRC has prepared an Environmental Assessment
(EA)in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), Part 51 (10 CFR Part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendment will be issued to the Licensee following the publication of this FONSI and EA in the **Federal Register** . II. Environmental Assessment Identification of Proposed Action The proposed action would approve the Licensee's June 5, 2007 license amendment request, resulting in release of Buildings C and G for unrestricted use. License No. 24-13365-01 was issued on August 5, 1969, pursuant to 10 CFR Part 30, and has been amended periodically since that time. This license authorized the Licensee to use byproduct materials for activities involving research and development, possession, use, processing, and packaging incident to manufacture of radiochemicals, storage prior to distribution, and interim storage of radioactive waste prior to disposal. Buildings C and G are situated on a 56 acre site and are 2 of 13 buildings. Building C was constructed in 1976 as a wood frame building on a concrete slab which was later converted to a metal sided building, and was used for animal studies mainly using carbon-14 or tritium tagged materials. Building G was constructed in 1980 as a wood frame building with steel roof on a concrete slab and was used to store primarily carbon-14 and tritium radioactive waste prior to disposal. The site is located in a mixed residential, agricultural and commercial area. The licensee ceased using licensed materials in Building C in March 2006 and Building G in July 2006 and initiated surveys and decontamination of the buildings. Based on the Licensee's historical knowledge of the site and the conditions of the Facility, the Licensee determined that only routine decontamination activities, in accordance with their NRC-approved, operating radiation safety procedures, were required. The Licensee was not required to submit a decommissioning plan to the NRC because worker cleanup activities and procedures are consistent with those approved for routine operations. The Licensee conducted surveys of Building C in June 2006 and Building G in September 2006 and provided information to the NRC to demonstrate that they meet the criteria in Subpart E of 10 CFR Part 20 for unrestricted release. Need for the Proposed Action The Licensee has ceased conducting licensed activities in Buildings C and G, and seeks the unrestricted use of Buildings C and G. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted in Buildings C and G shows that such activities involved use of the following radionuclides with half-lives greater than 120 days: hydrogen-3 and carbon-14. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of Buildings C and G affected by these radionuclides. The Licensee completed final status surveys on Building C on June 6, 2006, and on Building G on September 22, 2006. These surveys covered all areas of Building C and Building G. The final status survey report was attached to the Licensee's amendment request dated June 5, 2007. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 using the screening approach described in NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volume 2. The Licensee used the radionuclide-specific derived concentration guideline levels (DCGLs), developed there by the NRC, which comply with the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum amount of residual radioactivity on building surfaces, equipment, and materials, and in soils, that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted release. The NRC conducted independent radiological surveys of the Buildings C and G and identified no radiological contamination in Building C in excess of background. (NRC Inspection Report 030-05154/07-001
(DNMS)dated April 19, 2007, ADAMS Accession No. ML071090194.) However, the NRC identified levels of radiological contamination in excess of the NRC's unrestricted use criteria on the floor of Building G. The licensee performed additional decontamination and re-surveyed of the floor of Building G in April 2007. The Licensee's final status survey results were below these DCGLs and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the Licensee's final status survey results are acceptable. Based on its review, the staff has determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). The staff finds there were no significant environmental impacts from the use of radioactive material in Buildings C and G. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment surrounding Buildings C and G. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of Buildings C and G for unrestricted use and the termination of the NRC materials license is in compliance with 10 CFR Part 20. Based on its review, the staff considered the impact of the residual radioactivity from Buildings C and G and concluded that the proposed action will not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 30.36(d), requiring that decommissioning of byproduct material facilities be completed and approved by the NRC after licensed activities cease. The NRC's analysis of the Licensee's final status survey data confirmed that Buildings C and G meet the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, denying the amendment request would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are therefore similar, and the no-action alternative is accordingly not further considered. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC's unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the Missouri Department of Health and Senior Services
(DHSS)for review on September 7, 2007. On September 7, 2007, Mr. John Langston, Manager, Health Services Regulation, Division of Regulation and Licensure, with the Missouri DHSS responded by e-mail. The State agreed with the conclusions of the EA, and otherwise had no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. G. S. Ward, ABC Laboratories, letter to U.S. Nuclear Regulatory Commission, Region III, ATTN: Kevin Null, dated June 05, 2007 (ADAMS Accession No. ML071630523); 2. S. C. Hecht, ABC Laboratories, letter to U.S. Nuclear Regulatory Commission, Region III, ATTN: Bill Snell, dated August 20, 2007 (ADAMS Accession No. ML072360539); 3. NRC Inspection Report No. 030-05154/07-001
(DNMS)dated April 19, 2007 (ADAMS Accession No. ML071090194); 4. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination;” 5. Title 10 Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” 6. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities;” 7. NUREG-1757, “Consolidated NMSS Decommissioning Guidance.” If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois, this 27th day of September 2007. For the Nuclear Regulatory Commission, Patrick Louden, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E7-20078 Filed 10-10-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-04794] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment To Byproduct Materials License No. 21-01443-06, for Unrestricted Release of the Parke-Davis Warner-Lambert Facility in Plymouth, MI AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: William Snell, Senior Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; telephone:
(630)829-9871; fax number:
(630)515-1259; or by e-mail at *wgs@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission
(NRC)is considering the issuance of a license amendment to Byproduct Materials License No. 21-01443-06. This license is held by Warner-Lambert, LLC (the Licensee), which is a wholly owned subsidiary of Pfizer, Inc., for its Parke-Davis Plymouth Township facility (the Facility) located at 46701 Commerce Center Drive in Plymouth, Michigan. Issuance of the amendment would authorize release of the Facility for unrestricted use. The Licensee requested this action in a letter dated June 14, 2007 (ADAMS Accession No. ML071700495). The NRC has prepared an Environmental Assessment
(EA)in support of this proposed action in accordance with the requirements of Title 10 Code of Federal Regulations (CFR), Part 51 (10 CFR Part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendment will be issued to the Licensee following the publication of this FONSI and EA in the **Federal Register** . II. Environmental Assessment Identification of Proposed Action The proposed action would approve the Licensee's June 14, 2007, license amendment request, resulting in release of the Facility for unrestricted use. License No. 21-01443-06 was issued on April 20, 1959, pursuant to 10 CFR Part 30, and has been amended periodically since that time. Warner-Lambert was first licensed to use byproduct materials at its Parke-Davis facility on August 9, 1999. This license authorized the Licensee to use byproduct materials for purposes of conducting research and development. The Facility is approximately a 60,000 ft 2 , one-story steel frame building with concrete, glass and metal exterior walls; and consists of office space and laboratories. The Facility is located in a mixed residential/commercial area. Within the Facility, use of licensed materials was primarily confined to laboratories 1311, 1325, 1402, 1406 and 1442. On May 11, 2007, the Licensee ceased licensed activities and initiated a survey and decontamination of the Facility on May 14, 2007. On May 23, 2007, the Licensee completed removal of licensed radioactive material from the Facility. Based on the Licensee's historical knowledge of the site and the conditions of the Facility, the Licensee determined that only routine decontamination activities, in accordance with their radiation safety procedures, were required. The Licensee was not required to submit a decommissioning plan to the NRC. The Licensee conducted surveys of the Facility and provided information to the NRC to demonstrate that it meets the criteria in Subpart E of 10 CFR Part 20 for unrestricted release. Need for the Proposed Action The licensee has ceased conducting licensed activities at the Facility, and it seeks the unrestricted use of its Facility. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Facility shows that such activities involved use of the following radionuclides with half-lives greater than 120 days: Hydrogen-3 and carbon-14. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of the Facility affected by these radionuclides. The Licensee conducted a final status survey on May 24, 2007. This survey covered 21,600 square feet of surface area considered to have a low potential for delivering a dose above the release criteria, and included the drain system, ventilation exhaust system, and vacuum system. No areas were considered to have a potential for delivering a dose above the release criteria. The final status survey report was attached to the Licensee's amendment request dated June 14, 2007. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by using the screening approach described in NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volume 2. The Licensee used the radionuclide-specific derived concentration guideline levels (DCGLs), developed there by the NRC, which comply with the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum amount of residual radioactivity on building surfaces, equipment, and materials, and in soils, that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted release. The Licensee's final status survey results were below these DCGLs and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the Licensee's final status survey results are acceptable. Based on its review, the staff determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). The staff finds there were no significant environmental impacts from the use of radioactive material at the Facility. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment surrounding the Facility. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of the Facility for unrestricted use is in compliance with 10 CFR 20.1402. The NRC has found no other activities in the area that could result in cumulative environmental impacts. Based on its review, the staff considered the impact of the residual radioactivity at the Facility and concluded that the proposed action will not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 30.36(d) requiring that decommissioning of byproduct material facilities be completed and approved by the NRC after licensed activities cease. The NRC's analysis of the Licensee's final status survey data confirmed that the Facility meets the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, denying the amendment request would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are therefore similar, and the no-action alternative is accordingly not further considered. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC's unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the Michigan Department of Environmental Quality
(DEQ)for review on August 23, 2007. On August 24, 2007, Mr. Bob Skowronek, Chief, Radioactive Material and Medical Waste Unit, with the Michigan DEQ, responded by email. The State agreed with the conclusions of the EA, and otherwise had no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. Carol Lentz, Pfizer, Inc., letter to Patricia Pelke, U.S. Nuclear Regulatory Commission, June 14, 2007 (ADAMS Accession No. ML071700495); 2. Title 10 Code of Federal Regulations, part 20, subpart E, “Radiological Criteria for License Termination;” 3. Title 10 Code of Federal Regulations, part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” 4. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities;” 5. NUREG-1757, “Consolidated NMSS Decommissioning Guidance.” If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois, this 27th day of September 2007. For the Nuclear Regulatory Commission. Patrick Louden, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E7-20050 Filed 10-10-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Notice of Opportunity To Comment on Model Safety Evaluation, Model No Significant Hazards Determination, and Model Application for Licensees That Wish To Adopt TSTF-478, Revision 2, “BWR Technical Specification Changes That Implement the Revised Rule for Combustible Gas Control” AGENCY: Nuclear Regulatory Commission. ACTION: Request for comment. SUMMARY: Notice is hereby given that the staff of the Nuclear Regulatory Commission
(NRC)has prepared a model safety evaluation
(SE)and a model application related to the modification of containment combustible gas control requirements in technical specifications
(TS)for Boiling Water Reactors (BWR). The NRC staff has also prepared a model no-significant-hazards-consideration
(NSHC)determination related to this matter. The purpose of these models is to permit the NRC to efficiently process license amendment applications that propose to adopt TSTF-478, Revision 2, “BWR Technical Specification Changes that Implement the Revised Rule for Combustible Gas Control.” TSTF-478, Revision 2, deletes Standard Technical Specification
(STS)3.6.3.3, “Containment Atmosphere Dilution
(CAD)System” and modifies STS 3.6.3.1, “Drywell Cooling System Fans,” in NUREG-1433, “Standard Technical Specifications General Electric Plants, BWR/4, Rev. 3,” to establish TS for containment combustible gas control requirements as permitted by revised 10 CFR 50.44. Licensees of nuclear power reactors to which the models apply could then request amendments, confirming the applicability of the SE and NSHC determination to their plants. The NRC staff is requesting comment on the model SE, model application, and model NSHC determination prior to announcing their availability for referencing in license amendment applications. DATES: The comment period expires November 13, 2007. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only of comments received on or before this date. ADDRESSES: Comments may be submitted either electronically or via U.S. mail. Submit written comments to Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, Mail Stop: T-6 D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand deliver comments to: 11545 Rockville Pike, Rockville, Maryland, between 7:45 a.m. and 4:15 p.m. on Federal workdays. Copies of comments received may be examined at the NRC's Public Document Room, 11555 Rockville Pike (Room O-1F21), Rockville, Maryland. Comments may be submitted by electronic mail to *NRCREP@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Tim Kobetz, Mail Stop: O-12H2, Division of Inspection and Regional Support, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-1932. SUPPLEMENTARY INFORMATION: Background Regulatory Issue Summary 2000-06, “Consolidated Line Item Improvement Process for Adopting Standard Technical Specification Changes for Power Reactors,” was issued on March 20, 2000. The consolidated line item improvement process (CLIIP) is intended to improve the efficiency of NRC licensing processes by processing proposed changes to the standard technical specifications
(STS)in a manner that supports subsequent license amendment applications. The CLIIP includes an opportunity for the public to comment on a proposed change to the STS after a preliminary assessment by the NRC staff and a finding that the change will likely be offered for adoption by licensees. This notice solicits comment on a proposal to delete STS 3.6.3.3, “Containment Atmosphere Dilution
(CAD)System” and modify STS 3.6.3.1, “Drywell Cooling System Fans,” in NUREG-1433 to establish TS for containment combustible gas control requirements in accordance with 10 CFR 50.44. The CLIIP directs the NRC staff to evaluate any comments received for a proposed change to NUREG-1433 and to either reconsider the change or announce the availability of the change for adoption by licensees. This notice contains changes proposed for incorporation into the standard technical specifications by owners group participants in the Technical Specification Task Force
(TSTF)and is designated TSTF-478. TSTF-478, Revision 2 can be viewed on the NRC's Web page utilizing the Agencywide Documents Access and Management System (ADAMS). The ADAMS accession number for TSTF-478, Revision 2, is ML071920140. TSTF-478, Revision 0, was originally submitted to the NRC on April 25, 2005 (ADAMS Accession No. ML051170308). The NRC staff issued a Request for Additional Information
(RAI)letter on November 9, 2006 (ADAMS Accession No. ML062770089) and the TSTF provided an RAI Response letter dated February 7, 2007 (ADAMS Accession No. ML070380175). TSTF-478, Revision 1, was submitted to the NRC on February 21, 2007 (ADAMS Accession No. ML070530490). The NRC made a final determination, and denied TSTF-478, Revision 1, on May 8, 2007 (ADAMS Accession No. ML071090368). TSTF-478, Revision 2, removes the parts of TSTF-478, Revision 1, that were considered unacceptable to NRC staff. It should be noted that TSTF-478, Revision 2, also proposes to revise the Bases for STS 3.6.3.2, “Drywell Purge System” in NUREG-1434, “Standard Technical Specifications General Electric Plants, BWR/6, Rev. 3,” by eliminating references to Design Basis Accidents while adding references to Accidents. This change was also listed in TSTF-478, Revision 1, and the NRC staff found this modification to be acceptable (ADAMS Accession No. ML071090368). Licensees that wish to revise the Bases of TS 3.6.3.2, “Drywell Purge System,” may do so, without a plant-specific license amendment request, provided the requirements of 10 CFR 50.59 are met. As a result, modifications to the Bases are not included in the model safety evaluation or model application. Applicability Licensees opting to apply for this TS change are responsible for reviewing the staff's evaluation, referencing the applicable technical justifications, and providing any necessary plant-specific information. To efficiently process the incoming license amendment applications, the NRC staff requests that each licensee applying for the changes addressed by TSTF-478, Revision 2, using the CLIIP, submit a license amendment request that adheres to the attached model application. Variations from the model application in this notice may require additional review by NRC staff, and may increase the time and resources needed for review. Significant variations from the model application, or inclusion of additional changes to the license, may result in staff rejection of the submittal. Each amendment application made in response to the notice of availability will be processed and noticed in accordance with applicable rules and NRC procedures. Public Notices This notice requests comments from interested members of the public within 30 days of the date of publication in the **Federal Register** . After evaluating the comments received as a result of this notice, the staff will either reconsider the proposed change or announce the availability of the change in a subsequent notice (perhaps with some changes to the safety evaluation or the proposed no significant hazards consideration determination as a result of public comments). If the staff announces the availability of the change, licensees wishing to adopt the change must submit an application in accordance with applicable rules and other regulatory requirements. For each application the staff will publish a notice of consideration of issuance of amendment to facility operating licenses, a proposed no significant hazards consideration determination, and a notice of opportunity for a hearing. The staff will also publish a notice of issuance of an amendment to an operating license to announce the deletion of TS 3.6.3.3, “Containment Atmosphere Dilution
(CAD)System” and the modification of TS 3.6.3.1, “Drywell Cooling System Fans,” for each plant that receives the requested change. Dated at Rockville, Maryland, this 3rd of October 2007. For the Nuclear Regulatory Commission. Timothy Kobetz, Branch Chief, Technical Specifications Branch, Division of Inspections and Regional Support, Office of Nuclear Reactor Regulation. Proposed Model Application for License Amendments Adopting TSTF-478, REV. 2, “BWR Technical Specification Changes That Implement the Revised Rule for Combustible Gas Control” U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555. SUBJECT: [Plant Name] DOCKET NO. 50- LICENSE AMENDMENT REQUEST FOR ADOPTION OF TSTF-478, REV. 2, “BWR TECHNICAL SPECIFICATION CHANGES THAT IMPLEMENT THE REVISED RULE FOR COMBUSTIBLE GAS CONTROL” In accordance with the provisions of Section 50.90 of Title 10 of the Code of Federal Regulations (10CFR), [LICENSEE] is submitting a request for an amendment to the technical specifications
(TS)for [PLANT NAME, UNIT NO.]. The proposed amendment would delete TS 3.6.3.3, “Containment Atmosphere Dilution
(CAD)System” and revise TS 3.6.3.1, “Drywell Cooling System Fans,” and the associated Bases, to modify containment combustible gas control requirements as permitted by 10 CFR 50.44. This change is consistent with NRC approved Revision 2 to Technical Specification Task Force
(TSTF)Improved Standard Technical Specification Change Traveler, TSTF-478, “BWR Technical Specification Changes that Implement the Revised Rule for Combustible Gas Control.” [Discuss any differences with TSTF-478, Revision 2.] The availability of this TS improvement was announced in the **Federal Register** on [Date] ([ ] FR [ ]) as part of the consolidated line item improvement process (CLIIP). Attachment 1 provides an evaluation of the proposed change. Attachment 2 provides the existing TS pages marked up to show the proposed change. Attachment 3 provides the proposed TS changes in final typed format. Attachment 4 provides the existing Bases pages marked up to show the proposed change. [LICENSEE] requests approval of the proposed license amendment by [DATE], with the amendment being implemented [BY DATE OR WITHIN X DAYS]. In accordance with 10 CFR 50.91, a copy of this application, with attachments, is being provided to the designated [STATE] Official. If you should have any questions regarding this submittal, please contact [ ]. I declare [or certify, verify, state] under penalty of perjury that the foregoing is true and correct. [NAME, TITLE] Attachments: 1. Evaluation of Proposed Change 2. Proposed Technical Specification Change (Mark-Up) 3. Proposed Technical Specification Change (Re-Typed) 4. Proposed Technical Specification Bases Change (Mark-Up) cc: [NRR Project Manager] [Regional Office] [Resident Inspector] [State Contact] Attachment 1—Evaluation of Proposed Change License Amendment Request for Adoption of TSTF-478, Rev. 2, “BWR Technical Specification Changes That Implement the Revised Rule for Combustible Gas Control” 1.0 Description 2.0 Proposed Change 3.0 Background 4.0 Technical Analysis 5.0 Regulatory Safety Analysis 5.1 No Significant Hazards Determination 5.2 Applicable Regulatory Requirements/Criteria 6.0 Environmental Consideration 7.0 References 1.0 DESCRIPTION The proposed amendment would delete TS 3.6.3.3, “Containment Atmosphere Dilution
(CAD)System” and revise TS 3.6.3.1, “Drywell Cooling System Fans,” and the associated Bases, that will result in modifications to containment combustible gas control TS requirements as permitted by 10 CFR 50.44. This change is consistent with NRC approved Revision 2 to Technical Specification Task Force
(TSTF)Improved Standard Technical Specification Change Traveler, TSTF-478, “BWR Technical Specification Changes that Implement the Revised Rule for Combustible Gas Control.” The availability of this TS improvement was announced in the **Federal Register** on [Date] ([ ] FR [ ]) as part of the consolidated line item improvement process (CLIIP). 2.0 PROPOSED CHANGE Consistent with the NRC approved Revision 2 of TSTF-478, the proposed TS changes delete TS 3.6.3.3, “Containment Atmosphere Dilution
(CAD)System” and revise TS 3.6.3.1, “Drywell Cooling System Fans.” Proposed revisions to the TS Bases are also included in this application. Adoption of the TS Bases associated with TSTF-478, Revision 2 is an integral part of implementing this TS amendment. The changes to the affected TS Bases pages will be incorporated in accordance with the TS Bases Control Program. This application is being made in accordance with the CLIIP. [LICENSEE] is [not] proposing variations or deviations from the TS changes described in TSTF-478, Revision 2, or the NRC staff's model safety evaluation
(SE)published on [DATE] ([ ] FR [ ]) as part of the CLIIP Notice of Availability. [Discuss any differences with TSTF-478, Revision 2.] 3.0 BACKGROUND The background for this application is adequately addressed by the NRC Notice of Availability published on [DATE] ([ ] FR [ ]). 4.0 TECHNICAL ANALYSIS [LICENSEE] has reviewed the safety evaluation
(SE)published on [DATE] ([ ] FR [ ]) as part of the CLIIP Notice of Availability. [LICENSEE] has concluded that the technical justifications presented in the SE prepared by the NRC staff are applicable to [PLANT, UNIT NO.] and therefore justify this amendment for the incorporation of the proposed changes to the [PLANT] TS. 5.0 REGULATORY SAFETY ANALYSIS 5.1 NO SIGNIFICANT HAZARDS DETERMINATION [LICENSEE] has reviewed the no significant hazards determination published on [DATE] ([ ] FR [ ]) as part of the CLIIP Notice of Availability. [LICENSEE] has concluded that the determination presented in the notice is applicable to [PLANT, UNIT NO.] and the determination is hereby incorporated by reference to satisfy the requirements of 10 CFR 50.91(a). 5.2 APPLICABLE REGULATORY REQUIREMENTS/CRITERIA A description of the proposed TS change and its relationship to applicable regulatory requirements was provided in the NRC Notice of Availability published on [DATE] ([ ] FR [ ]). 6.0 ENVIRONMENTAL CONSIDERATION [LICENSEE] has reviewed the environmental evaluation included in the safety evaluation
(SE)published on [DATE] ([ ] FR [ ]) as part of the CLIIP Notice of Availability. [LICENSEE] has concluded that the staff's findings presented in that evaluation are applicable to [PLANT, NO.] and the evaluation is hereby incorporated by reference for this application. 7.0 REFERENCES 1. **Federal Register** Notice, Notice of Availability published on [DATE] ([ ] FR [ ]). 2. TSTF-478 Revision 2, “BWR Technical Specification Changes that Implement the Revised Rule for Combustible Gas Control.” Attachment 2—Proposed Technical Specification Change (Mark-Up) Attachment 3—Proposed Technical Specification Change (Re-Typed) Attachment 4—Proposed Technical Specification Bases Change (Mark-Up) Model Safety Evaluation U.S. Nuclear Regulatory Commission, Office of Nuclear Reactor Regulation, Consolidated Line Item Improvement. Technical Specification Task Force Change TSTF-478, Revision 2, “BWR Technical Specification Changes that Implement the Revised Rule for Combustible Gas Control” 1.0 Introduction By application dated [Date], [Name of Licensee] (the licensee) requested changes to the Technical Specifications
(TS)for the [Name of Facility]. The proposed changes would: 1. Delete TS 3.6.3.3, “Containment Atmosphere Dilution
(CAD)System.” 2. Revise TS 3.6.3.1, “Drywell Cooling System Fans” to eliminate Required Action B.1. Required Action B.1 requires operators to verify by administrative means that a hydrogen control function is maintained in the primary containment when two required drywell cooling system fans are inoperable. The licensee stated that the application is consistent with NRC approved Revision 2 to Technical Specification Task Force
(TSTF)Improved Standard Technical Specification Change Traveler, TSTF-478, “BWR Technical Specification Changes that Implement the Revised Rule for Combustible Gas Control.” [Discuss any differences with TSTF-478, Revision 2.] The availability of this TS improvement was announced in the **Federal Register** on [Date] ([ ] FR [ ]) as part of the consolidated line item improvement process (CLIIP). 2.0 Regulatory Evaluation General Design Criterion
(GDC)41, “Containment atmosphere cleanup,” of Appendix A to 10 CFR Part 50 requires, in part, that systems to control fission products, hydrogen, oxygen, and other substances that may be released into the reactor containment shall be provided as necessary to reduce the concentration and quality of fission products and control the concentration of hydrogen, oxygen, and other substances in the containment atmosphere following postulated accidents to assure that containment integrity is maintained. Section 50.44, “Combustible Gas Control for Nuclear Power Reactors,” of Title 10 of the Code of Federal Regulations (10 CFR) provides, among other things, standards for controlling combustible gas that may accumulate in the containment atmosphere during accidents. Section 50.44 was revised on September 16, 2003 (68 FR 54123), as a result of studies that led to an improved understanding of combustible gas behavior during severe accidents. The studies confirmed that the hydrogen release postulated from a design-basis Loss of Coolant Accident
(LOCA)was not risk significant because it was not large enough to lead to early containment failure, and that the risk associated with hydrogen combustion was from beyond design-basis (i.e., severe) accidents. As a result, requirements for maintaining hydrogen control equipment associated with a design-basis LOCA were eliminated from 10 CFR 50.44. Regulatory Guide
(RG)1.7, “Control of Combustible Gas Concentrations in Containment Following a Loss-of-Coolant Accident,” Revision 3, dated March 2007, provides detailed guidance that would be acceptable for implementing 10 CFR 50.44. Section 182a of the Atomic Energy Act requires applicants for nuclear power plant operating licenses to include TS as part of the license application. The TS, among other things, help to ensure the operational capability of structures, systems, and components that are required to protect the health and safety of the public. The NRC's regulatory requirements related to the content of the TS are contained in Section 50.36 of Title 10 of the Code of Federal Regulations (10 CFR 50.36), which requires that the TS include items in the following categories:
(1)Safety limits, limiting safety systems settings, and limiting control settings;
(2)limiting conditions for operation (LCOs);
(3)Surveillance Requirements (SR);
(4)design features; and
(5)administrative controls. 10 CFR 50.36(c)(2)(i) states, in part, that “limiting conditions for operation are the lowest functional capability or performance levels of equipment required for safe operation of the facility. When a limiting condition for operation of a nuclear reactor is not met, the licensee shall shut down the reactor or follow any remedial action permitted by the technical specifications until the condition can be met.” TSTF-478, Revision 2 contains changes to remedial actions permitted by the technical specifications. 2.1 Containment Atmosphere Dilution System The design purpose of the CAD system is to maintain combustible gas concentrations within the primary containment at or below the flammability limits following a postulated LOCA by diluting hydrogen and oxygen with the addition of nitrogen. The CAD system, however, is considered ineffective at mitigating hydrogen releases from the more risk significant beyond design-basis accidents that could threaten primary containment integrity. The revised 10 CFR 50.44 rule requires systems and measures be in place to reduce the risks associated with combustible gases from beyond design-basis accidents and eliminates requirements for maintaining hydrogen and oxygen control equipment associated with a design-basis LOCA. As a result, the CAD system is no longer a mitigating safety system required to be maintained per the revised 10 CFR 50.44 rule. TS 3.6.3.3, “Containment Atmosphere Dilution
(CAD)System,” can therefore be deleted, and the technical basis for allowing the deletion is found in Section 3.0, Technical Evaluation. 2.2 Drywell Cooling System Fans Section 50.44 requires that all primary containments must have a capability for ensuring a mixed atmosphere. The purpose of the Drywell Cooling System Fans is to ensure a uniformly mixed post accident primary containment atmosphere. Drywell Cooling System Fans are a mitigating safety system that meets the requirements of 10 CFR 50.44. The proposed TS change modifies the Required Actions that operators must take when the Drywell Cooling System Fans are inoperable in accordance with 10 CFR 50.36(c)(2)(i). Therefore, the Remedial Actions and associated allowed Completion Times when Drywell Cooling System Fans are inoperable may be revised as permitted by 10 CFR 50.36(c)(2)(i). The technical basis for allowing the revision to the Required Actions in STS 3.6.3.1, “Drywell Cooling System Fans,” is found in Section 3.0, Technical Evaluation. 3.0 Technical Evaluation 3.1 Containment Atmosphere Dilution System BWRs with Mark I containment designs have either installed hydrogen recombiners or CAD systems to meet requirements for combustible gas control following a design-basis LOCA. The hydrogen recombiners and the CAD system perform similar functions for post-LOCA gas control by decreasing the hydrogen concentration. Hydrogen recombiners function to reduce the combustible gas concentration in the primary containment by recombining hydrogen and oxygen to form water vapor. The CAD system functions to maintain combustible gas concentrations within the primary containment at or below the flammability limits following a postulated LOCA by diluting hydrogen and oxygen by adding nitrogen to the mixture. Studies performed in support of the 10 CFR 50.44 rule change (September 16, 2003, 68 FR 54123) confirmed that the hydrogen release postulated from a design-basis LOCA was not risk significant because it was not large enough to lead to early containment failure, and that the risk associated with hydrogen combustion was from beyond design-basis (i.e., severe) accidents. As a result, the revised 10 CFR 50.44 rule eliminates requirements for maintaining hydrogen control equipment associated with a design-basis LOCA and requires systems and measures be in place to reduce the risks associated with hydrogen combustion from beyond design-basis accidents. The CAD system maintains combustible gas concentrations within the primary containment at or below the flammability limits following a LOCA, however, this system, as discussed in the 10 CFR 50.44 rule change was shown to be ineffective at mitigating hydrogen releases from the more risk significant beyond design-basis accidents that could threaten primary containment integrity, and is no longer required to address a design-basis LOCA. Therefore, the staff finds that the deletion of TS 3.6.3.3, “Containment Atmosphere Dilution
(CAD)System,” is acceptable. 3.2 Drywell Cooling System Fans The design function of the Drywell Cooling System Fans is to ensure a uniformly mixed post accident primary containment atmosphere. LCO 3.6.3.1 requires that two Drywell Cooling System Fans shall be operable. One Drywell Cooling System Fan, and associated subsystem components, is needed to perform the mitigating system safety function. When both required Drywell Cooling System Fans are inoperable, Required Action B.1 requires operators to verify by administrative means that a hydrogen control function is maintained in the primary containment, and Required Action B.2 requires operators to restore one required Drywell Cooling System Fan to operable status. The Completion Time for Required Action B.1 is within 1 hour and once per 12 hours thereafter, while the Completion Time for Required Action B.2 is within 7 days. The license amendment request proposes to eliminate Required Action B.1. As a result of the proposed revision, operators would only be required to restore one required Drywell Cooling System Fan to operable status within 7 days when two required Drywell Cooling System Fans are inoperable. The NRC staff considered the consequences of having two required Drywell Cooling System Fans inoperable for 7 days without operators having to verify by administrative means that a hydrogen control function is maintained in the primary containment. Neither NUREG-1150, “Severe Accident Risks: An Assessment for Five U.S. Nuclear Power Plants,” nor the technical analyses in support of the risk-informed changes to 10 CFR 50.44, credit the function of the drywell fans in a beyond design-basis (i.e., severe) accident because the fans are deemed ineffective in preventing a challenge to containment integrity due to combustible gas accumulation in a deinerted containment. Because Mark I and II containments are inerted, the risk significance of keeping the atmosphere mixed to prevent hydrogen combustion is low. Based on the above discussion, and the limited time (7 days) that the Drywell Cooling System Fans would be unavailable, the NRC staff finds that the proposed revision to TS 3.6.3.1, “Drywell Cooling System Fans,” is acceptable. 4.0 STATE CONSULTATION In accordance with the Commission's regulations, the [Name of State] State official was notified of the proposed issuance of the amendment. The State official had [no] comments. [If comments were provided, they should be addressed here]. 5.0 ENVIRONMENTAL CONSIDERATION The amendment changes a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration, and there has been no public comment on such finding issued on [Date] ([ ] FR [ ]). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Pursuant to 10 CFR 51.22(b) no environmental impact statement or environmental assessment needs to be prepared in connection with the issuance of the amendment. 6.0 CONCLUSION The Commission has concluded, based on the considerations discussed above, that:
(1)there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner,
(2)such activities will be conducted in compliance with the Commission's regulations, and
(3)the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. 7.0 REFERENCES 3. Federal Register Notice, Notice of Availability published on [DATE] ([ ] FR [ ]). 4. TSTF-478 Revision 2, “BWR Technical Specification Changes that Implement the Revised Rule for Combustible Gas Control.” Principal Contributors: [Brian Lee, Aron Lewin, Robert Palla] Model No Significant Hazards Determination Description of Amendment Request: The proposed amendment would delete TS 3.6.3.3, “Containment Atmosphere Dilution
(CAD)System” and revise TS 3.6.3.1, “Drywell Cooling System Fans,” and the associated Bases, that will result in modifications to technical specification
(TS)containment combustible gas control requirements as permitted by 10 CFR 50.44. Basis for No Significant Hazards Determination: As required by 10 CFR 50.91(a), an analysis of the issue of no significant hazards consideration is presented below: Criterion 1: The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The Containment Atmosphere Dilution
(CAD)system is not an initiator to any accident previously evaluated. The TS Required Actions taken when a drywell cooling system fan is inoperable are not initiators to any accident previously evaluated. As a result, the probability of any accident previously evaluated is not significantly increased. The revised 10 CFR 50.44 no longer defines a design basis accident
(DBA)hydrogen release and the Commission has subsequently found that the DBA loss of coolant accident
(LOCA)hydrogen release is not risk significant. In addition, CAD has been determined to be ineffective at mitigating hydrogen releases from the more risk significant beyond design basis accidents that could threaten containment integrity. Therefore, elimination of the CAD system will not significantly increase the consequences of any accident previously evaluated. The consequences of an accident while relying on the revised TS Required Actions for drywell cooling system fans are no different than the consequences of the same accidents under the current Required Actions. As a result, the consequences of any accident previously evaluated is not significantly increased. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. Criterion 2: The proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. No new or different accidents result from utilizing the proposed change. The proposed change permits physical alteration of the plant involving removal of the CAD system. The CAD system is not an accident precursor, nor does its existence or elimination have any adverse impact on the pre-accident state of the reactor core or post accident confinement of radionuclides within the containment building from any design basis event. The changes to the TS do not alter assumptions made in the safety analysis, but reflect changes to the design requirements allowed under the revised 10 CFR 50.44. The proposed change is consistent with the revised safety analysis assumptions. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated. Criterion 3: The proposed change does not involve a significant reduction in a margin of safety. The Commission has determined that the DBA LOCA hydrogen release is not risk significant, therefore is not required to be analyzed in a facility accident analysis. The proposed change reflects this new position and, due to remaining plant equipment, instrumentation, procedures, and programs that provide effective mitigation of and recovery from reactor accidents, including postulated beyond design basis events, does not result in a significant reduction in a margin of safety. Therefore, the proposed change does not involve a significant reduction in a margin of safety. Based on the above, the NRC concludes that the proposed change presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of “no significant hazards consideration” is justified. [FR Doc. E7-20084 Filed 10-10-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Solicitation of Public Comments on the Implementation of the Reactor Oversight Process AGENCY: Nuclear Regulatory Commission. ACTION: Request for public comment. SUMMARY: The NRC is soliciting comments from members of the public, licensees, and interest groups related to the implementation of the Reactor Oversight Process (ROP). An electronic version of the survey questions may be obtained from *http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/rop2007survey.pdf.* This solicitation will provide insights into the self-assessment process and a summary of the feedback will be included in the annual ROP self-assessment report to the Commission. DATES: The comment period expires on December 7, 2007. The NRC will consider comments received after this date if it is practical to do so, but is only able to ensure consideration of comments received on or before this date. ADDRESSES: Completed questionnaires and/or comments may be e-mailed to *nrcrep@nrc.gov* or sent to Michael T. Lesar, Chief, Rulemaking, Directives and Editing Branch, Office of Administration (Mail Stop T-6D59), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. If you choose to send your response using email, please include appropriate contact information so the NRC can follow-up on the comments. Comments may also be hand-delivered to Mr. Lesar at 11545 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Documents created or received at the NRC after November 1, 1999, are available electronically through the NRC's Public Electronic Reading Room on the Internet at *http://www.nrc.gov/reading-rm.html.* From this site, the public can access the NRC's Agencywide Documents Access and Management System (ADAMS), which provides text and image files of the NRC's public documents. For more information, contact the NRC's Public Document Room
(PDR)reference staff at 301-415-4737 or 800-397-4209, or by e-mail at *pdr@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Bart Fu, Office of Nuclear Reactor Regulation (Mail Stop: OWFN 11A11), U.S. Nuclear Regulatory Commission, Washington DC 20555-0001. Mr. Fu can also be reached by telephone at 301-415-2467 or by e-mail at *ZBF@NRC.GOV.* SUPPLEMENTARY INFORMATION: Program Overview The mission of the NRC is to license and regulate the Nation's civilian use of byproduct, source, and special nuclear materials to ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment. This mission is accomplished through the following activities: • License nuclear facilities and the possession, use, and disposal of nuclear materials. • Develop and implement requirements governing licensed activities. • Inspect and enforce licensee activities to ensure compliance with these requirements and the law. Although the NRC's responsibility is to monitor and regulate licensees' performance, the primary responsibility for safe operation and handling of nuclear materials rests with each licensee. As the nuclear industry in the United States has matured, the NRC and its licensees have learned much about how to safely operate nuclear facilities and handle nuclear materials. In April 2000, the NRC began to implement more effective and efficient inspection, assessment, and enforcement approaches, which apply insights from these years of regulatory oversight and nuclear facility operation. Key elements of the Reactor Oversight Process
(ROP)include NRC inspection procedures, plant performance indicators, a significance determination process, and an assessment program that incorporates various risk-informed thresholds to help determine the level of NRC oversight and enforcement. Since ROP development began in 1998, the NRC has frequently communicated with the public by various initiatives: conducted public meetings in the vicinity of each licensed commercial nuclear power plant, issued **Federal Register** Notices to solicit feedback on the ROP, published press releases about the new process, conducted multiple public workshops, placed pertinent background information in the NRC's Public Document Room, and established an NRC Web site containing easily accessible information about the ROP and licensee performance. NRC Public Stakeholder Comments The NRC continues to be interested in receiving feedback from members of the public, various public stakeholders, and industry groups on their insights regarding the calendar year 2007 implementation of the ROP. In particular, the NRC is seeking responses to the questions listed below, which will provide important information that the NRC can use in ongoing program improvement. A summary of the feedback obtained will be provided to the Commission and included in the annual ROP self-assessment report. This solicitation of public comments has been issued each year since the ROP was implemented in 2000. In the last few years, there were between 15 to 20 responses received each year from the industry, organizations, public citizens and other government entities. The ratings of each question did not provide meaningful statistical value due to the very limited number of responses. Starting from this survey, only written comments are requested for each of the survey questions. Questions In responding to these questions, please describe your experiences of the NRC oversight process. If additional space is needed, please attach to the back of the survey. If there are experiences or opinions that you would like to express that cannot be directly captured by the questions, document them in the last question of the survey. Questions Related to Specific Reactor Oversight Process
(ROP)Program Areas (As appropriate, please provide specific examples and suggestions for improvement.)
(1)Does the Performance Indicator Program provide useful insights to help ensure plant safety? Comments:
(2)Does appropriate overlap exist between the Performance Indicator Program and the Inspection Program to provide for a comprehensive indication of licensee performance? Comments:
(3)Does NEI 99-02, “Regulatory Assessment Performance Indicator Guideline” provide clear guidance regarding Performance Indicators? Comments:
(4)Can the Performance Indicator Program effectively identify declining performance based on risk-informed, objective, and predictable indicators? Comments:
(5)Does the Inspection Program adequately cover areas important to safety, and is it effective in identifying and ensuring the prompt correction of any performance deficiencies? Comments:
(6)Is the information contained in inspection reports relevant, useful, and written in plain English? Comments:
(7)Does the Significance Determination Process result in an objective and understandable regulatory response to performance issues? Comments:
(8)Does the NRC take appropriate actions to address performance issues for those plants with identified performance deficiencies? Comments:
(9)Is the information contained in assessment reports relevant, useful, and written in plain English? Comments: Questions Related to the Efficacy of the Overall ROP (As appropriate, please provide specific examples and suggestions for improvement.)
(10)Are the ROP oversight activities predictable ( *i.e.* , controlled by the process) and reasonably objective ( *i.e.* , based on supported facts, rather than relying on subjective judgment)? Comments:
(11)Is the ROP risk-informed, in that the NRC's actions are appropriately graduated on the basis of increased significance? Comments:
(12)Is the ROP understandable and are the processes, procedures and products clear and written in plain English? Comments:
(13)Does the ROP provide adequate assurance, when combined with other NRC regulatory processes, that plants are being operated and maintained safely? Comments:
(14)Is the ROP effective, efficient, realistic, and timely? Comments:
(15)Does the ROP ensure openness in the regulatory process? Comments:
(16)Has the public been afforded adequate opportunity to participate in the ROP and to provide inputs and comments? Comments:
(17)Has the NRC has been responsive to public inputs and comments on the ROP? Comments:
(18)Has the NRC implemented the ROP as defined by program documents? Comments:
(19)Does the ROP result in unintended consequences? Comments: Questions Related to the Safety Culture Aspects of the ROP
(20a)Do the ROP inspection and assessment safety culture enhancements help to focus licensee and NRC attention on performance issues associated with aspects of safety culture? Comments:
(20b)Do the baseline Identification and Resolution of Problems inspection procedure (71152) and the special inspection procedures (93800 and 93812 respectively) provide an appropriate level of guidance on safety culture aspects and on the consideration of causal factors related to safety culture? Comments:
(20c)Do the supplemental inspection procedures (Inspection for One or Two White Inputs in a Strategic Performance Area (95001), Inspection for One Degraded Cornerstone or any Three White Inputs in a Strategic Performance Area (95002)) respectively provide an appropriate level of guidance to evaluate whether safety culture components have been adequately considered as part of the licensees' root cause, extent of condition, and extent of cause evaluations and to independently determine if safety culture components caused or significantly contributed to the risk significant performance issues? Comments:
(20d)Does the procedure for a Supplemental Inspection for Repetitive Degraded Cornerstones, Multiple Degraded Cornerstones, Multiple Yellow Inputs, or One Red Input (95003) provide an appropriate level of guidance to independently assess the licensees' safety culture and evaluate the licensees' assessment of their safety culture? Comments:
(20e)Do the ROP inspection reports clearly describe inspection finding cross-cutting aspects? Comments:
(20f)Do the Operating Reactor Assessment Program
(0305)cross-cutting components and cross-cutting aspects provide an adequate coverage of the cross-cutting areas? Comments:
(21)Please provide any additional information or comments related to the Reactor Oversight Process. Comments: Dated at Rockville, Maryland, this 4th day of October, 2007. For the U.S. Nuclear Regulatory Commission. Stuart A. Richards, Deputy Director, Division of Inspection & Regional Support, Office of Nuclear Reactor Regulation. [FR Doc. E7-20041 Filed 10-10-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF PERSONNEL MANAGEMENT Excepted Service AGENCY: U.S. Office of Personnel Management (OPM). ACTION: Notice. SUMMARY: This gives notice of OPM decisions granting authority to make appointments under Schedules A, B, and C in the excepted service as required by 5 CFR 6.6 and 213.103. FOR FURTHER INFORMATION CONTACT: C. Penn, Group Manager, Executive Resources Services Group, Center for Human Resources, Division for Human Capital Leadership and Merit System Accountability, 202-606-2246. SUPPLEMENTARY INFORMATION: Appearing in the listing below are the individual authorities established under Schedules A, B, and C between August 1, 2007, and August 31, 2007. Future notices will be published on the fourth Tuesday of each month, or as soon as possible thereafter. A consolidated listing of all authorities as of June 30 is published each year. Schedule A No Schedule A appointments were approved for August 2007. Schedule B No Schedule B appointments were approved for August 2007. Schedule C The following Schedule C appointments were approved during August 2007. Section 213.3303 Executive Office of the President Office of Management and Budget BOGS70019 Director of Scheduling to the Director Office of Management and Budget. Effective August 01, 2007. BOGS70018 Legislative Analyst to the Associate Director for Legislative Affairs. Effective August 03, 2007. Office of National Drug Control Policy QQGS70012 Policy Analyst to the Deputy Director for State and Local Affairs. Effective August 17, 2007. QQGS70013 Confidential Assistant to the Chief of Staff. Effective August 22, 2007. Office of the United States Trade Representative TNGS70006 Public Affairs Specialist to the Assistant US Trade Representative for Public and Media Affairs. Effective August 14, 2007. Section 213.3304 Department of State DSGS61245 Legislative Management Officer to the Assistant Secretary for Legislative and Intergovernmental Affairs. Effective August 03, 2007. DSGS61247 Staff Assistant to the Assistant Secretary for Economic and Business Affairs. Effective August 03, 2007. DSGS61248 Special Assistant to the Under Secretary for Economic Affairs. Effective August 03, 2007. DSGS61249 Staff Assistant to the Assistant Secretary for International Organizational Affairs. Effective August 03, 2007. DSGS61246 Staff Assistant to the Director, Policy Planning Staff. Effective August 17, 2007. DSGS61250 Special Assistant to the Assistant Secretary. Effective August 17, 2007. DSGS61251 Staff Assistant to the Director, Policy Planning Staff. Effective August 17, 2007. Section 213.3305 Department of the Treasury DYGS00461 Senior Advisor to the Assistant Secretary (Tax Policy). Effective August 07, 2007. DYGS60390 Senior Advisor to the Assistant Secretary (Management) and Chief Financial Officer. Effective August 13, 2007. DYGS00420 Special Assistant to the Assistant Secretary (Deputy Under Secretary) for Legislative Affairs. Effective August 20, 2007. DYGS60307 Senior Advisor to the Treasurer of the United States. Effective August 20, 2007. DYGS00447 Senior Advisor to Under Secretary for Terrorism and Financial Crimes. Effective August 22, 2007. DYGS00499 Deputy Chief of Staff for External Affairs to the Chief of Staff for External Affairs. Effective August 28, 2007. DYGS00500 Scheduler to the Treasurer of the United States. Effective August 30, 2007. Section 213.3306 Department of Defense DDGS17077 Defense Fellow to the Special Assistant to the Secretary of Defense for White House Liaison. Effective August 01, 2007. DDGS17079 Special Assistant to the Assistant Secretary of Defense (International Security Affairs). Effective August 08, 2007. DDGS17089 Public Affairs Specialist to the Assistant Secretary of Defense Public Affairs. Effective August 13, 2007. DDGS17082 Special Assistant to the Secretary of Defense for White House Liaison. Effective August 15, 2007. DDGS17085 Public Affairs Specialist to the Assistant Secretary of Defense Public Affairs. Effective August 15, 2007. DDGS17084 Public Affairs Specialist to the Assistant Secretary of Defense Public Affairs. Effective August 16, 2007. DDGS17078 Defense Fellow to the Special Assistant to the Secretary of Defense for White House Liaison. Effective August 17, 2007. DDGS17081 Defense Fellow to the Special Assistant to the Secretary of Defense for White House Liaison. Effective August 23, 2007. DDGS17087 Staff Assistant to the Assistant Secretary of Defense (Special Operations/Low Intensity Conflict and Interdependent Capabilities). Effective August 24, 2007. DDGS17091 Staff Assistant to the Principal Deputy to the Deputy Under Secretary of Defense (Asian and Pacific Security Affairs). Effective August 24, 2007. DDGS17093 Staff Assistant to the Deputy Assistant Secretary of Defense (Near East and South Asian Affairs). Effective August 24, 2007. DDGS17098 Defense Fellow to the Special Assistant to the Secretary of Defense for White House Liaison. Effective August 24, 2007. DDGS17086 Supervisory Speechwriter to the Assistant Secretary of Defense Public Affairs. Effective August 31, 2007. DDGS17090 Special Assistant to the Assistant Secretary of Defense (Legislative Affairs). Effective August 31, 2007. DDGS17099 Public Affairs Specialist to the Assistant Secretary of Defense Public Affairs. Effective August 31, 2007. Section 213.3307 Department of the Army DWGS60064 Personal and Confidential Assistant to the Principal Deputy Assistant Secretary of the Army (Manpower and Reserve Affairs)/Deputy Assistant Secretary (Training, Readiness and Mobilization). Effective August 06, 2007. DWGS00088 Personal and Confidential Assistant to the General Counsel. Effective August 29, 2007. Section 213.3308 Department of the Navy DNGS07300 Confidential Assistant to the Assistant Secretary of the Navy (Financial Management and Comptroller). Effective August 24, 2007. DNGS07343 Special Assistant to the Secretary of the Navy. Effective August 24, 2007. Section 213.3310 Department of Justice DJGS00207 Public Affairs Specialist to the Director of the Violence Against Women Office. Effective August 1, 2007. DJGS00100 Deputy Director to the Director, Office of Public Affairs. Effective August 3, 2007. DJGS00071 Press Assistant to the Deputy Director. Effective August 10, 2007. DJGS00119 Senior Advisor to the Assistant Attorney General, Office of Justice Programs. Effective August 10, 2007. DJGS00341 Special Assistant to the Attorney General to the Chief of Staff. Effective August 16, 2007. DJGS00179 Counsel to the Principal Deputy Assistant Attorney General. Effective August 30, 2007. DJGS00262 Special Counsel on Voting Matters to the Assistant Attorney General. Effective August 30, 2007. DJGS00311 Counsel to the Principal Associate Deputy Attorney General. Effective August 31, 2007. DJGS00358 Special Assistant and Counsel to the Principal Deputy Assistant Attorney General. Effective August 31, 2007. Section 213.3311 Department of Homeland Security DMGS00692 Director of Legislative Affairs, Immigration and Customs Enforcement to the Assistant Secretary, Immigration and Customs Enforcement. Effective August 1, 2007. DMGS00688 Legislative Assistant to the Assistant Secretary for Legislative Affairs. Effective August 7, 2007. DMGS00696 Assistant Director of Legislative Affairs to the Assistant Secretary for Legislative Affairs. Effective August 10, 2007. DMGS00697 Special Assistant to the Director, Office of Screening Coordination. Effective August 10, 2007. DMGS00699 Director, Homeland Security Council/National Security Council/White House Actions and Interagency Coordinator to the Executive Secretary. Effective August 10, 2007. DMGS00700 Advance Representative to the Director of Scheduling and Advance. Effective August 10, 2007. DMGS00695 Confidential Legal Assistant to the General Counsel. Effective August 14, 2007. DMGS00701 Component Liaison and Correspondence Analyst to the Executive Secretary. Effective August 17, 2007. DMGS00702 Special Assistant to the Deputy Secretary of the Department of Homeland Security. Effective August 17, 2007. DMGS00703 Advisor to the Director to the Deputy Chief of Staff. Effective August 17, 2007. DMGS00704 Advisor to the Secretary to the Chief of Staff. Effective August 17, 2007. DMGS00705 White House Liaison to the Chief of Staff. Effective August 17, 2007. DMGS00706 Confidential Assistant to the White House Liaison and Advisor. Effective August 17, 2007. DMGS00698 Associate Director of Strategic Communications to the Director of Strategic Communications. Effective August 21, 2007. DMGS00709 Special Assistant to the Commissioner to the Chief of Staff. Effective August 28, 2007. DMGS00710 International Policy Analyst to the Under Secretary for Science and Technology. Effective August 28, 2007. DMGS00711 Special Assistant to the Executive Director, Homeland Security Advisory Committees. Effective August 28, 2007. DMGS00707 Special Assistant to the Director, Office of National Capital Region Coordination. Effective August 30, 2007. Section 213.3312 Department of the Interior DIGS01107 Special Assistant to the Chief of Staff. Effective August 21, 2007. Section 213.3313 Department of Agriculture DAGS00915 Staff Assistant to the Under Secretary for Research, Education and Economics. Effective August 14, 2007. DAGS00916 Deputy Director of Advance to the Director of Communications. Effective August 16, 2007. DAGS00918 Staff Assistant to the Director of Legislative and Public Affairs. Effective August 23, 2007. DAGS09053 State Director—West Virginia to the Under Secretary for Rural Development. Effective August 31, 2007. Section 213.3314 Department of Commerce DCGS60342 Deputy Director to the Director, Office of White House Liaison. Effective August 03, 2007. DCGS00160 Confidential Assistant to the Director, Advocacy Center. Effective August 17, 2007. DCGS00446 Chief of Staff and Senior Advisor to the Under Secretary of Commerce for Industry and Security. Effective August 21, 2007. DCGS60393 Legislative Affairs Specialist to the Assistant Secretary for Legislative and Intergovernmental Affairs. Effective August 22, 2007. DCGS00317 Deputy Director of Advisory Committees to the Director of Advisory Committees. Effective August 30, 2007. DCGS60494 Deputy Press Secretary to the Director of Public Affairs. Effective August 30, 2007. DCGS60575 Confidential Assistant to the Deputy Assistant Secretary for Europe. Effective August 31, 2007. Section 213.3315 Department of Labor DLGS60154 Senior Intergovernmental Officer to the Assistant Secretary for Congressional and Intergovernmental Affairs. Effective August 01, 2007. DLGS60011 Staff Assistant to the Director, 21st Century Office and Deputy Assistant Secretary for Intergovernmental Affairs. Effective August 07, 2007. DLGS60246 Director of Events to the Director of Scheduling. Effective August 07, 2007. DLGS60144 Staff Assistant to the Director, 21st Century Office and Deputy Assistant Secretary for Intergovernmental Affairs. Effective August 09, 2007. DLGS60197 Legislative Officer to the Assistant Secretary for Congressional and Intergovernmental Affairs. Effective August 21, 2007. DLGS60224 Special Assistant to the Assistant Secretary for Mine Safety and Health. Effective August 28, 2007. DLGS60101 Chief of Staff to the Assistant Secretary for Public Affairs. Effective August 29, 2007. Section 213.3316 Department of Health and Human Services DHGS60061 Confidential Assistant to the Director of Public Affairs. Effective August 03, 2007. DHGS60528 Confidential Assistant (Scheduling) to the Director of Scheduling. Effective August 09, 2007. DHGS60015 Deputy Director, Center for Faith Based and Community Initiatives to the Director, Center for Faith Based and Community Initiatives. Effective August 13, 2007. DHGS60049 Senior Advisor to the Assistant Secretary, Health. Effective August 14, 2007. DHGS60014 Director (Office of Document and Regulations Management) to the Executive Secretary to the Department. Effective August 28, 2007. DHGS60063 Confidential Assistant to the Director of Public Affairs. Effective August 28, 2007. DHGS60681 Confidential Assistant to the Director of Media Affairs. Effective August 28, 2007. DHGS60064 Special Assistant to the Assistant Secretary for Children and Families. Effective August 30, 2007. DHGS60527 Confidential Assistant (Scheduling) to the Director of Scheduling. Effective August 30, 2007. Section 213.3317 Department of Education DBGS00629 Confidential Assistant to the Special Assistant. Effective August 1, 2007. DBGS00633 Confidential Assistant to the Assistant Secretary, Office of Communications and Outreach. Effective August 8, 2007. DBGS00630 Special Assistant to the Chief of Staff. Effective August 9, 2007. DBGS00631 Special Assistant to the Deputy Assistant Secretary. Effective August 14, 2007. DBGS00634 Confidential Assistant to the General Counsel. Effective August 16, 2007. DBGS00624 Confidential Assistant to the Assistant Secretary for Postsecondary Education. Effective August 17, 2007. DBGS00632 Deputy Assistant Secretary for External Affairs and Outreach Services to the Assistant Secretary, Office of Communications and Outreach. Effective August 17, 2007. DBGS00635 Special Assistant to the Chief of Staff. Effective August 28, 2007. DBGS00640 Deputy Secretary's Regional Representative to the Assistant Secretary, Office of Communications and Outreach. Effective August 30, 2007. Section 213.3318 Environmental Protection Agency EPGS07017 Program Manager (Operations) to the Deputy Chief of Staff (Operations). Effective August 1, 2007. EPGS06036 Supervisory Public Affairs Specialist to the Associate Administrator for Public Affairs. Effective August 9, 2007. EPGS07019 Program Advisor to the Associate Administrator for Public Affairs. Effective August 9, 2007. Section 213.3330 Securities and Exchange Commission SEOT60103 Legislative and Intergovernmental Affairs Specialist to the Director of Legislative Affairs. Effective August 16, 2007. Section 213.3331 Department of Energy DEGS00605 Senior Policy Advisor to the Assistant Secretary for Fossil Energy. Effective August 6, 2007. DEGS00608 Special Assistant to the Chief Financial Officer. Effective August 17, 2007. DEGS00610 Assistant Press Secretary to the Director, Public Affairs. Effective August 28, 2007. DEGS00609 Special Assistant to the Director, Office of Electricity Delivery and Energy Reliability. Effective August 30, 2007. DEGS00611 Policy Advisor to the Deputy Assistant Secretary. Effective August 30, 2007. DEGS00615 Special Assistant to the Deputy Director, Permitting, Siting and Analysis Division. Effective August 31, 2007. Section 213.3332 Small Business Administration SBGS00618 Special Assistant to the National Ombudsman and Assistant Administrator for Regulatory Enforcement Fairness. Effective August 7, 2007. Section 213.3337 General Services Administration GSGS60078 Special Assistant to the Regional Administrator National Capital Region. Effective August 7, 2007. GSGS60120 Senior Communications Advisor to the Deputy Associate Administrator for Communications. Effective August 21, 2007. GSGS60121 Chief of Staff to the Chief Acquisition Officer. Effective August 21, 2007. GSGS60117 Senior Advisor to the Associate Administrator for Citizen Services and Communications. Effective August 24, 2007. Section 213.3348 National Aeronautics and Space Administration NNGS00200 Executive Assistant to the Chief of Staff. Effective August 13, 2007. Section 213.3355 Social Security Administration SZGS00019 Senior Advisor to the Deputy Commissioner for Legislation and Congressional Affairs. Effective August 9, 2007. Section 213.3373 Trade and Development Agency TDGS60001 Executive Assistant to the Director. Effective August 23, 2007. Section 213.3379 Commodity Futures Trading Commission CTOT00091 Chief Economist to the Chairperson. Effective August 31, 2007. Section 213.3394 Department of Transportation DTGS60341 Associate Director for Governmental Affairs to the Deputy Assistant Secretary for Governmental Affairs. Effective August 1, 2007. DTGS60373 Director of Governmental Affairs to the Administrator. Effective August 30, 2007. Authority: 5 U.S.C. 3301 and 3302; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218. U.S. Office of Personnel Management. Howard Weizmann, Deputy Director. [FR Doc. 07-5016 Filed 10-10-07; 8:45 am]
Connectionstraces to 9
Traces to 9 documents
CFR
- Radiological criteria for unrestricted use.§ 20.1402
- Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas.§ 30.36
- Combustible gas control for nuclear power reactors.§ 50.44
- Changes, tests, and experiments.§ 50.59
- Notice for public comment; State consultation.§ 50.91
- Technical specifications.§ 50.36
- Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review.§ 51.22
- Issuance of amendment.§ 50.92
U.S. Code
6 references not yet in our index
- 10 CFR 51
- 10 CFR 30
- 10 CFR 20
- 10 CFR 50
- 5 CFR 6.6
- 3 CFR 1954
Citation graph
cites case law
Notices
Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment
Cite10 CFR 51
Cite10 CFR 30
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