ML20199D234

Forwards,For Consideration,Copy of Proposed Rule, Financial Protection Requirements for Permanently Shutdown Nuclear Power Reactors, .Comment Period Expires on 980113

ML20199D234
Person / Time
Issue date:	11/07/1997
From:	Bangart R NRC OFFICE OF STATE PROGRAMS (OSP)
To:	GENERAL
References
SP-97-076, SP-97-76, NUDOCS 9711200285
Download: ML20199D234 (7)

Text

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< STATE LIAISON OFFICERS

• STATE PUBLIC UTILITY COMMISSIONS

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FINANCIAL PROTECTION REQUIREMENTS FOR PERMANENTLY SHUTDOWN NUCLEAR.

. POWER REACTORS; PRO?OSED RULE (SP 97-076) .,

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• The Nuclear Regu!atory Commission is proposing to amend its regulations to allow nuclear -  ;,

m reactor licensees to reduce onsite and offsite liability coverage during permanent shutdown of ,

s the reactors if they meet specified reactor configurations. This proposed amendment would '

' reduce the level of insurance coverage commensurate with the risk reduction after the appropriate spent fuel cooling period following pennanent shutdown of the reactor. Enclosed ,

for your consideration is a copy of the proposed rule as it appeared in the Feder.al Register on

• October 30,1997. This proposed rule would also address a petition for rulemaking subniitted f cy the North Carolina Public Utilities Commission staff. The petition requested re6uction or, .

preferably, elimination of the $1.06 billion of insurance for onsite reactor stabilization and Laccident decontamination that is required by 10 CFR 50.54(r) when all nuclear fuel has been ,

removed from the site. The petitioners also requested that the offsite primary and secondary liability coverages required under 10 CFR 140.11(a)(4) te reduced or, preferably, eliminated for

. . shutdown reactors v/ hen no nuclear fuelis on the reactor site. The comment period expires on January 13,1998.

Pact L NG RT Richard L. Bangart, Director Office of State Programs

Enclosure:

As stated 9711200295 971107 PDR STPRQ ESGGEN ^)

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% %g# November 7, 1997 STATE LIAISON OFFICERS i STATE PUBLIC UTILITY COMMISSIONS FINANCIAL PROTECTION REQUIREMENTS FOR PERMANENTLY SHUTDOWN NUCLEAR POWER REACTORS; PROPOSED RULE (SP-97-076)

The Nuclear RcCulatory Commission is proposing to amend its regulations to allow nuclear reacto 'icensees to reduce onsite and offsite liability coverage r!uring permanent shutdown of the reactors if they meat specified reactor configurations. This proposed amendment would reduce the level of insurance coverage commensurate with the risk reduction after the appropriate spent fuel cooling period following permanent shutdown of the rer.ctor. Enc!osed for your consideration le a copy of the proposed rule as it appeared in the Federal Register on October 30,1997. This proposed rule would also address a petition for rulemaking submitted by the North Carolina Public Utilities Commission staff. The petition requested reduction or, preferably, elimination of the $1.06 billion of insurance for onsite reactor stabilization and accident decontamination that is required by 10 CFR 50.54(w) when all nuclear fuel has been removed from the site. The petitioners also requested that the offsite primary and secondary liability coverages required unde 10 CFR 140.11(a)(4) be reduced or, preferably, eliminated for shutdown reactors when no nuclear fuelis on the reactor site. The comment period expires on January 13,1998.

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Richard L. Bangart, Director Office of State Programs

Enclosure:

4 As stated

e s ..o Proposed Rules r* i n *'w Vol 62.'No. 210 Thursday, October 30, 1997

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This seceon of the FEDERAL REGISTEH Certain documents related to this - addition, licensees must maintain coramins nobces to the putAC cd the proposed rulemaking, including Comments secondary financial protection in the i issuance of rules and r*0utations. The received and the environmental purpoeo of those notices is to gwe Werested form of private liability insurance persons an opporturW r pamapate in m assessment and finding of no significant available under an industry nde imNno Pw to m adophon of m Anal . impact, may be examined at the NRC retrospective rating plan. The current Public Documsnt Room,2120 L Street maximum obligation for secondary 4

NW., (Lower Level), Washington, DC. ~ financial protection for a licensee in this These same documents also may be plan is $75.5 million with respect to any NUCt. EAR REGULATORY viewed and downloaded electronically nuclear incidant. Thus, the total COMem8840N via the interactive rulemaking website financial protection for offsite liability established by NRC for this rulemaking. for anyJncident would be the primary 10 CFR Parte 80 and 140 POR FURTHER WORMADON COttfACT: layer of $200 millio s, plus the Office of Nuclear secondary layer of $75.5 million RtN 31so-AF7s George Mencinsky,h, Regulatory Researc U.S. Nuclear multiplied by the number oflicensed Regulatory Commission, Washington, power reactors with a rated unpacity of '

Financial Protectiori Requirements for DC 20555-0001, telephone: (301) 415- 100,000 kWe or higher. y Permanently Shutdown Nuclear Power 6206, e-mail GJM@nrc. gov.: Stephen Under 10 CFR 50.54(w). power reactor .

Reectors 14wis, Office of the General Counsel, licensees must obtain insurance U.S, Nuclear Regulatory Commission, coverage from private sources to provide I AoesecV: Nuclear Regulatory Conwission. Washington. DC 20555-0001, telephone: protection against onsite damage in the )

(301) 115-1684, e mail SHLenre. gov.; event of an accident. These monies j ACTION: proposed rule. Ira Dinitz, Office of tvuclear Reactor would allow the licensee to stabilize 5 summeARY:The Nuclear Regulatory Reguletion. U.S. Nuclear Regulatory and decontaminate the reactor and '

Commission (NRC)is proposing to Commission. Washington, DC 20555- reactor station site 8n the event of an i amend its regulations to allow nuclear 0001, telephone: (301) 415-1289, e-mail accident. Tbe minimum amoW of IPDientc. gov, insurance coverage is the lesse of 51.06 reactor licensees to reduce onsite and effsite liability coverage during suPMANARY WORMAMON: , billion or the maximum amount of permanent shutdown of the reactors if insurance generally available from Background private sources.

they meet specified reactor . i c:nfiguradons. This proposed The current regulations overning This proposed rule is part of the NRC amendment would reduce the level of insurance covere8e for nuc ene power effort to eliminate unnecessary losurance coverage commensurate with reactors are contained in 10 CFR regulatory burdens for power reactor the risk reduction after the a propriate 50.54(w) and to CFR 140.11. These facilities that are permanently shutdown spent fuel cooling period fol owing regulations do not take it to and in the process of decommissioning.

permanent shutdown of the reactor. consideration the reduced risk This would complement other DATas:The comment period expires associated with permanently shutdown amendments for decommissioning. such January 13,1998. Comments received plants. The exemption process allows as the final rule that was published in efter this date will be considered ifit is reduced insurance coverage for these the Federal Register (61 FR 39278) on practical to do so, but the Commission plants. July 29,1996, which clarilled the

- is able to assure consideration only for Consideration of whether financial procedures leading to permanent protection coverage should be reduced shutdown and, eventually, to the comments received on or before this d:te- for permanently shutdown plants must termination of an operating license for take into account the preservation of the nuclear power reactors.

Aoonassss: Send comments by mail or This proposed rule would also solvency of the organization responsible addressed to the Secretary, U.S. Nuclear for maintaining and decommissioning address a petit *on for rulemakirg (P'IM-Regulatory Commission, Washington. these facilities in the unlikely event of 50-57) submitted by the North Carolina DC 20555-0001. Attention: Rulemakings a nuclear incident. In addition. Public Staff Utilities Commission. The and Adjudications Staff.

consideration would be given to timely petition re lland deliver comments to: 11555 preferably, questedofreduction Rockville p!ke, Rockville, Maryland.

payment for valid damage claims by elimination the $1.06 or, members of the public and billion of insurance for onsite reactor between 7:30 am and 4:15 pm on minimization of the likellbood that Federal workdays. stabilization and accident Federal Government indemnity would decontamination that is required by 10 You may also provide comments via be exercisod for satisfaction of claims th) NRC's interactive rulemaking web CFR 50.54(w) when all nuclear fuel has for damages. been removed from the site. The site through the NRC home page (http:/ The regulations in to CFR 140.11 petitioner also requested that the offsite twww.nrc. gov). This site provides the require taat the licensees of facilities a primary and secondary liability availability to upload comments as files designed to produce substantial coverages required under to CFR (any format),if your web browser amounts of electricity, a rated capacity supports that function. For information of 100,000 kWe or more, must have and eliminated 140.11(a)(4) be reduced or, preferably, for shutdown reactors when about the interactive rulemaking site, maintain a primary insurance coverage contact Ms. Carol Gallagher (301) 415- of 3200 million from private sources to no nuclear fuel is on the reactor site.

6215; e mail CAGentc. gov. The proposed rule does not address protect against offsite liability. In the financial protection requirements for s

Federal Register / Vol. 62, No. 210 / Thursday, Oct:ber 30, 1997 / Proposed Rults 58691 Independent Sf .nt Fuel Storage contaminated liquids (less than 1000 in the Reactor Configuration 4, with Installations (ISFSis). This subject will gallons). no significant amount of mobile sources be addressed after efforts dealing with There are potential onsite and offsite of radioactivity such as contaminated technical and licensing issues for ISFSis radiological consequences that could be liquids onsite, there is no need to are resolved in areas of sa uards associated with the onsite stora e of the maintain the same level ofinsurance requiremer.ts, emergency anning, and spent fuelin the spent fuel for coverage for onsite or offsite financial poter.tlal fuel storage han ling some time after permanent s utdown. In protection as in Reactor Configuration 3.

activities. Reactor Configuration 1, in the event of . The basis for the transith a from Reactor p "**g

• a complete loss of spent fuel pool Configuration 3 to Reactor Configuration coolant inventory such as from a . 41. the point at which there is less than Several different configurations for beyond design basis earthquake 1000 gallons ofliquid radweste stored permanently shutdown reactors are scenario, there is a potential for. onsite. A limiting value of 1000 gallons teing establiehed that encompass overheating the fuel by decay heat. This has been considered because it anticipated spent fuel characteristics constitutes approximately a factor of sequence could result in a zircalny and storage modes during the period cladding fire that may have significant 500 reduction in volume from the large between permanent shutdown and volume tank used as the basis for the onsite and offsite consequences, termination of the license. They are as Reactor Configuration 3 limitina event.

I U"*** To prevent fuel rod cladding failure to a zires! cladding fire if all In Reactor Configuration 4,i(the Reactor Configuroflon 1: the reactor is defueled, perrranently shutdown, and leadinfuel s ut pool water is lost, the rod licensee has cleaned the site to cfadding temperature must not exceed unrestricted release levels and is spent fuelin the spent fuel poolis awaiting a confirmatory survey for susceptible to a zircaloy cladding fire if 565'C. The rod cladding temperature is terminating the license, the necessary the s nt fuel poolis drained ortant factor that must be acci entally.This configuration an m,gimgered in modifying the financial level of onsite insurance coverage at this protection requirements gor sta e would be less than when 1000 encom asses the period from g,,fons ofliquid radwaste were stored immed stely after the core is offloaded Pennanently shutdown reactors.

onsite. Under these circumstances, the to lust before the decay heat of the in Reactor Configuration 2, the spent hottest assemblies is low enough that no fuel has decay heat sufficiently low that onsite coverP8e could be further reduced or eliminated to account for rapid zircalcy oxidation will take place, the cladding will remain intact even if negligible onsite tonsequences.

and the fuel cladding will remain intact all spent fuel pool water is lost. However, for offsite financial with no gap release if water in the spent Ilowever,if there are significant source' requirements, although of radioactive material stored onsito, it ite the ofbro fuel poolis lost. co Reactor Configuration 2:Ther actor would be appropriate to maintain an . .nse1uences pub 1c licbilityare negligible, financial some level protection is defueled. permanently shutdown, and adequate level of onsite insurance . v.ast be maintained as long as there spent fuel is in the spent fuel pool but coverage. Although the offsite remains in effact a nuclear reactor is not rusceptible to a circoloy cladding consequences are negligible in the license issued pursuant to 10 CFR part fire or gap release caused by an Reactor Configuration 2 , because the 50 under the authority of Section 103 or incipient fuel cladding failure in the spent fuel poolis operational and an event the spent fuel poolis drained inventory of radioactive materials exists 104 of the Atomic Energy Act (42 U.S.C.

2133,2134). See Section 170a of that accidentahy. In this configuration, the onsite, an appropriate level of offsite spent fuel can be store <i long. term in the financial protection is re utred to Act (42 U.S.C. 2210a). Section 170 is account for the potential or significant commonly referred to as the " Price-spent fuel pool without the possibility ofinitiating a zircaloy fire or significant judgments or settlements from litigation Anderson Act."

fuel cladding failure, in addition. the that Cght be instituted and to protect Proposed Regulatory Action site may contain a radioactive inventory the Federal government from indemnity The proposed amendments would cf liquid redwaste, activated reactor claims. adjust the onsite insurance coverage components, and contaminated in Reactor Configuration 3, when requirements and the offsite financial structural materials. The radioactive spent fuelis no longur stored in the protection requirements for inventory during this configuration may spent fuel pool, the potential for a permanently shutdown reactors based change depending on the licensee's radiologicalincident is primar% on limiting the spent fuel cladding proposed shutdown activities and mobile sources of radioactivity oCte at temperatures for accidents involving schedule, permanently shutdown nuclear reactors. loss of spent fuel pool water and the Reactor Configumtion 3:The reactor The offsite cleanup costs were found to amount of onsite radioactive inventory is permanently shutdown and no spent be negligible for Reactor Configuration such as liquid radwaste in post fuel is in the reactor or the spent fuel 3, but as was noted in Reactor shutdown modes. The insurance pool. All spent fuel has been removed Configuration 2, an appropriate level of amounts are based on the estimated cost to an offsite or onsite dry storage offsite financial protection is still of recovery from limiting hypothetical independent spent fuel stcrage required to account for the potential for events for specific reactor installation (ISFSil or to a DOE high. significant judgments or settlements configurations.

level repository. The remaining from litigation that might be instituted The preposed amendments would radioactive inventory depends on the and also to protect the Federal also address " rated capacity"in to CFR decommissioning status and may government from indemnity claims. 140.11 as used in Section 170a of the include liquid radweste, activated Because the level of risk has decreased Atomic Energy Act to indicate that a reactor components, and contaminated vis-a v!s the Reactor Configuration 2 by permanently shutdown nuclear reactor structural materials. having no spent fuelin the spent fuel has a " rated capacity" of zero.

Reactor Configurntion 4:Same as pool, the level of offsite financial The proposed financial protection reactor configuration 3, except the p;otection required is being reduced by requirements are as follows.

reactor site has no significant mobile taking into account only the mobile Reactor Configuration 1-Fuelin sources of radioactivity such as radioactive inventory onsite. spent fuel pool not sufficien tly cool.

V 58692 Federal Regl'er / Vcl. 62, No. 210 / Thursd:y, Oct:ber 30, 1997 / Proposed Rul:s

- The requirements for onsite insurance Discussion forth in 10 UR 140.11 would be coverage and offsite financial This proposed rule would allow reduced from 5200 mit!!on to $100 protection remain as presently power reactor licensees to reduce their milli n f r the rimaryliability specified in 10 UR 50.54(w) and 10 onsite insurance coverage and offsite coverage, and e licensee would be UR 140.11, respectively, allowed to withdraw from the secondary financial protection requirements 1boetor Co urotion 2-Fuel could during permanent shutdown without lia 11 ty covegge un r rice Andersgn.

folerofe o com te loss of water in the resorting to the exemption process. The the spent fuW has been removed to an spentfuelpoo . level of financial protection would be onsite or offsite dry storage ISFSI or to j determined for permanently shutdown a DOE hi h level reporitory and the

-The onsite insurance covera react rs at a lov 1 that coincides with requirements is 550 million. ' he onsite radioactive inventory is greater their actual configuradon stage. than 1000 gallons, the onsite insurance amount of 550 million is to recover During I;eactor Configuration 1, from a Postulated accident in the coverage requirements would be 550

,P gg Poo;- licensees would be required to nalntain million under the proposed to CFR onsite lasurance coverage and offsite 50~54(w). This amount is based on the

-The offsite financial protection financial protection at the levels

• fact that there are still mobile requirement is 5100 million, based ou currently required by 10 CFR 50.54(w) radioactive sources onsite that have the the potential for significant judgments and to CFR 140.11, respectively. This is potential to contaminate the site. The or settlements resulting from llugation because the radiological consequences maximum cleanup costs associated with despite negligible offsite during this stage of permanent Reactor Configuration 3 are estimated at consequences. shutdown approximate the magnitude approximately 550 million. The Reactor Configurution 3-Nofuelin of a severe core damage accident. conservative limiting event is the spentfuelpool, risk dependent on After allowing the spent fuel to cool rupture of a large contaminated liquid ,

radioactive inventory of plant site in down to the poir.t that the maximum, storage tank that causes soll decornmissioning status. - spent fuel cladding temperature will not contamination and the potential to exceed 565'C in the event of a loss of contaminate ;;roundwater. The offsite

-The onsite insurance coverage water in the spent fuel pool (Reactor d rer . ment is $50 million. The financial protection requirements ur. der Configur. Con 2), power reactor amount of $50 million is the the prokosed Section million140.11 to $50 would be licensees would be allowed under to '

estimated amount needed to recove' reduce from 5100 CFR 50.54(w) to mduce their onsite million, and the licensee would not be from a postulated onsite event of a insurance coverage from 31.06 billion to rec.ared to maintain secondary liability rupture of a large s!!ghtly 550 million.The reason for this contaminated liquid storaga tank. covera 8e under the Price-Anderson Act reduedon in insuranco coverage is that for Reactor Configuration 3. With no

- The offsite financial protection tha rapid clad oxidation event of spent fuelin the spent fuel pool, the requirement is $50 million, bcsed on Reactor Configuration 1 is not possible, nsks of offsite contamination have been the potential for significant judgments Insurance coverage requirement:: for reduced considerably for this or settlements resulting from 'itigation Reactor Configuration 2 are based on the configuration.

that might still be instituted despite fact that there is a possiollity for a fuel in Reactor Configuration 4, there are negligible sffsite consequences: handling accident la the spent fuel pool, no significant mobile soarces of however the liability risk is and significant amounts of mobile radioectivity, such as liquid

• considered less than in Reactor radioactive sources remain onsite that contaminants, onsite. Thus, the Configuration 2. have a potential for release during thiJ potential for onsite and offsite Reactoi Configumtion 4-Nofuelin period. The 550 million coverage would radiological impacts is limited. In this the spent fuel pool and no significant be adequate to clean up the site in the situation, onsite insurance coverage event of a fuel handling accident, an 1 source of mobile radioactive material. re7 rements either would be $25 accidental release of cooling water from mialon or would be completely

- The casite insurance coverage the spent fuel pool, or a rupture of a eliminated under the proposed 10 CFR requirements is either $25 million or large slightly contamirated liquid 50.54(w). The amount in each case I is eliminated. The amount of $25 storage tank. would be based on information million is based on the possibility of The proposed tasurance covera 8e ro<ided by the licensee and evaluated having to clean up onsite requirement for Reactor Configuration 2 the staff for the particular  ;

contamination from an accidental does not take into account the reduction c rcumstances of the shutd>wn reactor. ,

rupture of a less than 1000-gallon in radioactive decay of the spent fuel The $25 million onsite insurance contaminated liquid storage tank assemblies with the passage of time coverage would be required if liquid during shutdown ectivities- during that period. The insurance radwaste remained stored onsite.

Elimination of onsite insurance coverage requirements are based on the usually 1.000 gallons or less of coverage would be warranted when a conservative assumpdon of a fuel radweste, that may be susceptible to an licensee is awaiting a confirmator-i handling accident shortly after the accidental spill and the consequent survey for license termination. transition to Reactor Configuration 2. need for cleanup of the contaminated

- The offsite financial protection Adjusting insurance requirements site. Elimination of required onsite requirement is $25 million, based on during Reactor Configuration 2 based on insurance coverage would be based on the potential for claims arising from the decay level of the spent fuel would the licensee's submittal of its terminal asserted offsite consequences. This be burdensome from a regulatory radiation survey to the NRC stating that

. would minimize the possibility that standpoint, as opposed to selectin 8 a the site has been cleaned to unrestricted Federal Government Indemnification bounding figure to encompass any release levels and is await;ng a would be required. As noted above, unexpected events concerning the spent confirmatory survey for termination of the Atomic Energy Act does not allow fuel pool, the license. In either case, the onsite and a 10 CFR part 50 licensee to drop this in Reactor Configuration 2. the offsite offsite consequences would be coverage entirely, only to reduce it. financial protection requirements set . negligible.

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Federal Register / V;l. 62. Na 210 / Thursday, October 30, 1997 / Proposed Rules 58093 I

la Reactor Configuration 4, the Finding of No Signincant Paperwork Redt.rtion Act of1995 (44 raquired offsite financial protection EnvironmentalImpact: Avallability U.S.C. 3501 et seq.). Existi would be reduced to $25 million to The Commission has determirad sequirements were appmv by the account for the continuing potential for under the Nadonal Environmental Office of Manage lent and Budget, claims based on asserted offsite Policy Act of 1969, as amended, and the ePProval numbers 3150-0011 and 3150-consequenas. A minimum of $25 ' Commission's regulations in subpart A 0039.

million in coverage would minimize the of to CFR part 51, that this rule,If Public Protection Nctification w ns Ith the an d t Ato c yA t a po or ctor # * * "#" # ^

at e s not tred. pro osed " '

licensees maintain some level of public. rule change wou allow licensees to liability financial protection. The seek reducdons in onsite and offsite Regula6 tory Analyals

!!censee would not be required to - insurance coverage following permanent The Commission has prepared a draft maintain secondary liability covsrege abutdown if they meet specined reactor regulatory analysis on this proposed under Price-Ande~.ca for Reactor configurations because of the reduced regulation. The analysis examines the Configuration 4. risk associated with pennanently costs and benefits of the alternatives in addition " rated capacity" would shutdown reactors. The proposed rule considered by the Commission The be addressed in 10 CFR part 140 to change would require no changes in draft analysis is available for inspecdon indicate that permanently shutdown hardware, procedures, organization, or in the NRC Public Document Room, uclear power plants have "zero" rated Operation of nuclear power reactors. It 2120 L Street NW. (lmwer Level),

capacity. The effect of this amendment would not affect the safety requirements Washington, DC. Single copies of the would be to allow the NRC to permit for nuclear power reactors because of draft analysis may be obtained from reduction of the primary liability the significantly reduced risks to the Georp Mencinsky, Office M Nuclear cover 6ge and elimination of the Public health and safety in Reactor Reguistory Research, U.S. NWear requirement for participation in the Configuradons 2,3, and 4 and it would Regulatory Commission, Washington, secondary liability coverage for nuclear not affect the likelihood, magnitude, or DC 20555-0001, telephone (301) 415-power plants that had made the consequences of accidents at the 6206. The Commission requests public certifications under 10 CFR

• permanendy shutdown nuclear power comment on the draft re6ulatory 50.82(a)(1)(1) and (ii). However, for reactors. Although the proposed rule analysis. Comments nn the draft reasons stated above, the NRC does not change would reduce the level of analysis may be submitted to the NRC propose to permit this reduction and financial protection available to pay for as indicated under the ADORESSES withdrawal until a reactor has entered environmental or other consequences heading.

the Reactor Configuration 2. At tha, that may result from accidents at Regulatory Flexibility Certification point the NRC roposes that the reactor pennanently shutdown nuclear power no longer be su ject to the requ. menta reactors, the Commission considers the As required by the Regulatory to maintain primary finarcial pro .ctior. reduced required insurance and Flexibility Act of 1980 (5 U.S.C. 605(b)),

in the " maximum amount available at financial protection coverage to be fully the Commission certifies that this rule, rusanable cost and on reasonable terms adequate and commensurate with the if adopted, will not have a sigraficant reduced consequences of potential economic impact upon a substantial from pr'vete sources" or to participate accidents at permanently shutdown number of small entities. The proposed in the secondary financial protection rule only affects NPC power reactor public liability system under Section nuclear reactors and that the environment will not be negstively licensees 170 of the Atomic Energy Act.The entities. , which are not small Commission has already approved,la affec ed. Accordingly, the Commission response to site-specific requests, these has determined that the proposed Backfit Analysis adjustments in the primary and mismaking would ave no significant '

impacts on the qu ty of the The NRC has determined that the escondary public liability insurance backfit rule,10 CFR 50.109, does not regime, and this clarification in part ""y{Q'g"dnmedal usessmed and apply to this proposed rule because the 140, as requested by the Commission, backfit mle is limited in scope to places into the Commission s finding of no significant impact on which this determination is based are mnstruction and operation of nuclear regulations a statement that a reactors. This rule would only apply to permanenti shutdown nuclear wer available for inspection at the NRC Public Document Room. 2120 L Street reactors that have permanently ceased plant is no onger considered to are operations. Therefore, a backfit analysis any , rated capacity. NW, (Lower Level), Washington, DC.

Single cophs of the environmedal is not required because these he petition for rulemaking submitted assessment and the finding of no amendments do not involve any by the North Carolina Public Staff signiscant impact are available from Provisions that would impose backfits Utilities Commissir n would be Offim of Nuclear as defined in 10 CFR 50.109(a)(1).

substantially granted in that the George RegulatoryMencinsky,h Researc U.S. Nuclear List of Subjects insurance requirements would be Regulatory Commission Washington, significantly reduced, as requested. DC 20555-0001, telephone (301) 415- N CFR Part 50 However, the petition could not be fully 6206. Antitrust, Classified information, granted because of the Price-Anderson Criminal penalties. Fire protection, statutory provisions that do not allow Papement Reducties Act Statamment' incorporadon by referena, licensees who continue to hold to CFR his proposed rule does not contain Intergovernmental relations. Nuclear part 50 licenses to drop the oFsite a new or amended information power plants and reactors, Radiation public liability coverege entirely. collection requirement subject to the protection Reactor siting criteria, 1

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'58494 Fodsral Register / Vcl. 62, No. 210 / Thursday, October 30, 1997 / Proposed Rul:s

' Reporting and recordkeeping spent fuel pool cooling event, the (ii) For Reactor Configuration 2 when mquirements. insurance coverage must be as specified the reactor is defueled and permanently reactors are on 1 6 M Ho inQgraph (w)(1).

or Reactor Configuration 2: when shutdown, the site, and the nospent operatinfuel cladding Criminal penalties, Extraordinary the reactor is defueled and permanently temperature in the spent fuel pool does nuclear occurrence,lasurance. shutdown, no operating reactors are on not exceed 565*C for a postulated loss-Intergovernmental relations, Nuclear the site, and the spent fuel cladding of-spent fuel pool-cooling event,in the materials, Nuclear power plants and temperature in the spent fuel pool does amount of $100 million for each reactor, reactors, Reporting and recordkeeping not exceed 565'C for a postulated loss- (iii) For Reactor Configuration 3: {,

requirements. of-spent fuel pool-cooling event, the when the reactor is defueled ca.d For the reasons set out in the minimum insurance coversge limit for permanently shutdown, no operating reactors are on the site, no fuel is in the 8 preamble and under the authority of the each reactor must be $50 million.

Atomic Energy Act of 1954, as amended, (iii) For Reactor Configuration 3: spent fuel pool, and the radioactw the Ensgy Reorganization Act of 1974, when the reactor is defueled and liquid inventory onsite is 1,000 gallons as amended, and 5 U.S.C. 553, the NRC permanently shutdown, no operating or greater,in the amount of $50 million is pro ing to adopt the following reactors are on the site, no fuel is in the for each reactor, amen ents to 10 CFR parts 50 and spent fuel pool, and the radioactive (iv) For Reactor Conaguration 4: when 140, liquid inventory onsite is 1,000 gallons the reactor is defueled and permanently or greater, the minimum insurance shutdown, no operating reactors are on PART 54-DOMESTIC LICENSING O coverage for each reactor must be $50 the site, no fuel is in the spent fuel pool, PRODUCTION AND UTILIZATION million. and the radioactive liquid inventory FACit.lTIES (iv) For Reactor Configuration 4: when onsite is less than 1,000 gallons,in the 1,The authority citation for Part 50 the reactor is defueled and permanently amount of $25 million for each reactor, shutdown, no operating reactors are on Dated at Rockvtlle, Maryland, this tard day continues to read as follows:

the site, no fuel is in thes spent fuel pool, of October,1997' Aethertey. Seca. 102,103,104,105, tota and the radioactive liquid inventory 182,183, la6,189,68 Stat. 936,937,938, "' ' * * " " '

onsite is less than 1,000 gallons, the -

944,953,954,955,958, rJ amended, sec, 8'b" 'I '

minimum insurance coverage for each g 2* 13 ,2 4 13

• 20 223 3 reactor must be $25 million. For sites 8'C'" 'F 8M' G""i"*

awaitirg license termination, no (R Doc. 97-28679 Filed 10-2S-97; 8.45 aml 2236 2239,2282): secs. 201, as am$nded,'

202, ace,8e Stat.1242, u amended 1244, insurance coverage is required if the suo caos neo-owe 1246,(42 U.S.C 5841,5842,5846). licensee has completed its terminal Section 50.7 also issued under Pub. L 95- radiation survey and the site is ready for 801, sec.10,92 Stat. 2951142 U.S.C 5851)- the confinnatory survey for license DEPARTMENT OF TRANSPORTATION Sections 50.10 also issued uude- seca.101, termination.

ta5, sa Stat. 955, as amended (42 U.S.C . . . . .

Federal Ayletion Administration '

2131,2235); sec.102, Pub. L 91-190,83 Stat. I asi (42 U.S.C 4332). Sections 50.13, 14 CFR Per171 s3.54(dd), and 50.103 also imund under sec. PAPT 140--FINANCIAL PROTECTION 10s. Se Stat. 939, u amended (42 U.S.C REQUIREMENTS ANDINDEMNITY [Altspece Docket No. 95-AWA-1]

• 2138). Sections 50.23,50.35. 50 55, and 50.56 AGREEMENTS 1 also issued under sec.185, os Stat. 955 (42 RIN 2120-AAt6 U.S.C 223;; Sections 50.33a,50.55e and 1 The authority citation for Part 140 Appendix Q also issued under sec.102, Pub. continues to read as follows: Proposed Modification of the Houston L 91-190,83 Stat. 853 (42 U.S.C 4332). Anthority: Secs. 161,170,68 Stat. 948,71 Class S Altspace Aree;Tms Sections 50.34 and 50.54 also issued under Stat. 576, as amended (42 U.S.C 2201,2210):

sec. 204,8a Stat.1245 (42 U.S.C 5844)- esca. 201, as amended, 202,88 Stat.1242, as Sections 50.58,50 91, and 50.92 also lesued . amended,1244 (42 U.S.C 5841,5842). Administration (FAA), DOT, under Pub. L 97-415,96 Stat. 2073 (42 ACTION: Notice of proposed rulemaking U.S.C 2239). Section 50.78 also issued under 2. In S 140.11(a), remove "and,* at the WPRM)'

esc.122. 68 Stat. 939 (42 U.S.C 2152). end of paragraph (3), change "." at end Sections 50.00-50.81 also imuod under sec. of paragraph (4) to "; and" and add gone6ARY: This notice proposes to .

164,68 Stat. 954, as amended (42 U.S.C paragraph (5) to read as foHows: modify the flouston, TX, (IAli) Class B 2234). Appendix F also issued under sec. 4 ainPace area. 3peciggca3y, ga acuan 187. 64 Stat. 955 (42 U.S.C 2237). $,,140.11

, ,,,,,in Amounts

,,,,,,,,, of Anancial proesotion proposes to reconfigure two existing

2. In 5 50.54(w), ph (5)is ..e subarca boundaries and create an

. added to read as fo lows: additional subarea within the 11ouston For pecHied macts 9 to ed Condemons of unenees. configurations during permanent Class B airspace area.The FAA is E'0 Posing tais action to enhance safety.

ahutdcwn of nuclear power reactors C8 Pote fMair comslon, (w) * * * (such reactors being classified as havin8 (5) For the specified reactor zero electric power level rated capacity) anc $ bouer manage air traffic configurations during permanent that were covered during their operation Psions into, out of, and through the ,

shutdown, licensees shall maintain the by paragraph (a)(4): 11 uston Class B abspace area while following insurance requirements (i) For Reactor Configuration 1: when accommodating the concerns of airspace notwithstanding paragraph (w)(1): the reactor is defueled, permanently users.

(1) For Reactor Configuration 1: when shutdown, and the spent fuel cladding ' DATES: Comments must be received on the reactor is defueled, permanently temperature in the spent fuel poolis or before December 1,1997, .

shutdown, and the spent fuel cladding 565*C or greater for a postulated loss of AnoRESSES: Send comments on the 1 temperature la the spent fuel poolis spent fuel pool cooling event,in the proposal in triplicate to the Federal q 565'C or grnter for a postulated loss of amount as specified in paragraph (a)(4). Aviation Administration, Office of the  !

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