Proposed Rules. Petition for rulemaking; notice of receipt

Agency: Nuclear Regulatory Commission
Action: Petition for rulemaking; notice of receipt
Citation: 75 FR (No. 38) · FR Doc. 2010-3989 · Docket No. PRM-50-94; RC-2010-0004 · 10 CFR 50

Summary

The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking, dated December 23, 2009, which was filed with the NRC by Sherwood Martinelli. The petition was docketed by the NRC on December 24, 2009, and has been assigned Docket No. PRM-50-94. The petitioner requests that the NRC amend its regulations regarding the domestic licensing of production and utilization facilities. Specifically, the petitioner requests that the NRC revise its regulations as they relate to decommissioning and decommissioning funding.

Dates

Submit comments by May 12, 2010. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.

Supplementary Information

Background Sherwood Martinelli (petitioner) submitted a petition for rulemaking dated December 23, 2009. The petitioner requests that the NRC revise its regulations as they relate to decommissioning and decommissioning funding. The NRC has determined that the petition meets the threshold sufficiency requirements for a petition for rulemaking under 10 CFR 2.802. The petition has been docketed as PRM-50-94. The NRC is requesting public comment on the petition for rulemaking. Discussion of the Petition The petitioner believes that with the current state of the economy, a 2-year reporting requirement is not adequate to ensure the safety and adequacy of funds set aside for the decommissioning of a nuclear power plant. The petitioner requests that the NRC amend its regulations to require yearly reporting by licensees on the status of these financial mechanisms used to ensure funding, and biannual reporting if the license is within 5 years of expiration. The petitioner further requests that the NRC require additional deposits to the funding accounts within 90 days from the time a shortage is noted in the annual reports. According to the petitioner, licensees may choose from three alternative decommissioning strategies: DECON (immediate removal or decontamination), SAFSTOR (“delayed DECON”), or ENTOMB (permanent encasement onsite). The petitioner believes that the SAFSTOR decommissioning option allows licensees to turn the reactor sites into long-term high-level waste storage facilities. The petitioner cites the NRC Fact Sheet, Decommissioning Nuclear Power Plants, which states that a decision by a licensee to adopt a combination of DECON and SAFSTOR may be based on factors such as the availability of waste disposal sites. The petitioner believes that this wording creates a loophole whereby a site choosing the SAFSTOR option would not be returned to unrestricted use within a period of 60 years from the time reactor operation ceases. The petitioner requests that the NRC amend its regulations to clarify that a licensee's choice of alternative decommissioning strategy must result in the return of the site to unrestricted use within 60 years and that the NRC eliminate the ENTOMB strategy as an option. The petitioner believes that, if implemented, the reporting and financial assurance amendments proposed would provide reasonable assurance that funds will be available when needed to clean up a plant site and avoid costly legacy sites to be cleaned up at taxpayer expense. With respect to the proposal to clarify the decommissioning strategies available to licensees, the petitioner believes that these proposed amendments assure that portions of the facility containing radioactive contaminants would be removed or decommissioned to a level that permits release of the property for unrestricted use within 60 years after the cessation of operations. Dated at Rockville, Maryland, this 22nd day of February, 2010. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. 2010-3989 Filed 2-25-10; 8:45 am]