U.S. Nuclear Regulatory Commission's Fiscal Year 2012 Regulatory Plan
A. Statement
of Regulatory Priorities
Under
the authority of the Atomic Energy Act of 1954, as amended, and the Energy Reorganization
Act of 1974, as amended, the U.S. Nuclear Regulatory Commission (NRC or the
Commission) regulates the possession and use of source, byproduct, and special
nuclear material. The NRC's regulatory mission 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. The NRC regulates the
operation of nuclear power plants and fuel-cycle plants; the safeguarding of
nuclear materials from theft and sabotage; the safe transport, storage, and
disposal of radioactive materials and wastes; the decommissioning and safe
release for other uses of licensed facilities that are no longer in operation;
and the medical, industrial, and research applications of nuclear material. In
addition, the NRC licenses the import and export of radioactive materials.
As part of its regulatory process, the NRC routinely conducts comprehensive
regulatory analyses that examine the costs and benefits of contemplated
regulations. The NRC has developed internal procedures and programs to ensure
that it imposes only necessary requirements on its licensees and to review
existing regulations to determine whether the requirements imposed are still
necessary.
B.
Major Rules
The NRC's fiscal year
(FY) 2012 Regulatory Plan includes the most significant rulemakings in FY 2012.
The NRC anticipates publication of two major rules in FY 2012.
Revision of Fee Schedules and
Fee Recovery, Fiscal Year 2012 (RIN 3150-AJ03)
The NRC will collect fees from its licensees and applicants to fulfill the
statutory requirement to recover approximately 90 percent of its budget
authority in FY 2012. This recovery does not include amounts appropriated for
Waste Incidental to Reprocessing, and for generic homeland security activities
(non-fee items). The NRC receives 10 percent of its budget authority from
the general fund controlled by the U.S. Treasury each year to pay for the cost
of agency activities that do not provide a direct benefit to NRC licensees,
such as international assistance and Agreement State activities (as defined
under Section 274 of the Atomic Energy Act of 1954, as amended).
Physical
Protection of Byproduct Material (RIN 3150-AI12)
Through this rule, the NRC will amend the Commission's regulations to codify security
requirements for the use of Category 1 and Category 2 quantities of radioactive
material. The objective of this action is to ensure that effective security
measures are in place to prevent the use of radioactive materials for
malevolent purposes. The rule also addresses background investigations and
access controls, enhanced security for use of, and transportation security for,
Category 1 and Category 2 quantities of radioactive material. This rulemaking
subsumes Regulation Identifier Number (RIN) 3150-AI56, "Requirements for
Fingerprinting and Criminal History Record Checks for Unescorted Access to
Radioactive Material and Other Property ([Title 10 of the Code of Federal
Regulations (10 CFR)] Part 37)." Most of these requirements were
previously imposed by the NRC and Agreement States in 2003 - 2007 using orders
and other regulatory mechanisms.
C.
Other Significant Rulemakings
The NRC's other
significant rulemakings for FY 2013 and beyond are listed below. Some of these
regulatory priorities are a result of recommendations from the Near-Term Task
Force established by the NRC in 2011 to examine regulatory requirements,
programs, processes, and implementation based on information from the Fukushima
Dai-ichi site in Japan, following the March 11, 2011, earthquake and tsunami (see
"Recommendations for Enhancing Reactor Safety in the 21st Century: The
Near-Term Task Force Review of Insights from the Fukushima Dai-ichi Accident"
(NRC's Agencywide Documents Access and Management System Accession No.
ML111861807, dated July 12, 2011)).
Environmental
Effect of Renewing the Operating License of a Nuclear Power Plant
(RIN 3150-AI42) - The rule amends the Commission's regulations that provide the
environmental
protection requirements for renewing nuclear power plant operating licenses.
Station
Blackout (RIN 3150-AJ08) - (addresses Fukushima Dai-ichi Near-Term Task Force
Recommendation 4). The advance notice of proposed rulemaking published on
March 20, 2012 (77 FR 16175), solicits stakeholder feedback on proposed rulemaking
activities to enhance the capability of nuclear power plants to maintain safety
through a prolonged station blackout.
Performance-Based
Emergency Core Cooling System Acceptance Criteria (RIN 3150-AH42) - The
proposed rule would replace prescriptive requirements with performance-based
requirements, incorporate recent research findings, and expand applicability to
all fuel designs and cladding materials.
Strengthening
and Integrating Onsite Emergency Response Capabilities (RIN 3150-AJ11) - (addresses
Fukushima Dai-ichi Near-Term Task Force Recommendation 8). This advance notice of
proposed rulemaking (77 FR 23161; April 18, 2012) solicits stakeholder feedback
on regulations governing the integration and enhancement of requirements for
onsite emergency response capabilities, and development of both new
requirements and the supporting regulatory basis.
Amendments
and Medical Event Definitions (RIN 3150-AI26) - This proposed rule would amend
the Commission's regulations that govern medical use of byproduct material
related to reporting and notifications of medical events to clarify
requirements for permanent implant brachytherapy.
10
CFR Part 26 Drug and Alcohol Testing (RIN 3150-AJ15) - This rule amends the
drug testing requirements of 10 CFR Part 26, "Fitness-for-Duty Programs," to
incorporate lessons learned from implementing the 2008 final rule, enhance the
identification of new testing subversion methods, and require the evaluation
and testing of semi-synthetic opiates, synthetic drugs and urine, and use of
chemicals or multiple prescriptions that could result in a person being unfit
for duty.
Enhanced
Weapons, Firearms Background Checks, and Security Event Notifications (RIN 3150-AI49)
- The rule would implement the NRC's authority under the new section 161a of
the Atomic Energy Act of 1954, as amended, and revise existing regulations
governing security event notifications.
Site-Specific
Analysis (Disposal of Unique Waste Streams) (RIN 3150-AI92) - The proposed rule
would amend the Commission's regulations to require operating and future
low-level radioactive waste disposal facilities to conduct a performance
assessment and an intruder assessment to demonstrate compliance with performance
objectives in 10 CFR Part 61, "Licensing Requirements for Land Disposal of
Radioactive Waste," to enhance safe disposal of low-level radioactive waste.
10
CFR Part 26 Drug Testing - U.S. Department of Health and Human Services (HHS)
Guidelines (RIN 3150-AI67) - The rule amends the Commission's regulations to
selectively align drug testing requirements in 10 CFR Part 26 with Federal drug
testing guidelines issued by HHS.
Domestic
Licensing of Source Material - Amendments and Integrated Safety Analysis (RIN 3150-AI50)
- The rule would amend the Commission's regulations by adding additional
requirements for licensees that possess significant quantities of uranium
hexafluoride. The proposed amendment would require these licensees to conduct
integrated safety analyses.
Five
Certificate of Compliance Rulemakings (RIN 3150-AJ10; RIN 3150-AJ12) - These rulemakings
would allow a power reactor licensee to store spent fuel in approved cask
designs under a general license.
Waste
Confidence Rule Update - The rule would update 10 CFR 51.23, "Temporary Storage
of Spent Fuel after Cessation of Reactor Operation - Generic Determination of
No Significant Environmental Impact," and the Commission's Waste Confidence
Decision if the Commission determines that spent nuclear fuel and high-level
waste could be safely stored onsite at nuclear power plants beyond 120 years.
Spent
Fuel Pool Make-Up (addresses Fukushima Dai-ichi Near-Term Task Force
Recommendation 7) - The rule would modify regulations to enhance the
reliability of spent fuel pool systems and equipment during a prolonged station
blackout event. The rule would affect the regulations related to
instrumentation that provides information about the condition of the spent fuel
pool and the capability for cooling and managing the inventory of water in the
pool.
Revision
of Fee Schedules and Fee Recovery for FY 2013 - The NRC will update its
requirement to recover approximately 90 percent of its budget authority in FY
2013.