[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Proposed Rules]
[Pages 61986-61988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19452]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 /
Proposed Rules
[[Page 61986]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 50, 51, and 71
[NRC-2020-0034]
RIN 3150-AK79
Increased Enrichment of Conventional and Accident Tolerant Fuel
Designs for Light-Water Reactors
AGENCY: Nuclear Regulatory Commission.
ACTION: Regulatory basis; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting
comments on a regulatory basis to support a rulemaking to amend the
NRC's regulations related to the use of conventional and accident
tolerant light-water reactor fuel designs. The NRC's goal is to
establish effective and efficient licensing of applications using fuels
enriched to greater than 5.0 and less than 20.0 weight percent uranium-
235. The NRC will hold a public meeting to promote a full understanding
of the planned rulemaking and facilitate public comment on the
regulatory basis.
DATES: Submit comments by November 22, 2023. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0034. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Philip Benavides, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-3246, email:
[email protected] and Carla Roque-Cruz, Office of Nuclear
Reactor Regulation, telephone: 301-415-1455, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0034 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0034.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2020-0034 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons to not
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS. Please note that the
NRC will not provide formal written responses to each of the comments
received on the regulatory basis.
II. Discussion
The NRC is requesting comments on a regulatory basis to support a
rulemaking that would amend the NRC's regulations to facilitate the use
of light-water reactor fuel containing uranium enriched to greater than
5.0 weight percent uranium-235 (U-235) in part 50 of title 10 of the
Code of Federal Regulations (10 CFR), ``Domestic Licensing of
Production and Utilization Facilities,'' 10 CFR part 51,
[[Page 61987]]
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions,'' and 10 CFR part 71, ``Packaging and
Transportation of Radioactive Material.'' This rulemaking would allow
the NRC to prepare for the effective and efficient licensing of
applications using fuels enriched to greater than 5.0 and less than
20.0 weight percent U-235 without compromising reasonable assurance of
adequate protection of public health and safety, reduce the need for
exemptions from existing regulations and license amendment requests,
provide licensees operational flexibility and certainty in licensing of
accident tolerant fuel, and support the principles of good regulation.
The rule changes would apply to any light-water power reactor
application submitted to the NRC under 10 CFR part 50 and part 52,
``Licenses, Certifications, and Approvals for Nuclear Power Plants.''
On June 22, 2022, the NRC held a comment gathering public meeting
to obtain feedback from external stakeholders on the development of the
regulatory basis for this proposed rule. The NRC offered the
opportunity for stakeholders to make presentations during this meeting.
In addition, the NRC conducted a comment gathering session and provided
three topics for discussion: (1) regulations and associated guidance
documents that should be evaluated in this rulemaking, (2) regulations
that would likely require a licensee to request an exemption if
licensees chose to pursue fuel enriched above 5.0 weight percent U-235,
and (3) rulemaking schedule and impact on stakeholders. Attendees at
this meeting included nongovernmental organizations, licensees, nuclear
power industry representatives, and other members of the public. The
NRC staff has prepared a regulatory basis to describe and document the
results of assessments performed by the NRC staff in support of this
proposed rulemaking. This regulatory basis and the meeting summary,
including transcript, are available as indicated in the ``Availability
of Documents'' section of this document.
The staff determined that the following regulations would be
directly or indirectly affected by an increase in fuel enrichment level
to greater than 5.0 and less than 20.0 weight percent U-235:
Sec. 50.67, Accident source term
Sec. 50.68, Criticality accident requirements
Sec. 51.51(b), Uranium fuel cycle environmental data--
Table S-3
Sec. 51.52, Environmental effects of transportation of
fuel and waste--Table S-4
Sec. 71.55, General requirements for fissile material
packages
In addition to amending the regulations listed, the Commission
directed the staff in SRM-SECY-21-0109, ``Staff Requirements--SECY-21-
0109--Rulemaking Plan on Use of Increased Enrichment of Conventional
and Accident Tolerant Fuel Designs for Light-Water Reactors,'' to
appropriately address and analyze fuel fragmentation, relocation, and
dispersal (FFRD) issues relevant to fuels of higher enrichment and
burnup levels in the regulatory basis.
In the regulatory basis, the NRC staff concludes that there is
sufficient basis to proceed with rulemaking and guidance development to
address the regulatory issues associated with the use of fuel enriched
to greater than 5.0 and less than 20.0 weight percent U-235. However,
there are specific regulatory areas that would benefit from additional
input from stakeholders before the NRC staff makes a final
recommendation to the Commission on rulemaking.
The Commission has not approved any specific recommendation in the
regulatory basis at this time, and as such, any conclusions regarding
the elements of the increased enrichment of conventional and accident
tolerant fuel designs for light-water reactor rulemaking are subject to
change.
III. Specific Requests for Comments
General Questions
The NRC is requesting comment on the regulatory basis. As you
prepare your comments, consider the following general questions:
1. Is the NRC considering appropriate options for each regulatory
area described in the regulatory basis? Please provide a basis for your
response.
2. Are there additional factors that the NRC should consider in
each regulatory area? What are these factors? Please provide a basis
for your response.
3. Are there any additional options that the NRC should consider
during development of the proposed rule? Please provide a basis for
your response.
4. Is there additional information concerning regulatory impacts
that the NRC should include in its regulatory analysis for this
rulemaking? Please provide a basis for your response.
5. Discuss whether the proposed rule would present hardships to
regulated small entities. How could rule provisions be modified to
lessen these impacts? Please provide a basis for your response.
6. What opportunities are there to increase the beneficial impacts
of the rule on small entities? Please provide a basis for your
response.
Specific Regulatory Issues
In addition to the general questions, the NRC is requesting
specific feedback from the public and has prepared specific questions
related to control room design criteria; transportation of uranium
hexafluoride; and FFRD.
Control Room Design Criteria
The NRC is seeking comment on the alternatives proposed in Appendix
A of the regulatory basis on control room design criteria.
1. Would the numerical selection of the control room design
criteria be better aligned with regulations designed to limit
occupational exposures during emergency conditions (e.g., Sec. Sec.
20.1206, ``Planned special exposures,'' and 50.54(x)) or regulations
designed to limit annual occupational radiation exposures during normal
operations (e.g., Sec. 20.1201, ``Occupational dose limits for
adults,'' specifically the requirements in Sec. 20.1201 (a)(1)(i))?
Please provide a basis for your response.
2. Would a graded, risk-informed method, to demonstrate compliance
with a range of acceptable control room design criterion values instead
of a single selected value such as the current 5 rem (50
millisievert(mSv)) total effective dose equivalent (TEDE) provide the
necessary flexibilities for current and future nuclear technologies up
to but less than 20.0 weight percent U-235 enrichment? Please provide a
basis for your response.
Transportation of Uranium Hexafluoride
The NRC is seeking comment on the alternatives proposed in Appendix
E of the regulatory basis on fissile material package requirements. To
date, industry plans communicated to the NRC have not indicated that
there will be enough requests for package approvals for transporting
UF6 enriched up to but less than 20.0 weight percent U-235
to conclude that rulemaking would be the most efficient or effective
process to support package approvals. Further, all alternatives to
rulemaking that the NRC considered are nearly cost neutral in terms of
implementation; however, rulemaking shifts the cost burdens to the NRC
disproportionally when compared to taking no rulemaking action.
1. Is there additional information that can be shared to augment
comments made by the public in June 2022 regarding the need for
rulemaking to
[[Page 61988]]
support licensing new or existing UF6 transportation package
designs?
Fuel Fragmentation, Relocation, and Dispersal
The NRC staff has identified that additional feedback from
stakeholders would be beneficial before making a final recommendation
on rulemaking on FFRD. The NRC is seeking comment on the alternatives
proposed in Appendix F of the regulatory basis on FFRD.
1. Are there any other alternatives not described in Appendix F of
the regulatory basis on FFRD that the NRC should consider? Are there
elements of the alternatives presented or other alternatives that the
NRC should consider? Please provide a basis for your response.
2. Stakeholders previously expressed concerns on the proposed Sec.
50.46a rule when it was initially proposed in 2010. What concerns about
Sec. 50.46a (i.e., Alternative 2) exist in today's landscape? Please
provide a basis for your response.
3. Under Alternative 2, as currently proposed in the regulatory
basis, the staff would apply the regulatory precedent under which fuel
dispersal that would challenge current regulatory requirements would
not be permitted under loss-of-coolant accident (LOCA) conditions.
Would the increased flexibilities gained from best-estimate assumptions
and methods employed during large-break LOCA analyses make this
alternative reasonable? Please provide a basis for your response.
4. What changes to plant operations, fuel designs, or safety
analysis tools and methods would be necessary under each proposed
alternative? Please provide a basis for your response.
5. Provide any information that would be relevant to more
accurately estimate costs associated with each proposed alternative.
Please provide a basis for your response.
6. What are the pros and cons of each alternative, including the
degree to which each alternative is consistent with the principles of
good regulation?
IV. Cumulative Effects of Regulation
The cumulative effects of regulation (CER) describe the challenges
that licensees or other impacted entities (such as Agreement State
agency partners) may face while implementing new regulatory positions,
programs, and requirements (e.g., rules, generic letters, backfits,
inspections). The CER is an organizational effectiveness challenge that
results from a licensee or impacted entity implementing a number of
complex positions, programs, or requirements within a limited
implementation period and with available resources (which may include
limited available expertise to address a specific issue). The NRC has
implemented CER enhancements to the rulemaking process to facilitate
public involvement throughout the rulemaking process. Therefore, the
NRC is specifically requesting comment on the cumulative effects that
may result from this proposed rulemaking. In developing comments on the
regulatory basis, consider the following questions:
1. In light of any current or projected CER challenges, how should
the NRC provide sufficient time to implement the new proposed
requirements, including changes to programs and procedures?
2. If CER challenges currently exist or are expected, what should
be done to address them? For example, if more time is required for
implementation of the new requirements, what period of time is
sufficient?
3. What other (NRC or other agency) regulatory actions (e.g.,
orders, generic communications, license amendment requests inspection
findings of a generic nature) influence the implementation of the
proposed rule's requirements?
4. What are the unintended consequences, and how should they be
addressed?
5. Please comment on the NRC's cost and benefit estimates in the
regulatory basis.
V. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, well-organized manner.
The NRC has written this document to be consistent with the Plain
Writing Act as well as the Presidential Memorandum, ``Plain Language in
Government Writing,'' published in the Federal Register on June 10,
1998 (63 FR 31885). The NRC requests comment on this document with
respect to the clarity and effectiveness of the language used.
VI. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the methods, as indicated.
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ADAMS Accession No./web link/
Document Federal Register citation
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Rulemaking: Regulatory Basis for Increased ML23032A504
Enrichment of Conventional and Accident
Tolerant Fuel Designs for Light-Water
Reactors, September 5, 2023.
6/22/2022--Summary of Public Meeting to ML22208A001
Discuss the Proposed Rulemaking on
Increased Enrichment of Conventional and
Accident Tolerant Fuel Designs for Light-
Water Reactors, July 1, 2022.
06/22/2022--Transcript of Public Meeting ML22201A017
to Discuss the Proposed Rulemaking
onIncreased Enrichment of Conventional
and Accident Tolerant Fuel Designs for
Light-Water Reactors, June 22, 2022.
SRM-SECY-21-0109, ``Staff Requirements-- ML22075A103
SECY-21-0109--Rulemaking Plan on Use of
Increased Enrichment of Conventional and
Accident Tolerant Fuel Designs for Light-
Water Reactors,'' March 16, 2022.
``Plain Language in Government Writing,'' 63 FR 31885
June 10, 1998.
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The NRC may post additional materials related to this rulemaking
activity to the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2020-0034. These documents will
inform the public of the current status of this activity and/or provide
additional material for use at future public meetings.
The Federal rulemaking website allows you to receive alerts when
changes or additions occur in a docket folder. To subscribe: (1)
navigate to the docket folder (NRC-2020-0034); (2) click the
``Subscribe'' link; and (3) enter your email address and click on the
``Subscribe'' link.
Dated: September 5, 2023.
For the Nuclear Regulatory Commission.
Dafna E. Silberfeld,
Acting Director, Division of Rulemaking, Environmental, and Financial
Support, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-19452 Filed 9-7-23; 8:45 am]
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