[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2425-2426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-611]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0263]


Draft Regulatory Guide: Reissuance and Availability

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Reissuance and Availability of Draft Regulatory Guide 
(DG)-1229.

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FOR FURTHER INFORMATION CONTACT: Aaron Szabo, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone: 301-415-1985 or e-
mail: <a href="/cdn-cgi/l/email-protection#92d3f3e0fdfcbcc1e8f3f0fdd2fce0f1bcf5fde4"><span class="__cf_email__" data-cfemail="96d7f7e4f9f8b8c5ecf7f4f9d6f8e4f5b8f1f9e0">[email protected]</span></a>.
SUMMARY: DG-1229 was previously issued for public comment in June 2009, 
and the Commission approved RG 1.159 subject to changes which are 
spelled out in a Staff Requirements Memorandum dated October 25, 2010 
(ML1029805650). Because of the nature of the changes, the draft guide 
is being reissued for comment, and during that period, NRR will hold a 
public workshop to solicit comments from stakeholders and other 
relevant experts on the use of the net present value method for parent 
guarantees in license transfer cases.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is issuing for public 
comment a draft guide in the agency's ``Regulatory Guide'' series. This 
series was developed to describe and make available to the public such 
information as methods that are acceptable to the NRC staff for 
implementing specific parts of the NRC's regulations, techniques that 
the staff uses in evaluating specific problems or postulated accidents, 
and data that the staff needs in its review of applications for permits 
and licenses.
    The draft regulatory guide (DG), entitled, ``Assuring the 
Availability of Funds for Decommissioning Nuclear Reactors,'' is 
temporarily identified by its task number, DG-1229, which should be 
mentioned in all related correspondence. DG-1229 is proposed Revision 2 
of Regulatory Guide 1.159, dated October 2003.
    The general requirements for applications for license termination 
and decommissioning nuclear power, research, and test reactors appear 
in Title 10, Part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' of the Code of Federal Regulations (10 CFR 
Part 50). Subsequent to the original publication of this regulatory 
guide in August 1990, the NRC promulgated amendments to 10 CFR Part 50 
in the Federal Register on September 22, 1998 (63 FR 50465). Various 
amendments modified 10 CFR 50.33(k), 10 CFR 50.75, ``Reporting and 
Recordkeeping for Decommissioning Planning,'' and 10 CFR 50.82(b), 
which require operating license applicants and existing licensees to 
submit information on how reasonable assurance will be provided that 
funds are available to decommission the facility. The NRC promulgated 
additional amendments to 10 CFR 50.75 on December 24, 2002, in the 
Federal Register (67 FR 78332). As amended, 10 CFR 50.75 establishes 
requirements for indicating how this assurance will be provided; 
namely, the amount of funds that must be provided, including updates; 
the methods to be used for assuring funds; and provisions contained in 
trust agreements for safeguarding decommissioning funds. This document 
provides guidance to applicants and licensees of nuclear power, 
research, and test reactors concerning methods acceptable to the staff 
of the NRC for complying with requirements in the rules regarding the 
amount of funds for decommissioning. It also provides guidance on the 
content and form of the financial assurance mechanisms in those rule 
amendments.

II. Further Information

    The NRC staff is soliciting comments on DG-1229. Comments may be 
accompanied by relevant information or supporting data and should 
mention DG-1229 in the subject line. Comments submitted in writing or 
in electronic form will be made available to the public in their 
entirety through the

[[Page 2426]]

NRC's Agencywide Documents Access and Management System (ADAMS).

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2009-0263 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
posted on the NRC website and on the Federal rulemaking website 
Regulations.gov. Because your comments will not be edited to remove any 
identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    Federal Rulemaking Website: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2009-0263. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#357654475a591b7254595954525d5047755b47561b525a43"><span class="__cf_email__" data-cfemail="206341524f4c0e67414c4c4147484552604e52430e474f56">[email protected]</span></a>.
    Mail comments to: Cindy K. Bladey, Chief, Rules, Announcements, and 
Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or 
by fax to RDB at 301-492-3446.
    You can access publicly available documents related to this notice 
using the following methods:
    NRC's Public Document Room (PDR): The public may examine and copy 
for a fee publicly available documents at the NRC's PDR, Room O1 F21, 
One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#cabaaeb8e4b8afb9a5bfb8a9af8aa4b8a9e4ada5bc"><span class="__cf_email__" data-cfemail="601004124e1205130f15120305200e12034e070f16">[email protected]</span></a>. The Regulatory Analysis is available 
electronically under ADAMS Accession Number ML103350166.
    Comments would be most helpful if received by March 14, 2011. 
Comments received after that 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. Although a time limit is given, 
comments and suggestions in connection with items for inclusion in 
guides currently being developed or improvements in all published 
guides are encouraged at any time.
    Electronic copies of DG-1229 are available through the NRC's public 
Web site under Draft Regulatory Guides in the ``Regulatory Guides'' 
collection of the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/doc-collections/. Electronic copies are also available in 
ADAMS (http://www.nrc.gov/reading-rm/adams.html), under Accession No. 
ML103350136.
    Regulatory guides are not copyrighted, and Commission approval is 
not required to reproduce them.

    Dated at Rockville, Maryland, this 6th day of January, 2011.

    For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guide, Development Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2011-611 Filed 1-12-11; 8:45 am]
BILLING CODE 7590-01-P


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