NRC Regulatory Agenda Petitions
1. Petitioner/Petition Docket Number: State of Nevada (PRM-2-14)
Docket ID: NRC-2007-0011
Federal Register Citation: August 29, 2007 (72 FR 49668)
Subject: Specify Issues for the Yucca Mountain Mandatory Hearing
Summary: The petitioner requested that the Commission amend its regulations governing rules of practice in hearings by specifying the issues to be heard in this Amandatory@ hearing. The petitioner believes an amendment is necessary because NRC’s rules of practice currently only specify issues to be heard in mandatory hearings on nuclear reactor construction permits.
Final Action: A notice denying this petition was published in the Federal Register on October 22,2008 (73 FR 62931).
Agency Contact: Sean D. Croston, Office of the General Counsel,
(301) 415-2588, e-mail: Sean.Croston@nrc.gov
2. Petitioner/Petition Docket Number: Nuclear Energy Institute (PRM-50-71)
Docket ID: NRC-2000-0004
Federal Register Citation: May 31, 2000 (65 FR 34599)
Subject: Alternate cladding material
Summary: The petitioner requested that the Commission amend its regulations to allow nuclear power plant licensees to use zirconium-based cladding materials other than Zircaloy or ZIRLO,provided the cladding materials meet the requirements for fuel cladding performance and have received approval by the NRC staff. The petitioner believes the proposed amendment would improve the efficiency of the regulatory process by eliminating the need for individual licensees to obtain exemptions to use advanced cladding materials that have already been approved by the NRC.
Final Action: A resolution and closure of petition docket was published in the Federal Register on November 6, 2008 (73 FR 66000).
Agency Contact: Lynn M. Hall, Office of Nuclear Reactor Regulation,
(301) 415-3759, e-mail: Lynn.Hall@nrc.gov
3. Petitioner/Petition Docket Number: Anthony R. Pietrangelo, Nuclear Energy Institute (PRM-50-75)
Docket ID: NRC-2002-0018
Federal Register Citation: April 8, 2002 (67 FR 16654)
Subject: ECCS Models: Alternate maximum break size
Summary: The petitioner requested that the Commission amend its Emergency Core Cooling System (ECCS) regulations to allow the use of an alternative maximum pipe break size for the largest pipe in the reactor coolant system in ECCS evaluation models for Light-Water Nuclear Power Reactors.
Final Action: A resolution and closure of petition docket was published in the Federal Register on November 6, 2008 (73 FR 66000).
Agency Contact: Lynn M. Hall, Office of Nuclear Reactor Regulation,
(301) 415-3759, e-mail: Lynn.Hall@nrc.gov
4. Petitioner/Petition Docket Number: David Lochbaum on Behalf of the Project on Government Oversight and Union of Concerned Scientists (PRM-50-83)
Docket ID: NRC-2007-0012
Federal Register Citation: March 29, 2007 (72 FR 14713)
Subject: Security regulations
Summary: The petitioners request that the NRC amend its regulations to require periodic demonstrations by applicable local, State and Federal entities to ensure that nuclear power plants can be adequately protected against radiological sabotage greater than the design basis threat.
Final Action: A notice denying this petition was published in the Federal Register on
September 23, 2008 (73 FR 54744).
Agency Contact: Harry S. Tovmassian, Office of Nuclear Reactor Regulation,
(301) 415-3092, e-mail: Harry.Tovmassian@nrc.gov
5. Petitioner/Petition Docket Number: Mark Edward Leyse (PRM-50-84)
Docket ID: NRC-2007-0013
Federal Register Citation: May 23, 2007 (72 FR 28902)
Subject: New regulations needed to address the effects of crud, oxidation and hydrogen on zirconium fuel cladding
Summary: The petitioner requests that the NRC amend the regulations that govern domestic licensing of production and utilization facilities to 1) require that nuclear power facilities be operated to limit the thickness of crud (corrosion products) layers and/or the thickness of oxide layers on fuel rod cladding surfaces, 2) explicitly state: how crud and oxidation should considered in ECCS analyses, and 3) limited the hydrogen content of zirconium fuel cladding.
Final Action: A notice of resolution and closure of petition docket was published in the Federal Register on November 25, 2008 (73 FR 71564).
Agency Contact: Richard F. Dudley, Office of Nuclear Reactor Regulation,
(301) 415-1116, e-mail: Richard.Dudley@nrc.gov
6. Petitioner/Petition Docket Number: Thomas E. Magette, On Behalf of EnergySolutions, LLC* (PRM-50-88)
Docket ID: NRC-2007-0017
Federal Register Citation: August 21, 2007 (72 FR 46569)
Subject: Major radioactive components (MRCs)
Summary: The petitioner requested that the NRC’s regulations governing domestic licensing of production and utilization facilities be amended to provide a regulatory framework that would allow funds from licensees’ decommissioning trust funds to be used for the cost of disposal of “major radioactive components†(MRCs) that have been removed from reactors before the permanent cessation of operations.
Final Action: A notice denying this petition was published in the Federal Register on October 20, 2008 (73 FR 62220).
Agency Contact: Harry S. Tovmassian, Office of Nuclear Reactor Regulation,
(301) 415-3092, e-mail: Harry.Tovmassian@nrc.gov
7. Petitioner/Petition Docket Number: Strategic Teaming and Resource Sharing (STARS) Alliance (PRM-50-91)
Docket ID: NRC-2008-0263
Federal Register Citation: N/A
Subject: Amendment to 10 CFR 50.36, “Technical Specificationsâ€
Summary: The petitioner requested that the Commission amend its regulations to redesignate a paragraph numbering conflict introduced by a final rule “Licenses, Certifications and Approval for Nuclear Power Plants†(August 28, 2007; 72 FR 49352). The petitioner believes this is an administrative change only, and that there is adequate justification/precedent for the NRC to implement this requested petition by issuing a proposed rule and direct final rule concurrently.
Final Action: Resolution of this petition was addressed in the final rule, “Technical Specification Criteria†(RIN AI41; Docket ID NRC-2008-0263), published in the Federal Register on September 24, 2008 (73 FR 54931).
Agency Contact: Jason A. Lising, Office of Nuclear Reactor Regulation,
(301) 415-3220, e-mail: Jason.Lising@nrc.gov
8. Petitioner/Petition Docket Number: Massachusetts Attorney General (PRM-51-10)
Docket ID: NRC-2006-0022
Federal Register Citation: November 1, 2006 (71 FR 64169)
Subject: Environmental impacts of spent fuel storage
Summary: The petitioner requested that the Commission revoke certain regulations in their entirety, and revoke other regulations to the extent that these regulations, in the petitioner’s view, state, imply, or assume that the environmental impacts of storing spent nuclear fuel in high-density pools are not significant; issue a generic determination to clarify that the environmental impacts of high-density pool storage of spent fuel, will be considered significant; and require that any NRC licensing decision concerning high-density pool storage of spent nuclear fuel be accompanied by an environmental impact statement that addresses the environmental impacts of this storage and alternatives for avoiding or mitigating any environmental impacts. The petitioner is seeking the generic treatment of spent fuel pool hazards because he believes that a pool accident at any operating nuclear power plant in the New England and Mid-Atlantic states could significantly affect the health, environmental, and economic well-being of Massachusetts.
Final Action: A notice denying this petition was published in the Federal Register on August 8, 2008 (73 FR 46204).
Agency Contact: L. Mark Padovan, Office of Nuclear Reactor Regulation,
(301) 415-1423, e-mail: Mark.Padovan@nrc.gov
9. Petitioner/Petition Docket Number: California Attorney General (PRM-51-12)
Federal Register Citation: May 14, 2007 (72 FR 27068)
Subject: Environmental impacts of spent fuel storage
Summary: The petitioner requests that NRC rescind its regulations that declare the potential environmental effects of the approval, construction, and operation of high-density pool storage of spent nuclear fuel are not and cannot be significant for purposes of the National Environmental Policy Act (NEPA) and NEPA analysis; adopt and issue a generic determination that approval of such storage at a nuclear power plant or any other facility does constitute a major Federal action that may have a significant effect on the human environment; and order that no NRC licensing decision that approves high-density pool storage of spent nuclear fuel at a nuclear power plant or other storage facility may issue without the prior adoption and certification of an environmental
impact statement (EIS) that complies with NEPA in all respects, including full identification, analysis, and disclosure of the potential environmental effects of such storage, including the potential for accidental or deliberately caused release of radioactive products to the environment, whether by accident or through acts of terrorism, as well as full and adequate discussion of potential mitigation for such effects, and full discussion of an adequate array or alternatives to the proposed storage project.
Final Action: A notice denying this petition was published in the Federal Register on August 8, 2008 (73 FR 46204).
Agency Contact: L. Mark Padovan, Office of Nuclear Reactor Regulation,
(301) 415-1423, e-mail: Mark.Padovan@nrc.gov
10. Petitioner/Petition Docket Number: Christine O. Gregoire, Governor of the State of Washington (PRM-71-13)
Docket ID: NRC-2007-0022
Federal Register Citation: April 27, 2007 (72 FR 20962)
Subject: Transportation requirements
Summary: The petitioner requests that the NRC adopt the use of global positioning satellite (GPS) tracking as a national requirement for mobile or portable uses of highly radioactive sources.
Final Action: A notice of resolution and closure of petition docket was published in the Federal Register on July 16, 2008 (73 FR 40767).
Agency Contact: Thomas F. Young, Office of Federal and State Materials and
Environmental Management Programs, (301) 415-5795, e-mail: Thomas.Young@nrc.gov
11. Petitioner/Petition Docket Number: Three Mile Island Alert (Scott Portzline) (PRM-73-11)
Docket ID: NRC-2001-0023
Federal Register Citation: November 2, 2001 (66 FR 55603)
Subject: Post at least one armed guard at each entrance to the Aowner controlled areas@
surrounding all U.S. nuclear power plants
Summary: The petitioner requested that the Commission amend its regulations governing the physical protection of plants and materials to require NRC licensees to post at least one armed guard at each entrance to the Aowner controlled areas@ surrounding all U.S. nuclear power plants by adding armed site protection officers to the security forces.
Final Action: A notice of receipt for this petition was published in the Federal Register on November 2, 2001 (66 FR 55603). The public comment period closed on January 16, 2002. This petition is being resolved as part of the Power Reactor Security Requirements rulemaking (RIN 3150-AG63). A notice of consideration in the rulemaking process was published in the Federal Register on July 29, 2008 (73 FR 43874). This petition is being addressed in a final rule “Power Reactor Security Requirements.†This rule is scheduled to be published in March 2009.
Agency Contact: Timothy Reed, Office of Nuclear Reactor Regulation,
(301) 415-1462, e-mail: Timothy.Reed@nrc.gov
12. Petitioner/Petition Docket Number: Union of Concern Scientists (PRM-73-13)
Docket ID: NRC-2007-0023
Federal Register Citation: April 9, 2007 (72 FR 17440)
Subject: Security regulations
Summary: The petitioner requests that the NRC amend its regulations to close a loophole in current regulations that would enable persons who do not meet trustworthiness and reliability standards for unescorted access to protected areas of nuclear power plants to enter protected areas with an unarmed escort. The petitioner believes that current regulations create a security vulnerability that could potentially compromise public health and safety.
Final Action: A notice of receipt for this petition was published in the Federal Register on April 9, 2007 (72 FR 17440). The public comment period closed on June 25, 2007. The petition was closed, and a notice of consideration in the rulemaking process was published in the Federal Register on July 29, 2008 (73 FR 43874). This petition is being addressed in a final rule “Power Reactor Security Requirements.†This rule is scheduled to be published in March 2009.
Agency Contact: Timothy A. Reed, Office of Nuclear Reactor Regulation,
(301) 415-1462, e-mail: Timothy.Reed@nrc.gov
 Pending petitions:
13. Petitioner/Petition Docket Number: Organization of Agreement States (PRM-31-05)
Docket ID: NRC-2005-0018
Federal Register Citation: December 20, 2005 (70 FR 75423)
Subject: Byproduct material; domestic licensing: Industrial devices
Summary: The petitioner is requesting that the NRC amend its regulations to require specific licensing for devices that are currently regulated by a combination of general licensing and registration, and to revise the compatibility category for § 31.6 from “B†to “C.â€
Final Action: A notice of receipt was published in the Federal Register on December 20, 2005 (70 FR 75423). The public comment closed March 6, 2006. The petition was resolved in July 2007, and is being considered in the rulemaking, General License Restrictions (RIN: 3150-AI33).
Agency Contact: Solomon Sahle, Office of Federal and State Materials and
Environmental Management Programs, (301) 415-3781, e-mail: Solomon.Sahle@nrc.gov
14. Petitioner/Petition Docket Number: State of Colorado and Organization of Agreement States (PRM-40-27)
Docket ID: NRC-2008-0453
Federal Register Citation: July 7, 1999 (64 FR 36615)
Subject: Exemption for source material general licensees
Summary: The petitioner requested that the Commission amend its regulations to restrict the exemption in 10 CFR 40.22(b) for source material general licensees from the radiation protection and worker notification requirements in 10 CFR Parts 19 and 20. Current NRC regulations exempt source material general licensees from the requirements that specify standards of protection against radiation and notification of individuals who participate in licensed activities. The petitioner believes that no basis exists for exempting these licensees from compliance with radiation safety standards if a licensee can exceed currently specified dose limits, create areas where individuals may be exposed to radiation, or dispose of radioactive waste in a manner that is not permitted for
other licensees.
Final Action: A notice of receipt for this petition was published in the Federal Register on July 7, 1999 (64 FR 36615). The public comment period closed on September 20, 1999. The petition is being considered as part of the proposed rulemaking “Distribution of Source Materials to Exempt Persons and General Licensees and Revision of 10 CFR 40.22 General License (Part 40, RIN: 3150-AH15).
15. Petitioner/Petition Docket Number: Westinghouse Electric Company (PRM-50-69)
Docket ID: NRC-2000-0019
Federal Register Citation: February 8, 2000 (65 FR 6044)
Subject: Reactor vessel head closure flange requirements
Summary: The petitioner requested that the Commission amend its regulations governing pressure and temperature limits for the reactor pressure vessel to eliminate requirements for the metal temperature of the closure head flange and vessel flange regions. The petitioner believes the elimination of the flange requirement has no impact on boiling-water reactors and could improve plant safety in pressurized-water reactors.
Final Action: A notice of receipt for this petition was published in the Federal Register on February 8, 2000 (65 FR 6044). The public comment period closed on April 24, 2000. The staff is working to complete action documenting the resolution of the petition. Resolution of this petition will be achieved with the proposed rulemaking to modify 10 CFR Part 50, Appendix C (RIN AG98; Docket ID NRC-2008-0582).
Agency Contact: Carolyn J. Fairbanks, Office of Nuclear Reactor Regulation,
(301) 415-6719, e-mail: Carolyn.Fairbanks@nrc.gov
16. Petitioner/Petition Docket Number: Bob Christie (PRM-50-77)
Docket ID: NRC-2002-0020
Federal Register Citation: June 13, 2002 (67 FR 40622)
Subject: Elimination of assumed loss of offsite power coincident with postulated accidents
Summary: The petitioner requested that the Commission amend its regulations at 10 CFR Part 50, Appendix A, to eliminate the requirements for assuming a loss-of-offsite power (LOOP) coincident with postulated accidents. The petitioner believes that this requirement is detrimental to safety because it results in fast start time requirements for emergency diesel generators and because it requires operator training to focus on unrealistic events.
Final Action: A notice of receipt for this petition was published in the Federal Register on June 13, 2002 (67 FR 40622). The public comment period closed on August 27, 2002. The staff is working to complete action documenting the resolution of the petition in conjunction with the rulemaking entitled “Decoupling of Assumed Loss of Offsite Power From Loss-of-Coolant Accident†(RIN 3150- AH43). Since the petitioner’s issues are being addressed by this ongoing rulemaking activity, the NRC is preparing documentation to close this petition for rulemaking. This action is anticipated to be complete in March 2009.
Agency Contact: Barry W. Miller, Office of Nuclear Reactor Regulation,
(301) 415-4117, e-mail: Barry.Miller@nrc.gov
17. Petitioner/Petition Docket Number: Eric Epstein, Three Mile Island Alert, Inc. (PRM-50-85)
Docket ID: NRC-2007-0014
Federal Register Citation: July 10, 2007 (72 FR 37626)
Subject: Emergency preparedness
Summary: The petitioner requested that the Commission amend its regulations regarding emergency preparedness to require that all host school pick-up centers be at a minimum distance of five to ten miles beyond the radiation plume exposure boundary zone to ensure that all school children are protected in the event of a radiological emergency.
Final Action: A notice of receipt for this petition was published in the Federal Register on July 10, 2007 (72 FR 37626). The public comment period closed on September 24, 2007. Resolution and closure of this the petition is anticipated in January 2009.
Agency Contact: Harry Tovmassian, Office of Nuclear Reactor Regulation,
(301) 415-3092, e-mail: Harry.Tovmassian@nrc.gov
18. Petitioner/Petition Docket Number: Raymond A. Crandall (PRM-50-87)
Docket ID: NRC-2007-0016
Federal Register Citation: July 12, 2007 (72 FR 38030)
Subject: Radiological doses for control room habitability at nuclear power plants
Summary: The petitioner requested that the Commission amend the regulations that govern domestic licensing of production and utilization facilities to eliminate the specific criteria related to the radiological doses for control room habitability at nuclear power plants. The petitioner believes that the current deterministic radiological dose requirements for control room habitability have resulted in several negative safety consequences, including an increased risk to public safety.
Final Action: A notice of receipt for this petition was published in the Federal Register on July 12, 2007 (72 FR 38030). The public comment period closed on September 25, 2007. Resolution and closure of this petition is anticipated in January 2009.
Agency Contact: Jason A. Lising, Office of Nuclear Reactor Regulation,
(301) 415-3220, e-mail: Jason.Lising@nrc.gov
19. Petitioner/Petition Docket Number: Natural Resources Defense Council (PRM-50-90)
Docket ID: NRC-2008-0279
Federal Register Citation: May 27, 2008 (73 FR 30321)
Subject: Domestic licensing of production and utilization facilities
Summary: The petitioner is requesting that the NRC amend the regulations that govern domestic licensing of production and utilization facilities, and special nuclear material to establish a date when the NRC will no longer license the use or export of highly enriched uranium (HEU) except for restricted use by a few specialized facilities. The petitioner believes that the amendment is needed to protect the public from potential exposure to an improvised nuclear explosive device made with HEU and used by terrorists.
Final Action: A notice of receipt for this petition was published in the Federal Register on May 27, 2008 (73 FR 30321). The public comment period closes on August 11, 2008. Resolution and closure of this petition is expected in May 2009.
Agency Contact: Robert Beall, Office of Nuclear Reactor Regulation,
(301) 415-3874, e-mail: Robert.Beall@nrc.gov
20. Petitioner/Petition Docket Number: James Luehman (PRM-50-92)
Docket ID: NRC-2008-0492
Federal Register Citation: N/A
Subject: Domestic licensing of production and utilization facilities
Summary: The petitioner requested that the Commission amend its regulations regarding the domestic licensing of production and utilization facilities to clarify or change the standards for sustaining a violation of the employee protection regulations contained in § 50.7.
Final Action: A notice of receipt was not published for this petition. This petition is being addressed in the rulemaking process. Resolution of the petition is undetermined.
Agency Contact: Geary S. Mizuno, Office of the General Counsel,
(301) 415-1639, e-mail: Geary.Mizuno@nrc.gov
21. Petitioner/Petition Docket Number: State of Nevada (PRM-73-10)
Docket ID: NRC-2000-0026
Federal Register Citation: September 13, 1999 (64 FR 49410)
Subject: Safeguards for shipments of spent nuclear fuel against sabotage and terrorism
Summary: The petitioner requested that the Commission conduct a comprehensive assessment of the consequences of terrorist attacks that have the capability of radiological sabotage, including attacks against transportation infrastructure used during nuclear waste shipments, attacks involving capture of nuclear waste shipments and use of high-energy explosives against a cask or casks, and direct attacks upon a nuclear waste shipping cask or casks using antitank missiles or other military weapons.
Final Action: A notice of receipt for this petition was published in the Federal Register on September 13, 1999 (64 FR 49410). The public comment period closed on January 28, 2000. In light of the September 11, 2001, terrorist attack on the United States, the Commission directed the staff to reevaluate NRC’s safeguards and physical security programs for licensed facilities and activities, including transportation of spent nuclear fuel and high level waste. Any revision to NRC’s regulations and guidance will be based on that review. Resolution of the petition is scheduled for FY 2009.
Agency Contact: Naiem Tanious, Office of Federal and State Materials and Environmental Management Programs,
(301) 415-6103, e-mail: Naiem.Tanious@nrc.gov
22. Petitioner/Petition Docket Number: Brian Mann, Technical Specifications Task Force* (PRM-170-6)
Docket ID: NRC-2008-0496
Federal Register Citation: N/A
Subject: Exemption from NRC review fees
Summary: The petitioner requests that the NRC amend its regulations to provide explicit exemption from NRC review fees for activities associated with generic improvement to the Improved Standard Technical Specifications.
Final Action: A notice of receipt was not published for this petition. This petition is being addressed in the rulemaking process. Resolution and closure of this petition is expected in February 2009.
Agency Contact: Rebecca Ericson, Office of the Chief Financial Officer, (301) 415-7126, e-mail: Rebeca.Ericson@nrc.gov