REGULATIONS AND AMENDMENTS PUT INTO EFFECT - FY 2007 

National Source Tracking of Sealed Sources - Parts 20 and 32 - RIN AH48 

 On November 8, 2006 (71 FR 65685), the NRC published an amendment to its 

regulations, effective February 6, 2007, to implement a National Source Tracking System for 

certain sealed sources. Compliance with the reporting provisions in 10 CFR 20.2207 is required 

by November 15, 2007, for Category 1 Sources, and November 30, 2007, for Category 2 

Sources. The amendments require licensees to report certain transactions involving these 

sealed sources to the National Source Tracking System. These transactions include 

manufacture, transfer, receipt, disassembly, or disposal of nationally tracked sources. The 

amendments also require each licensee to provide its initial inventory of nationally tracked 

sources to the National Source Tracking System and annually reconcile the information in the 

system with the licensee’s actual inventory. In addition, the amendments require manufacturers 

to assign a unique serial number to each nationally tracked source. 

List of Approved Spent Fuel Storage Casks: NUHOMS HD Addition - Part 72 - RIN AH93 

 On December 11, 2006 (71 FR 71463), the NRC published an amendment to its 

regulations, effective January 10, 2007, to add the NUHOMS HD cask system to the list of 

approved spent fuel storage casks. The final rule allows the holders of power reactor operating 

licenses to store spent fuel in this approved cask system under a general license. A correction 

to this rulemaking was published February 7, 2007 (72 FR 5595) to correct an erroneous date. 

 

Export and Import of Nuclear Material; Exports to Libya Restricted - Part 110 - RIN AI02 

 On January 12, 2007 (72 FR 1426), the NRC published an amendment to its 

export/import regulations, effective immediately, to move Libya from the list of embargoed 

destinations to the list of restricted designations. This amendment is necessary to conform the 

NRC’s regulations to U.S. Government foreign policy. 

Secure Transfer of Nuclear Materials - Part 73 - RIN AH90 

 On January 24, 2007 (72 FR 3025), the NRC published an amendment to its regulations, 

effective February 23, 2007, to implement requirements for secure transfer of nuclear materials 

as required by Section 656 of the Energy Policy Act of 2005, signed into law on August 8, 2005. 

The final rule implements Section 656 by specifically exempting certain licensees from 

provisions of Section 170I of the Atomic Energy Act of 1954, as amended. 

Relief From Fingerprinting and Criminal History Records Checks - Part 73 - RIN AI04 

 On February 2, 2007 (72 FR 4945), the NRC published an amendment to its regulations, 

effectively immediately, to relieve certain categories of individuals from the requirement to 

undergo fingerprinting, identification, and criminal history records checks under Section 149 of 

the Atomic Energy Act of 1954, as amended, before being permitted unescorted access to 

radioactive materials or other property subject to regulation by the Commission that the 

Commission determines to be of such significance to the public health and safety or the 

common defense and security as to warrant such checks. 
 - 2 -

Design Basis Threat - Part 73 - RIN AH60 

 On March 19, 2007 (72 FR 12705), the NRC published an amendment to its regulations, 

effective April 18, 2007, to revise the requirements pertaining to the design basis threats 

(DBTs). This final rule makes generically applicable security requirements similar to those 

previously imposed by the Commission’s DBT Orders of April 29, 2003, based upon experience 

and insights gained by the Commission during implementation, and redefines the level of 

security requirements necessary to ensure that the public health and safety and common 

defense and security are adequately protected. Under Section 170E of the Atomic Energy Act, 

the final rule revises the DBT requirements for radiological sabotage, generally applicable to 

power reactors and Category I fuel cycle facilities, and for theft or diversion of NRC-licensed 

Strategic Special Nuclear Material, applicable to Category I fuel cycle facilities Also, this final 

rule addresses the NRC’s final disposition of PRM-73-12 by partially granting the petition. 

Access Authorization Fees - Parts 11 and 25 - RIN AH99 

 On May 16, 2007 (72 FR 27408), the NRC published an amendment to its access 

authorization fees charged to licensees for work performed under the Material Access 

Authorization Program (MAP) and the Information Access Authority Program. This amendment 

was effective on June 15, 2007. The amended cost is due to an increase of the review time for 

each application for access authorization. The formula for calculating fees remains the same as 

based on current Office of Personnel Management (OPM) billing rates for personnel 

background investigations. The formula is designed to recover the full cost of processing a 

request for access authorization from the licensee. The use of the fee assessment formula tied 

to current OPM billing rates eliminates the need for the NRC to update its access authorization 

fee schedules through regular rulemakings. 

Revision of Fee Schedules; Fee Recovery for FY 2007 - Parts 170 and 171 -RIN AI00

 On June 6, 2007 (72 FR 31401), the NRC published an amendment to its licensing, 

inspection, and annual fees charged to its applicants and licensees. This amendment was 

effective on August 6, 2007. This amendment implements the Omnibus Budget Reconciliation 

Act of 1990 (OBRA-90), as amended, which requires that the NRC recover approximately 90 

percent of its budget authority in fiscal year (FY) 2007, less the amounts appropriated from the 

Nuclear Waste Fund and for Waste Incidental to Reprocessing activities and generic homeland 

security activities. The required fee recovery amount for the FY 2007 budget is approximately 

$ 669.2 million. After accounting for carryover and billing adjustments, the net amount to be 

recovered is approximately $670.5 million. A correction to this final rule was published on July 

26, 2007 (72 FR 41009). This document corrected an erroneous amendatory instruction. 

Administrative Changes - 10 CFR Chapter I - RIN AI18 

 On June 18, 2007 (72 FR 33386), the NRC published an amendment to its regulations, 

effective immediately, to update a telephone number for the Office of Information Services and 

an NRC Web site location. This document is necessary to inform the public of these changes to 

the NRC’s regulations. 
 - 3 -

Conforming Administrative Changes - Part 70 - RIN AH62

 On June 27, 2007 (72 FR 35144), the NRC published an amendment, effective 

immediately, making conforming changes to citations in the NRC’s regulations. This action is 

necessary to inform the public of these changes to the NRC’s regulations. 

Use of Electronic Submissions in Agency Hearings - Parts 1, 2, 13, and 110 - RIN AH74 

 On August 28, 2007 (72 FR 49139), the NRC published an amendment, effective 

October 15, 2007, to require the use of electronic submissions in all agency hearings, consistent 

with the existing practice for the high-level radioactive waste repository application (which is 

covered under a separate set of regulations). The amendments require the electronic 

transmission of electronic documents in submissions made to the NRC’s adjudicatory boards. 

Although exceptions to these requirements are established to allow paper filings in limited 

circumstances, the NRC maintains a strong preference for fully electronic filing and service. 

The final rule builds upon prior NRC rules and developments in the Federal courts regarding the 

use of electronic submissions. 

Licenses, Certifications, and Approvals for Nuclear Power Plants - Parts 1, 2, 10, 19, 20, 

21, 25, 26, 50, 51, 52, 54, 55, 72, 73, 75, 95, 140, 170, and 171 - RIN AG24 

 On August 28, 2007 (72 FR 49351), the NRC published an amendment to its 

regulations, effective September 27, 2007, to revise the provisions applicable to the licensing 

and approval processes for nuclear power plants (i.e., early site permit, standard design 

approval, standard design certification, combined license, and manufacturing license). These 

amendments clarify the applicability of various requirements to each of the licensing processes 

by making necessary conforming amendments throughout the NRC’s regulations to enhance 

the NRC’s regulatory effectiveness and efficiency in implementing its licensing and approval 

processes. 

DIRECT FINAL RULES 

List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 3 - Part 72 - RIN 

AH98 

 On October 16, 2006 (71 FR 60659), the NRC published a direct final rule that revises 

the Holtec International HI-STORM 100 cask system listing within the list of approved spent fuel 

storage casks to include Amendment No. 3 to Certificate of Compliance Number 1014. The 

companion proposed rule was published on October 16, 2006 (71 FR 60672). This direct final 

rule was withdrawn on December 27, 2006 (71 FR 77586), because of the receipt of significant 

adverse comments. The final rule was published on April 26, 2007 (72 FR 20712). The final 

rule was effective on May 29, 2007. 

Criticality Control of Fuel Within Dry Storage Casks or Transportation Packages in a 

Spent Fuel Pool - Part 50 - RIN AH95 

 On November 16, 2006 (71 FR 66648), the NRC published a direct final rule, effective 

on January 30, 2007, that revises its regulations that govern domestic licensing of production 

and utilization facilities so that the requirements governing criticality control for spent fuel pool 
 - 4 -

storage racks do not apply to the fuel within a spent fuel transportation package or storage cask 

when a package or cask is in a spent fuel pool. These packages and casks are subject to 

separate criticality control requirements. The companion proposed rule was published on 

November 16, 2006 (71 FR 66705). The confirmation of effective date was published on 

January 26, 2007 (72 FR 3705). 

Facility Change Process Involving Items Relied on for Safety - Part 70 - RIN AH96 

 On December 1, 2006 (71 FR 69430), the NRC published a confirmation of effective 

date for the direct final rule that was published on September 27, 2006 (71 FR 56344). This 

direct final rule amended the NRC’s regulations to clarify a requirement pertaining to items 

relied on for safety (IROFS). This rulemaking corrected an inconsistency in the regulations 

pertaining to IROFS. 

 

List of Approved Spent Fuel Storage Casks: Standardized NUHOMS System Revision 9 - 

Part 72 - RIN AI03 

 On February 1, 2007 (72 FR 4615), the NRC published a direct final rule, effective April 

17, 2007, that revises the Transnuclear, Inc., Standardized NUHOMS System listing within the 

list of approved spent fuel storage casks to include Amendment No. 9 to Certificate of 

Compliance Number 1004. The companion proposed rule was published on February 1, 2007 

(72 FR 4660). The confirmation of effective date was published on April 17, 2007 (72 FR 

19109). 

List of Approved Spent Fuel Storage Casks: NAC-MPC Revision 5 - Part 72 - RIN AI13 

 On May 10, 2007 (72 FR 26535), the NRC published a direct final rule that revises the 

NAC International, Inc., NAC-Multi-Purpose Canister (MPC) system listing within the list of 

approved spent fuel storage casks to include Amendment No. 5 to Certificate of Compliance 

Number 1025. The companion proposed rule was published on May 10, 2007 (72 FR 26568). 

The confirmation of effective date was published on July 13, 2007 (72 FR 38468). 

Emergency Preparedness Policies Developed for Nuclear Materials Facilities - Part 1 - 

RIN AI17 

 On May 21, 2007 (72 FR 28449), the NRC published a direct final rule, effective August 

6, 2007, amending its regulations that govern organization and functions of NRC offices. This 

action is necessary to clarify emergency preparedness program responsibilities of the Office of 

Nuclear Security and Incident Response. The current limiting reference “nuclear reactors” is 

replaced with the phrase “nuclear facilities.” The companion proposed rule was published on 

May 21, 2007 (28455). A notice confirming the effective date was not published. 

NRC Size Standards - Parts 2 and 171 - RIN AI15 

 On August 10, 2007 (72 FR 44951), the NRC published a direct final rule, effective 

October 24, 2007, amending the size standards it uses to qualify an NRC licensee as a small 

entity under the Regulatory Flexibility Act and making the same change to its annual fee rule. 

NRC is increasing the receipts-based small business size standard from $5 million to $6.5 

million to conform to the standard set by the Small Business Administration (SBA). This size 

standard reflects the most commonly used SBA size standard for the non-manufacturing 
 - 5 -

industries. The companion proposed rule was published on August 10, 2007 (72 FR 44988). 

The confirmation of effective date was published on September 28, 2007 (72 FR 55019). 

Medical Use of Byproduct Material - Minor Corrections and Clarifications - Parts 32 and 

35 - RIN AH14

 On August 13, 2007 (72 FR 45147), the NRC published a direct final rule, effective 

October 29, 2007, to correct or clarify the rule language in several sections in the regulations 

that govern specific domestic licenses to manufacture or transfer certain items containing 

byproduct material and medical use of byproduct material. The regulations that govern medical 

use of byproduct materials were amended in their entirety on April 24, 2002 (67 FR 20249). 

Subsequently, these regulations were amended again to revise the training and experience 

requirements for the medical use of byproduct material on March 30, 2005 (70 FR 16336). 

Through implementation of these revised regulations, the NRC has identified additional changes 

that need to be made to these regulations. The companion proposed rule was published on 

August 13, 2007 (72 FR 45181). The confirmation of effective date was published on 

September 24, 2007 (72 FR 54207). 

List of Approved Spent Fuel Storage Casks: TN-68 Revision 1 - Part 72 - RIN AI21 

 On August 16, 2007 (72 FR 45880), the NRC published a direct final rule, effective 

October 30, 2007, that revises the Transnuclear, Inc., TN-68 dry storage cask system listing 

within the list of approved spent fuel storage casks to include Amendment No. 1 to Certificate of 

Compliance Number 1027. The companion proposed rule was published on August 16, 2007 

(72 FR 45948). 

REGULATIONS AND AMENDMENTS PROPOSED 

Licenses, Certifications, and Approvals for Nuclear Power Plants; Supplemental 

Proposed Rule - Parts 2, 50, 51, and 52 - RIN AG24 

On October 17, 2006 (71 FR 61329), the NRC published a supplement to a proposed 

rule (Licenses, Certifications, and Approvals for Nuclear Power Plants) published on March 13, 

2006 (71 FR 12782). The NRC is proposing to supplement that proposed rule by amending the 

regulations applicable to limited work authorizations (LWA), which allow limited construction 

activities on nuclear power plants to commence before a construction permit or combined 

license is issued. This supplemental proposed rule would modify the scope of activities that are 

considered construction requiring a LWA and would also make changes to the review and 

approval process for LWA requests. The NRC is proposing these changes to enhance the 

efficiency of its licensing and approval process for new nuclear reactors. 

Power Reactor Security Requirements - Parts 50, 72, and 73 - RIN AG63 

On October 26, 2006 (71 FR 62663), the NRC published a proposed rule that would 

amend the current security regulations and add new security requirements pertaining to nuclear 

power reactors. Additionally, this rulemaking would include new security requirements for 

Category I strategic special nuclear material (SSNM) facilities for access to enhanced weapons 

and firearms background checks. The proposed rulemaking would make generically applicable 

security requirements imposed by Commission orders issued after the terrorist attacks of 
 - 6 -

September 11, 2001, based upon experience and insights gained by the Commission during 

implementation; fulfill certain provisions of the Energy Policy Act of 2005; add several new 

requirements that resulted from insights from implementation of the security orders, review of 

site security plans, and implementation of the enhanced baseline inspection program and forceon-force exercises; update the regulatory framework in preparation for receiving license 

applications for new reactors; and impose requirements to assess and manage site activities 

that can adversely affect safety and security. A notice reopening the public comment period 

was published on January 5, 2007 (72 FR 480). 

Incorporation by Reference of American Society of Mechanical Engineers Boiler and 

Pressure Vessel Code Cases - Part 50 - RIN AH80 

On October 27, 2006 (71 FR 62942), the NRC published a proposed rule that would 

incorporate by reference the latest revisions of two previously incorporated regulatory guides 

(RGs) that approve Code cases published by the American Society of Mechanical Engineers 

(ASME). These RGs are 1.84, “Design and Fabrication Code Case Acceptability, ASME 

Section III,” Revision 34, and RG 1.147, “In-service Inspection Code Case Acceptability, ASME 

Section XI, Division 1, Revision 15. This proposed action would allow licensees to use the 

Code Cases listed in the RGs as alternatives to requirements in the ASME BPV Code regarding 

the construction and in-service inspection of nuclear power plant components. 

Protection of Safeguards Information - Parts 2, 30, 40, 50, 52, 60, 63, 70, 71, 72, 73, 76, 

and 150 - RIN AH57 

 On October 31, 2006 (71 FR 64003), the NRC published a proposed rule that would 

amend its regulations for the protection of Safeguards Information (SGI) to protect SGI from 

inadvertent release and unauthorized disclosure which might compromise the security of 

nuclear facilities and materials. The amendments would affect certain licensees, information, 

and materials not currently subject to SGI regulations, but which are within the scope of 

Commission authority under the Atomic Energy Act of 1954, as amended (AEA). The NRC 

originally published a proposed rule on SGI on February 11, 2005 (70 FR 7196). The NRC 

published the October 31, 2006, proposed rule on SGI protection requirements to allow the 

public to comment on changes to the proposed rule text in response to public comment on the 

original proposed rule and to reflect amendments to the AEA in the Energy Policy Act of 2005 

and Commission Orders issued to licensees authorized to posses and transfer items containing 

certain quantities of radioactive material. 

Revision of Fee Schedules; Fee Recovery for FY 2007 - Parts 170 and 171 - RIN AI00 

 On February 2, 2007 (72 FR 5107), the NRC published a proposed rule that would 

amend the licensing, inspection, and annual fees charged to its applicants and licensees. The 

proposed amendments would implement the Omnibus Budget Reconciliation Act of 1990 

(OBRA-90), as amended, which requires that the NRC recover approximately 90 percent of its 

budget authority in fiscal year (FY) 2007, less the amounts appropriated from the Nuclear Waste 

Fund (NWF), and for Waste Incidental to Reprocessing (WIR) and generic homeland security 

activities. Based on the FY 2007 Energy and Water Development Appropriations Bill (H.R. 

5427), passed by the U.S, House of Representatives, the NRC’s required fee recovery amount 

for the FY 2007 budget is approximately $663.7 million. After accounting for carryover and 

billing adjustments, the total amount to be recovered through fees would be approximately 

$664.9 million. 
 - 7 -

Regulatory Improvements to the Nuclear Materials Management and Safeguards System -

Parts 40, 72, 74, and 150 - RIN AH85 

 On February 6, 2007 (72 FR 5348), the NRC published a proposed rule that would lower 

the threshold of the quantities of special nuclear material (SNM) and certain source materials 

that require the submission of material status reports to the Nuclear Materials Management and 

Safeguards System (NMMSS). Also, the proposed amendments would make some 

modifications to the types of and timing of submittals of transaction reports to the NMMSS. The 

amendments would also require licensees to reconcile any material inventory discrepancies that 

NRC identifies in the NMMSS data- base. The proposed amendments would reduce some 

regulatory burden by reducing the current reporting requirements related to the export of certain 

source material and SNM. However, the annual reporting requirements would be new 

requirements for licensees who possess 350 grams or less of SNM. These amendments are 

needed to improve the accuracy of the material inventory information maintained in the 

NMMSS. 

Industry Codes and Standards; Amended Requirements - Part 50 - RIN AH76 

 On April 5, 2007 (72 FR 16731), the NRC published a proposed rule that would 

incorporate by reference the 2004 Edition of Section III, Division 1, and Section XI, Division 1 of 

the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPV 

Code) and the 2004 Edition of the ASME Code for Operation and Maintenance of Nuclear 

Power Plants (OM Code) to provide updated rules for constructing and inspecting components 

and testing pumps, valves, and dynamic restrains (snubbers) in light-water nuclear power 

plants. NRC also proposes to require the use of ASME Code Cases N-722 and N-729-1, both 

with conditions, and to remove certain obsolete requirements specified in § 50.55a. This action 

is in accordance with the NRC’s policy to periodically update the regulations to incorporate new 

editions and addenda of the ASME Codes by reference and is intended to maintain the safety of 

nuclear reactors and make NRC activities more effective and efficient. 

Interlocutory Review of Rulings on Requests by Potential Parties for Access to Sensitive 

Unclassified Non-Safeguards Information and Safeguards 

Information - Part 2 - RIN AI08 

On June 11, 2007 (72 FR 32018), the NRC published a proposed rule that would provide 

for expedited (and in this case, “interlocutory”) review by the Commission of orders on requests 

by potential parties for access to certain sensitive unclassified non-safeguards information and 

Safeguards Information. 

AVAILABILITY OF DRAFT RULE LANGUAGE 

Geologic Repository Operations Area Security and Material Control and Accounting 

Requirements - Parts 26, 60, 63, 73, and 74 - RIN AI06 

On May 17, 2007 (72 FR 27766) the NRC published a notice announcing the availability 

of preliminary draft rule language to amend its regulations to revise the security requirements 

and material control and accounting (MC&A) requirements for a geologic repository operations 

area (GROA). The goal of this rulemaking is to ensure effective security measures are in place 

for the protection of high-level radioactive waste given the post-September 11, 2001, threat 
 - 8 -

environment. New requirements for specific training enhancements, improved access 

authorization, and enhancements to defensive strategies will be incorporated. The proposed 

rule would reinstate the alcohol and drug provisions of the fitness-for-duty provisions to a 

GROA. The proposed rule also would impose the fatigue portion of the fitness-for-duty 

requirements for the security personnel at a GROA. The proposed rule would establish general 

performance objectives and corresponding system capabilities for the GROA MC&A program, 

with a focus on strengthening, streamlining, and consolidating all MC&A regulations specific to a 

GROA. In addition, the proposed rule would require the emergency plan to address radiological 

emergencies. The availability of the preliminary draft rule language is intended to inform 

stakeholders of the current status of the NRC's activities. 

ADVANCE NOTICES OF PROPOSED RULEMAKING 

None 

PETITIONS FOR RULEMAKING - NOTICE OF RECEIPT 

E. Russell Ritenour, Ph.D. - PRM-35-20 

 On November 1, 2006 (71 FR 64168), the NRC published a notice of receipt of a petition 

for rulemaking, which was submitted by E. Russell Ritenour, Ph.D. The petitioner requested 

that the NRC amend the regulations that govern medical use of byproduct material to revise 

what it calls the “grandfather” provision to recognize individual diplomates of certifying boards 

that were previously named in these regulations before October 25, 2005. 

Massachusetts Attorney General - PRM-51-10 

 On November 1, 2006 (71 FR 64169), the NRC published a notice of receipt of a petition 

for rulemaking, which was submitted by the Massachusetts Attorney General. The petitioner 

requested that the NRC 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. A notice was published on January 19, 2007 

(72 FR 2464) reopening the public comment period. 

Sally Shaw - PRM-51-11 

 On November 20, 2006 (71 FR 67072), the NRC published a notice of receipt of a 

petition for rulemaking, which was submitted by Sally Shaw. The petitioner requested that the 

NRC prepare a rulemaking that will require that the NRC reconcile its generic environmental 

impact statement for nuclear power plant operating license renewal applications with the 

National Academy of Sciences Health Risks From Exposure to Low Levels of Ionizing 

Radiation: Biological Effects of Ionizing Radiation VII Phase 2 Report. 
 - 9 -

Project on Government Oversight and Union of Concerned Scientists - PRM-50-83 

On March 29, 2007 (72 FR 14713), the NRC published a notice of receipt of a petition 

for rulemaking, which was submitted by David Lochbaum, on behalf of the Project on 

Government Oversight and the Union of Concerned Scientists. The petitioner requested 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. 

Union of Concerned Scientists - PRM-73-13 

On April 9, 2007 (72 FR 17440), the NRC published a notice of receipt of a petition for 

rulemaking, which was submitted by David Lochbaum on behalf of the Union of Concerned 

Scientists. The petitioner requested that the NRC 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 the permission to enter protected areas with 

an unarmed escort. The petitioner believes that the current regulations create a security 

vulnerability that could potentially compromise public health and safety. 

Christine O. Gregoire, Governor of the State of Washington - PRM-71-13 

 On April 27, 2007 (72 FR 20962), the NRC published a notice of receipt of a petition for 

rulemaking, which was submitted by Christine O. Gregoire, Governor of the State of 

Washington. The petitioner requested that the NRC adopt the use of global positioning satellite 

tracking as a national requirement for mobile or portable uses of highly radioactive sources. 

The petitioner stated that another alternative is for the Commission to grant States the flexibility 

to impose more stringent requirements than those required under current NRC regulations. 

State of California - PRM-51-12 

On May 14, 2007 (72 FR 27068), the NRC published a notice of receipt of a petition for 

rulemaking, which was submitted by the State of California. The petitioner requested that the 

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 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. 

Mark Edward Leyse - PRM-50-84 

 On May 23, 2007 (72 FR 28902), the NRC published a notice of receipt of a petition for 

rulemaking, which was submitted by Mark Edward Leyse. The petitioner requested that the 
 - 10 -

NRC amend the regulations that govern domestic licensing of production and utilization facilities 

to 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. The 

petitioner also requested that the requirements pertaining to Emergency Core Cooling System 

evaluation models be amended to require that the steady-state temperature distribution and 

stored energy in reactor fuel at the onset of a postulated loss-of-coolant accident be calculated 

by factoring in the role that the thermal resistance of crud and/or oxide layers on cladding plays 

in increasing the stored energy in the fuel. Lastly, the petitioner requested that the acceptance 

criteria for emergency core cooling systems for light-water nuclear power reactors be amended 

to stipulate a maximum allowable percentage of hydrogen content in cladding of fuel rods. 

Eric Epstein, Three Mile Island Alert, Inc. - PRM-50-85 

On July 10, 2007 (72 FR 37470), the NRC published a notice of receipt of a petition for 

rulemaking, which was submitted by Eric Epstein. The petitioner requested that the NRC 

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. 

Raymond A. Crandall - PRM-50-87 

On July 12, 2007 (72 FR 38030), the NRC published a notice of receipt of a petition for 

rulemaking, which was submitted by Raymond A. Crandall. The petitioner requested that the 

NRC amend its 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. 

Energy Solutions - PRM-50-88 

On August 21, 2007 (72 FR 46569), the NRC published a notice of receipt of a petition 

for rulemaking, which was submitted by Energy Solutions. The petitioner requested that the 

NRC amend its regulations 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” that have been removed from reactors prior to the permanent cessation of 

operations. 

State of Nevada - PRM-2-14 

On August 29, 2007 (72 FR 49668), the NRC published a notice of receipt of a petition 

for rulemaking, which was submitted by the State of Nevada. The petitioner requested that the 

NRC amend its regulations to specify issues for the Yucca Mountain mandatory hearing. The 

petitioner asserted that the NRC would conduct a “mandatory” formal hearing if NRC dockets a 

Department of Energy application for a construction authorization for the proposed Yucca 

Mountain repository and requested that the NRC amend its regulations governing rules of 

practice in hearings by specifying the issues to be heard in this “mandatory” hearing. 
 - 11 -

PETITIONS FOR RULEMAKING - DENIED 

Andrew J. Spano and Joseph C. Scarpelli - PRM-54-2 and PRM-54-3 

 On December 13, 2006 (71 FR 74848), the NRC published a denial of two petitions for 

rulemaking submitted by Mr. Andrew J. Spano, County Executive, Westchester County, New 

York (PRM-54-2), and Mayor Joseph C. Scarpelli of Brick Township, New Jersey (PRM-54-3). 

The petitioners requested that the NRC amend its regulations to provide that the NRC renew a 

license only if the plant operator demonstrates that the plant meets all criteria and requirements 

that would apply if it were proposing the plant de novo for initial construction. The NRC denied 

these petitions because the petitioners raised issues that the Commission had already 

considered at length in developing the license renewal rule. These issues are managed by the 

on-going regulatory process or under other regulations; or are issues beyond the Commission’s 

regulatory authority. The petitioners did not present new information that would contradict 

positions taken by the Commission when the license renewal rule was established or 

demonstrate that sufficient reason exists to modify the current regulations. 

Eric Epstein - PRM-50-81 

 On March 5, 2007 (72 FR 9708), the NRC published a denial of a petition for rulemaking, 

submitted by Eric Epstein, that requested the NRC codify criteria in the Federal Emergency 

Management Agency 1986 Guidance Memorandum (GM) EV-2, “Protective Actions for School 

Children,” into NRC’s emergency planning regulations. The NRC denied this petition because it 

does not provide significant new information that was not previously considered in denying an 

earlier petition, PRM-50-79, submitted by Mr. Lawrence T. Christian, which requested that the 

NRC amend its emergency planning regulations to ensure that all day care centers and nursery 

schools in the vicinity of nuclear power facilities are properly protected in the event of a 

radiological emergency. 

Sherwood Martinelli - PRM-50-86 

On July 18, 2007 (72 FR 39354), the NRC published a denial of a petition for 

rulemaking, submitted by Sherwood Martinelli, that requested the NRC revise its regulations to 

provide financial protection for individuals harmed by releases of nuclear material following an 

incident or attack at a nuclear facility, and to require licensees to pay for satellite communication 

systems for nuclear power plant communities to “protect human health and the environment.” 

The petitioner also requested that nuclear facilities licensed by the NRC or the Federal 

Government provide adequate funding to enable every family living within 10 miles of a nuclear 

facility to build, stock, and maintain a personal family shelter to allow families to shelter in place 

during releases of nuclear material following an incident or attack at a nuclear facility. The NRC 

denied this petition because it requested the NRC to take actions that exceed the NRC’s 

authority, requests that the NRC address issues that the NRC has already considered in 

previous rulemakings, and fails to adequately support its requests to revise NRC regulations. 

CONSIDERATION OF PETITION FOR RULEMAKING

Scott Portzline, Three Mile Island Alert - PRM-73-11 

On January 5, 2007 (72 FR 481), the NRC published a notice informing the public that 

PRM-73-11 will be considered in a proposed rulemaking, “Power Reactor Security 
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Requirements,” published in the Federal Register on October 26, 2006 (71 FR 62664). The 

petitioner requested that the NRC amend its regulations to require NRC licensees to post at 

least one armed guard at each entrance to the “owner controlled areas” surrounding all U.S. 

nuclear power plants. The notice of receipt for PRM-73-11 was published in the Federal 

Register on November 2, 2001 (66 FR 55603). The rulemaking proposes extensive revisions to 

the NRC regulations that address security requirements for nuclear power reactor licensees and 

certain materials licensees.