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NRC RIN: 3150-AJ59 Publication ID: Fall 2017 
Title: Regulatory Improvements for Power Reactors Transitioning to Decommissioning [NRC-2015-0070] 
Abstract:

When compared to potential accidents at an operating reactor, the risk of an offsite radiological release is significantly lower, and the types of possible accidents are significantly fewer, at a nuclear power reactor that has permanently ceased operations and removed fuel from the reactor vessel than at an operating reactor. These shutdown reactors remain subject to many of the same requirements as operating reactors.  Because the development of regulations for operating nuclear power plants often did not consider decommissioning, the requirements imposed on decommissioning nuclear power reactors may be inappropriate, may not be applicable, or may not align with safety significance. In SRM-SECY-14-0118, the Commission directed the staff to proceed with rulemaking on decommissioning and set an objective of early 2019 for completion of this rulemaking.  The Commission also stated that this rulemaking should address:  issues discussed in SECY-00-0145, such as the graded approach to emergency preparedness; lessons learned from the plants that have already (or are currently) going through the decommissioning process; the advisability of requiring a licensee’s Post-Shutdown Decommissioning Activity Report to be approved by the Nuclear Regulatory Commission; the appropriateness of maintaining the three existing options for decommissioning and the timeframes associated with those options; the appropriate role of State and local governments and non-governmental stakeholders in the decommissioning process; and any other issues deemed relevant by the Nuclear Regulatory Commission staff. 

 

 
Agency: Nuclear Regulatory Commission(NRC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Independent agency 
CFR Citation: 10 CFR 50    10 CFR 73    10 CFR 26    10 CFR 140   
Legal Authority: 42 U.S.C. 2201    42 U.S.C. 5841   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  11/19/2015  80 FR 72358   
ANPRM Comment Period End  01/04/2016 
ANPRM Extension of Comment Period   12/28/2015  80 FR 80709   
ANPRN Extension of Comment Period End  03/18/2016 
Draft Regulatory Basis  03/15/2017  82 FR 13778   
Draft Regulatory Basis Comment Period End  06/13/2017 
Final Regulatory Basis  11/00/2017 
NPRM  11/00/2018 
Final Rule  02/00/2020 
Additional Information: The Commission directed the NRC staff to proceed with preliminary rulemaking efforts in the Staff Requirements Memorandum on SECY-14-0118, "Request by Duke Energy Florida, Inc., for Exemptions from Certain Emergency Planning Requirements," which can be accessed in ADAMS under Accession No. ML14364A111. The Commission also instructed the staff to continue processing licensing actions and exemptions associated with reactors transitioning to decommissioning in a timely manner. The staff published an Advance Notice of Proposed Rulemaking (ANPR) on November 19, 2015 (80 FR 72358), and the public comment period ended on January 4, 2016. An extension of the comment period was published on December 28, 2015 (80 FR 80709). The comment period closed on March 18, 2016, providing a comment period of 120 days. A public meeting was held to discuss the contents of the ANPR on December 9, 2015. The staff is currently developing the regulatory basis for the rule, and will use comments received on the ANPR to inform its regulatory basis.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Alysia Bone
Nuclear Regulatory Commission
Office of Nuclear Material Safety and Safeguards,
Washington, DC 20555-0001
Phone:301 415-1034
Email: alysia.bone@nrc.gov