REGULATIONS AND AMENDMENTS PUT INTO EFFECT – FY 2009 

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

76, and 150 – RIN AH57 – Docket ID NRC-2005-0001 

 On October 24, 2008 (73 FR 63545), the NRC published an amendment to its 

regulations, effective February 23, 2009, for the protection of Safeguards Information 

(SGI) to protect SGI from inadvertent release and unauthorized disclosure which might 

compromise the security for nuclear facilities and materials. The amendments modify 

the requirements for the protection of SGI with respect to persons, information, and 

materials subject to the regulations, as well as those that are not. A document 

correcting an erroneous authority citation was published on February 12, 2009 (74 FR 

6989). A document correcting an erroneous amendatory instruction was published on 

February 20, 2009 (74 FR 7785). 

Regulatory Changes to Implement the Additional Protocol to the US/IAEA 

Safeguards Agreement – Parts 30, 40, 50, 60, 61, 63, 70, 72, 75, 76, 95, 110, and 

150 – RIN AH38 – Docket ID NRC-2008-0543 

 On December 23, 2008 (73 FR 78599), the NRC published an amendment to its 

regulations, effective December 23, 2008, that implements the Protocol Additional to the 

Agreement Between the United States of America and the International Atomic Energy 

Agency for the Application of Safeguards in the United States of America (Additional 

Protocol). The Additional Protocol requires the U.S. to report additional information on 

various nuclear fuel cycle-related activities and to provide the International Atomic 

Energy Agency with access to those locations beyond the information currently reported 

for nuclear facilities under the existing Agreement Between the United States of America 

and the International Atomic Energy Agency for the Application of Safeguards in the 

United States of America (Safeguards Agreement). This amendment codifies the 

requirement for certain NRC and Agreement State licensees that currently are not 

subject to inspections or reporting under the Safeguards Agreement to report information 

and provide access under the Additional Protocol. This amendment enables the U.S. 

Government to meet its obligations related to the Safeguards Agreement and the 

Additional Protocol. A document correcting an erroneous amendatory instruction which 

resulted in two undesignated center headings was published on February 18, 2009 (74 

FR 7549). 

Implementation of a Dose Standard After 10,000 Years – Part 63 – RIN AH68 – 

Docket ID NRC-2005-0011 

 On March 13, 2009 (74 FR 10811), the NRC published an amendment to its 

regulations, effective April 13, 2009, governing the disposal of high-level radioactive 

wastes in a proposed geologic repository at Yucca Mountain, Nevada. This rule 

implements the U.S. Environmental Protection Agency’s (EPA) revised standards for 

doses that could occur after 10,000 years but within the period of geologic stability. This 

rule also specifies a range of values for the deep percolation rate to be used to represent 

climate change after 10,000 years, as called for by EPA, and specifies that calculations 

of radiation doses for workers use the same weighting factors that EPA is using for 

calculating individual doses to members of the public. 
 2 

Power Reactor Security Requirements – Parts 50, 52, 72, and 73 – RIN AG63 – 

Docket ID NRC-2008-0019 

 On March 27, 2009 (74 FR 13925), the NRC published an amendment to its 

regulations, effective May 26, 2009, amending its security regulations and adding new 

security requirements pertaining to nuclear power reactors. This rule establishes and 

updates generically applicable security requirements similar to those previously imposed 

by Commission orders issued after the terrorist attacks of September 11, 2001. This 

rulemaking also adds several new requirements not derived directly from the security 

order requirements but developed as a result of insights gained from implementation of 

the security orders, review of site security plans, implementation of the enhanced 

baseline inspection program, and NRC evaluation of force-on-force exercises. This rule 

also updates the NRC’s security regulatory framework for the licensing of new nuclear 

power plants. This rule resolves three petitions for rulemaking (PRM) that were 

considered during the development of the final rule (PRM-50-80, PRM-73-11, and PRM73-13). 

Revision of Fee Schedules; Fee Recovery for FY 2009 – Parts 170 and 171 – RIN 

AI52 – Docket ID NRC-2008-0620 

 On June 10, 2009 (74 FR 27641), the NRC published an amendment to its 

regulations, effective August 10, 2009, amending the licensing, inspection, and annual 

fees charged to its applicants and licensees. The final amendments are necessary to 

implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, 

which requires that the NRC recover through fees approximately 90 percent of its budget 

authority in fiscal year (FY) 2009, less the amounts appropriated from the Nuclear Waste 

Fund, amounts appropriated for Waste Incidental to Reprocessing, and amounts 

appropriated for generic homeland security activities. A document was published on 

July 20, 2009 (74 FR 35114), correcting the title of a table listed in the final rule. 

Consideration of Aircraft Impacts for New Nuclear Power Reactors – 

Parts 50 and 52 – RIN AI19 – Docket ID NRC-2007-0009

 On June 12, 2009 (74 FR 28111), the NRC published an amendment to its 

regulations, effective July 13, 2009, to require applicants for new nuclear power reactors 

to perform a design-specific assessment of the effects of the impact of a large, 

commercial aircraft. These amendments contain requirements for control of changes to 

any design features or functional capabilities credited to show that the facility can 

withstand the effects of an aircraft impact. 

Administrative Changes – Parts 55 and 76 – RIN AI69 – Docket ID NRC-2009-0242 

 On September 3, 2009 (74 FR 45544), the NRC published an amendment to its 

regulations, effective October 5, 2009, correcting errors published in a rulemaking 

document published on March 31, 2008 (73 FR 16965). This final rule clarifies the term 

“Under the Influence” and corrects erroneous citations and typographical errors.
 3 

DIRECT FINAL RULES 

List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 5 – Part 72 – RIN 

AI48 – Docket ID NRC-2008-0438

 On October 27, 2008 (73 FR 63621), the NRC published a direct final rule, 

effective January 12, 2009, amending its spent fuel storage cask regulations by revising 

the NAC International, Inc., NAC-UMS Universal Storage System listing within the list of 

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

Compliance Number 1015. The companion proposed rule was published on October 27, 

2008 (73 FR 63655). The confirmation of effective date was published on January 12, 

2009 (74 FR 1143). 

List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition – Part 72 – 

RIN AI51 – Docket ID NRC-2008-0568

 On November 21, 2008 (73 FR 70587), the NRC published a direct final rule, 

effective February 4, 2009, amending its spent fuel storage cask regulations by revising 

the NAC International MAGNASTOR cask system listing within the list of approved spent 

fuel storage casks. The companion proposed rule was published on November 21, 2008 

(73 FR 70607). The confirmation of effective date was published on February 4, 2009 

(74 FR 5983). 

List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 6 – Part 72 – 

RIN AI60 – Docket ID NRC-2009-0132

 On June 2, 2009 (74 FR 26285), the NRC published a direct final rule, effective 

August 17, 2009, amending its spent fuel storage cask regulations by revising the Holtec 

International HI-STORM 100 dry cask storage system listing within the list of approved 

spent fuel storage casks. The companion proposed rule was published on June 2, 2009 

(74 FR 26310). The confirmation of effective date was published on August 11, 2009 

(74 FR 40060). 

List of Approved Spent Fuel Storage Casks: Standardized NUHOMS System 

Revision 10 – Part 72 – RIN AI62 – Docket ID NRC-2009-0162

 On June 10, 2009 (74 FR 27423), the NRC published a direct final rule, effective 

August 24, 2009, amending its spent fuel storage cask regulations by revising the 

Transnuclear, Inc., Standardized NUHOMS System listing within the list of approved 

spent fuel storage casks. The companion proposed rule was published on June 10, 

2009 (74 FR 27469). The confirmation of effective date was published on August 11, 

2009 (74 FR 40060). 
 4 

Industry Codes and Standards; Amended Requirements – Part 50 – RIN AI53 – 

Docket ID NRC-2008-0663

 On August 5, 2009 (74 FR 38890), the NRC published a direct final rule, effective 

October 19, 2009, amending its regulations governing vessel head inspection 

requirements. This amendment revises the upper range of the percentage of axial flaws 

permitted in a specimen set used for the qualification of nondestructive examination 

systems (procedures, personnel, and equipment), which are used in the performance of 

inservice inspection of pressurized water reactor upper vessel head penetrations. The 

companion proposed rule was published on August 5, 2009 (74 FR 38987). The 

confirmation of effective date was published on October 19, 2009 (74 FR 53402). 

Medical Use of Byproduct Material-Authorized User Clarification – Part 35 – 

RIN AI59 – Docket ID NRC-2009-0098

 On July 14, 2009 (74 FR 33901), the NRC published a direct final rule, effective 

September 28, 2009, amending its regulations to clarify that all individuals grandfathered 

under the applicable regulations may serve as preceptors and work experience 

supervisors for individuals seeking recognition on an NRC license for the same uses. 

Additionally, several minor administrative changes are included in this rulemaking. The 

companion proposed rule was published on July 14, 2009 (74 FR 33925). The 

confirmation of effective date was published on August 27, 2009 (74 FR 43619). 
 5 

PROPOSED REGULATIONS AND AMENDMENTS 

Categorical Exclusions From Environmental Review – Part 51 – RIN AI27 – Docket 

ID NRC-2008-0269 

On October 9, 2008 (73 FR 59540), the NRC published a proposed rule that 

would amend its regulations describing the categories of actions which do not require an 

environmental review under the requirements of the National Environmental Policy Act of 

1969, because they have no significant effect on the human environment. The proposed 

revisions would eliminate the preparation of environmental assessments for NRC actions 

that are minor, administrative, or procedural in nature. The proposed rule would not 

change any requirements for licensees, but would provide for more timely NRC action. 

Consideration of Environmental Impacts of Temporary Storage of Spent Fuel After 

Cessation of Reactor Operation – Part 51 – RIN AI47 – Docket ID NRC-2008-0404

 On October 9, 2008 (73 FR 59547), the NRC published a proposed rule that 

would revise its generic determination on the environmental impacts of storage of spent 

fuel at, or away from, reactor sites after the expiration of reactor operating licenses. The 

proposed revision reflects findings that the Commission has reached in the “Waste 

Confidence” decision update (October 9, 2008; 73 FR 59551). A notice extending the 

public comment period was published on November 28, 2008 (73 FR 72370). 

Revision of Fee Schedules; Fee Recovery for FY 2009 – Parts 170 and 171 – RIN 

AI52 – Docket ID NRC-2008-0620 

 On March 2, 2009 (74 FR 9129), the NRC published a proposed rule that would 

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

licensees. The proposed amendments are necessary to implement the Omnibus Budget 

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

recover through fees approximately 90 percent of its budget authority in fiscal year (FY) 

2009, less the amounts appropriated from the Nuclear Waste Fund, amounts 

appropriated for Waste Incidental to Reprocessing, and amounts appropriated for 

generic homeland security activities. 

Enhancements to Emergency Preparedness Regulations – Parts 50 and 52 – RIN 

AI10 – Docket ID NRC-2008-0122

 On May 18, 2009 (74 FR 23253), the NRC published a proposed rule that would 

amend certain emergency preparedness requirements in its regulations that govern 

domestic licensing of production and utilization facilities. A conforming provision would 

also be added in the regulations that govern licenses, certifications, and approvals for 

new nuclear power plants. A notice extending the public comment period was published 

on June 11, 2009 (74 FR 27724). 

 

Incorporation by Reference of Regulatory Guide 1.84, Revision 35, and Regulatory 

Guide 1.147, Revision 16, Into 10 CFR 50.55a – Part 50 – RIN AI37 – Docket ID 

NRC-2009-0014 

 On June 2, 2009 (74 FR 26303), the NRC published a proposed rule that would 

amend its regulations to incorporate by reference the latest revisions of two regulatory 

guides that would approve new and revised code cases published by the American 

Society of Mechanical Engineers. 
 6 

Export and Import of Nuclear Equipment and Material; Updates and 

Clarifications – Part 110 – RIN AI16 – Docket ID NRC-2008-0567 

 On June 23, 2009 (74 FR 29614), the NRC published a proposed rule that would 

amend its regulations that govern the export and import of nuclear equipment and 

material. This proposed rule would allow Category 1 and Category 2 quantities of 

materials listed in the Commission’s regulations to be imported under a general license. 

The proposed rule would also revise the definition of “radioactive waste” and remove the 

definition of “incidental radioactive material.” A notice reopening the public comment 

period for information collection was published on August 14, 2009 (74 FR 41096). 

Revisions to Environmental Review for Renewal of Nuclear Power Plant Operating 

Licenses – Part 51 – RIN AI42 – Docket ID NRC-2008-0608 

 On July 31, 2009 (74 FR 38117), the NRC published a proposed rule that would 

amend its environmental protection regulations by updating the Commission’s 1996 

findings on the environmental impacts related to the renewal of a nuclear power plant’s 

operating license. 

Limiting the Quantity of Byproduct Material in a Generally Licensed Device – 

Part 31 – RIN AI33 – Docket ID NRC-2008-0272 

 On August 3, 2009 (74 FR 38372), the NRC published a proposed rule that 

would amend its regulations to limit the quantity of byproduct material contained in a 

generally licensed device to below one-tenth of the International Atomic Energy Agency 

Category 3 thresholds. Individuals possessing devices with byproduct material meeting 

or exceeding these thresholds would be required to apply for and obtain a specific 

license. The NRC is also proposing to further clarify the requirements that apply when a 

device authorized to be used under the general license is instead held under a specific 

license. The proposed amendments would also modify the Compatibility Categories 

contained in the NRC’s current regulations. 

Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements – 

Parts 50 and 52 – RIN AH29 – Docket ID NRC-2004-0006 

 On August 10, 2009 (74 FR 40005), the NRC published a supplemental 

proposed rule that would amend its regulations that govern domestic licensing of 

production and utilization facilities and licenses, certifications, and approvals for nuclear 

power plants to allow current and certain future power reactor licensees and applicants 

to choose to implement a risk-informed alternative to the current requirements for 

analyzing the performance of emergency core cooling systems (ECCS) during loss-ofcoolant accidents. The proposed amendments would also establish procedures and 

acceptance criteria for evaluating certain changes in plant design and operation based 

upon the results of the new analysis of ECCS performance. A notice extending the 

public comment period was published on September 24, 2009 (74 FR 48667). 
 7 

License and Certificate of Compliance Terms – Part 72 – RIN AI09 – Docket ID 

NRC-2008-0361 

 On September 15, 2009 (74 FR 47126), the NRC published a proposed rule that 

would amend its regulations that govern licensing requirements for the independent 

storage of spent nuclear fuel. These amendments would enhance the effectiveness and 

efficiency of the licensing process for spent nuclear fuel storage. Specifically, these 

amendments would clarify the term limits for dry storage cask Certificates of Compliance 

(CoCs) and independent spent fuel storage installation (ISFSI) specific licenses. The 

proposed amendments would also provide consistency between the general and specific 

ISFSI license requirements, and allow general licensees subject to these regulations to 

implement changes authorized by an amended CoC to a cask loaded under the initial 

CoC or an earlier amended CoC (a “previously loaded cask”). 
 8 

AVAILABILITY OF DRAFT RULE LANGUAGE 

Physical Protection of Byproduct Material – Part 37 – RIN AI12 – Docket ID NRC2008-0120 

On November 19, 2008 (73 FR 69590), the NRC published a notice of availability 

of draft rule language to amend its regulations to add a new 10 CFR Part 37. This part 

would contain the security (physical protection) requirements that are designed to 

provide reasonable assurance of preventing the theft or diversion of Category 1 and 

Category 2 quantities of radioactive material as designated by the International Atomic 

Energy Agency. The new provisions would address background checks, fingerprinting, 

access control, physical security during use, and physical security during any transport 

of Category 1 and Category 2 quantities of material. This document notices the 

preliminary draft rule language for transportation security. 

Physical Protection of Byproduct Material – Part 37 – RIN AI12 – Docket ID NRC2008-0120 

On April 17, 2009 (74 FR 17794), the NRC published a notice of availability of 

draft rule language to amend its regulations to add a new 10 CFR Part 37. This 

document notices the preliminary draft rule language for the background investigations 

and access control program. These requirements would be contained in subpart B of 

the new 10 CFR Part 37. 

Physical Protection of Byproduct Material – Part 37 – RIN AI12 – Docket ID NRC2008-0120 

On May 1, 2009 (74 FR 20235), the NRC published a notice of availability of draft 

rule language to amend its regulations to add a new 10 CFR Part 37. This document 

notices the preliminary draft rule language on the proposed requirements for physical 

security during use and storage. These requirements would be contained in subpart C 

of the new 10 CFR Part 37. 
 9 

ADVANCE NOTICES OF PROPOSED RULEMAKING (ANPRM) 

Variable Annual Fee Structure for Power Reactors – Part 171 – RIN AI54 – Docket 

ID NRC-2008-0664 

 On March 25, 2009 (74 FR 12735), the NRC published an ANPRM to request 

early input from interested stakeholders and the public on the issues relevant to the 

establishment of a variable annual fee structure for power reactors. The NRC is 

considering amending its rule governing annual fees to establish a variable annual fee 

structure for power reactors based on licensed power limits. 

Requirements for Fingerprinting for Criminal History Record Checks of Individuals 

Granted Unescorted Access to Research and Test Reactors – Part 73 – RIN AI25 – 

Docket ID NRC-2008-0619 

 On April 14, 2009 (74 FR 17115), the NRC published an ANPRM requesting 

public comment on the options that the NRC is considering for implementing the 

requirements of the Energy Policy Act of 2005, as they pertain to research and test 

reactor (RTR) licensees. The NRC is establishing generic requirements for NRC RTR 

licensees to obtain fingerprint-based criminal history record checks on individuals having 

unescorted access to their facilities. 

Performance-Based Emergency Core Cooling System Acceptance Criteria – Part 

50 – RIN AH42 – Docket ID NRC-2008-0332 

 On August 13, 2009 (74 FR 40765), the NRC published an ANPRM requesting 

public comment on specific questions and issues for consideration related to a possible 

rulemaking effort to revise the acceptance criteria for emergency core cooling systems 

for light-water nuclear power reactors as currently required by NRC regulations that 

govern domestic licensing of production and utilization facilities. 
 10 

POLICY STATEMENTS 

Policy Statement on the Regulation of Advanced Reactors; Final Policy 

Statement – Part 50 – Docket ID NRC-2008-0237 

On October 14, 2008 (73 FR 60612), the NRC published a notice announcing the 

adoption of a statement of policy, effective November 13, 2008, on the regulation of 

advanced reactors. This final policy statement reinforces the Commission’s current 

policy regarding advanced reactors and includes new items to be considered during the 

design of these reactors, including security, emergency preparedness, threat of theft, 

and international safeguards. 

Revision of the NRC Enforcement Policy – Part 50 – Docket ID NRC-2008-0557 

 On November 28, 2008 (73 FR 72528), the NRC published a notice announcing 

a revision to its Enforcement Policy to address the requirements of the Federal Civil 

Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection 

Improvement Act of 1996 (Act). The Act requires Federal agencies to adjust civil 

monetary penalties to reflect inflation. 

NRC Enforcement Policy Revision; Notice of Availability of Revised Draft 

Supplements and Request for Comments – Docket ID NRC-2008-0497 

 On June 8, 2009 (74 FR 27191), the NRC published a notice of availability and 

request for comments on its draft proposed revised Enforcement Policy. 

MEMORANDUM OF UNDERSTANDING (MOU) 

Final MOU between the NRC and the Virginia Department of Health – January 16, 2009 

(74 FR 3105) – Docket ID NRC-2009-0008. 

Final MOU between the NRC and the State of California – January 16, 2009 

(74 FR 3107) – Docket ID NRC-2009-0009. 

Final MOU between the NRC and the State of Missouri – January 16, 2009 

(74 FR 3108) – Docket ID NRC-2009-0007. 

. 

Final MOU between the NRC and the State of Texas – February 9, 2009 

(74 FR 6430) – Docket ID NRC-2009-0049. 
 11 

PETITIONS FOR RULEMAKING 

Notices of Receipt 

C-10 Research and Education Foundation, Inc. – PRM-72-6 – Docket ID NRC-2008-

0649 

 On March 3, 2009 (74 FR 9178), the NRC published a notice of receipt of a 

petition for rulemaking submitted by the C-10 Research and Education Foundation, Inc. 

The petitioner requested that the NRC amend its regulations to require licensees to 

strictly adhere to ASME code requirements for design and use of spent fuel storage 

casks. The petitioner also requested that 10 CFR 72.42 be amended to clarify 

requirements for “renewal” and “reapproval” of certificates of compliance of spent fuel 

storage casks, and to address license requirements for multiple cask designs under 

different expiration dates at the same independent spent fuel storage installation. 

Nuclear Energy Institute – PRM-70-8 – Docket ID NRC-2009-0184 

 On June 4, 2009 (74 FR 26814), the NRC published a notice of receipt of a 

petition for rulemaking submitted by Felix M. Killar, JR., on behalf of the Nuclear Energy 

Institute. The petitioner requested that 10 CFR Part 70, Appendix A, be amended to 

clarify the requirements for reportable safety events based on experience to date. 

Petitions Closed Through the Rulemaking Process 

Anthony R. Pietrangelo, Nuclear Energy Institute – PRM-50-75 – Docket ID NRC2002-0018 

 On November 6, 2008 (73 FR 66000), the NRC published a notice announcing 

that the issues raised in the petition for rulemaking submitted by Anthony R. Pietrangelo, 

on behalf of the Nuclear Energy Institute, will be considered in the ongoing “RiskInformed Redefinition of Large Break Loss-of-Coolant Accident (LOCA) Emergency Core 

Cooling System (ECCS) Requirements” rulemaking (RIN AH29; Docket ID NRC-2004-

0006). The petitioner requested that the NRC amend its regulations to allow the use of 

an alternative to the currently required double-ended rupture of the largest pipe in the 

reactor coolant system in ECCS evaluation models. A document correcting an 

erroneous NRC docket number and date in this notice was published on November 18, 

2008 (73 FR 68364). 

David J. Modeen, Nuclear Energy Institute – PRM-50-71 – Docket ID NRC-2000-

0004 

 On November 6, 2008 (73 FR 66000), the NRC published a notice announcing 

that the issues raised in the petition for rulemaking submitted by David J. Modeen, on 

behalf of the Nuclear Energy Institute, will be considered in the ongoing “PerformanceBased Emergency Core Cooling System (ECCS) Cladding Acceptance Criteria” 

rulemaking (RIN AH42; Docket ID NRC-2008-0332). The petitioner requested that the 

NRC amend its regulations to allow nuclear power plant licensees to use zirconiumbased cladding materials other than Zircaloy or ZIRLO, provided the cladding materials 

meet the requirements for fuel cladding performance and have been approved by the 

NRC staff. 
 12 

Mark Edward Leyse – PRM-50-84 – Docket ID NRC-2007-0013 

 On November 25, 2008 (73 FR 71564), the NRC published a notice announcing 

that the issues raised in the petition for rulemaking submitted by Mark Edward Leyse will 

be considered in the NRC's Common Prioritization of Rulemaking process. The 

petitioner requested that the NRC amend its regulations to require that nuclear power 

reactors be operated in a manner to limit the thickness of crud layers and/or the 

thickness of oxide layers on fuel rod cladding surfaces to ensure that the facilities 

operate in compliance with the emergency core cooling system (ECCS) acceptance 

criteria. The petitioner also requested that the requirements pertaining to ECCS 

evaluation models be amended to explicitly 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 fuel cladding plays in increasing the stored energy of the fuel. Lastly, the 

petitioner requested that the acceptance criteria for analyses of ECCS cooling 

performance for light-water nuclear power reactors be amended to stipulate a maximum 

allowable percentage of hydrogen content in the cladding of fuel rods. 

Westinghouse Electric Company LLC – PRM-50-69 – Docket ID NRC-2000-0019 

 On January 28, 2009 (74 FR 4911), the NRC published a notice announcing that 

the issues raised in the petition for rulemaking submitted by Westinghouse Electric 

Company LLC will be considered in the ongoing rulemaking, “Modifications to PressureTemperature Limits” (RIN AG98; Docket ID NRC-2008-0582). The petitioner requested 

that Table 1 in 10 CFR Part 50, Appendix G, be amended by removing requirements 

related to the metal temperature of the closure head flange and vessel flange regions. 

Specifically, the petitioner requested that footnotes (2) and (6) be removed from Table 1. 

Bob Christie – PRM-50-77 – Docket ID NRC-2002-0020 

 On April 13, 2009 (74 FR 16802), the NRC published a notice announcing that 

the issues raised in the petition for rulemaking submitted by Bob Christie, will be 

considered in an ongoing rulemaking activity “Decoupling of Assumed Loss of Offsite 

Power (LOOP) From Loss-of-Coolant Accident” (RIN 3150-AH43; Docket ID NRC-2008-

0602). The petitioner requested that the NRC amend its regulations to eliminate the 

requirement for assuming a LOOP coincident with postulated accidents. 

Raymond A. West – PRM-50-89 – Docket ID NRC-2007-0018 

 On April 22, 2009 (74 FR 18303), the NRC published a notice announcing that 

the issues raised in the petition for rulemaking submitted by Raymond A. West will be 

considered in the NRC's Common Prioritization of Rulemaking process. The petitioner 

requested that the NRC amend the regulations that govern domestic licensing of 

production and utilization facilities at nuclear power plants. Specifically, the petitioner 

requested that the regulations that govern codes and standards at nuclear power plants 

be amended to provide a process that could be used for direct approval of changes or 

modifications to NRC-approved American Society of Mechanical Engineers Boiler and 

Pressure Vessel code cases. 
 13 

State of Colorado and the Organization of Agreement States – PRM-40-27 – 

Docket ID NRC-2008-0435

 On September 10, 2009 (74 FR 46512), the NRC published a notice announcing 

that the issues raised in the petition for rulemaking submitted by the State of Colorado 

and the Organization of Agreement States will be considered in an ongoing rulemaking, 

“Distribution of Source Material to Exempt Persons and General Licensees and Revision 

10 CFR 40.22 General License,” (RIN AH15; Docket ID NRC-2009-0084). The 

petitioner requested that the NRC amend its regulations governing small quantities of 

source material to eliminate the exemption for source material general licensees from 

the requirements that specify standards of protection against radiation, and require 

notification and instruction of individuals who participate in licensed activities. 

Petitions Denied 

Thomas E. Magette, EnergySolutions, LLC – PRM-50-88 – Docket ID NRC-2007-

0017 

On October 20, 2008 (73 FR 62220), the NRC published a denial of a petition for 

rulemaking submitted by Thomas E. Magette, on behalf of EnergySolutions, LLC. The 

petitioner requested that the NRC amend its regulations that govern domestic licensing 

of production and utilization facilities 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 before the 

permanent cessation of operations. The Commission denied this petition because the 

arguments made by the petitioner and the commenters are not sufficiently persuasive to 

support the proposed rulemaking. 

State of Nevada – PRM-2-14 – Docket ID NRC-2007-0011 

On October 22, 2008 (73 FR 62931), the NRC published a denial of a petition for 

rulemaking submitted by the State of Nevada. The petitioner requested that the NRC 

amend its regulations regarding issues specified for review in a notice of hearing for the 

Department of Energy application for a high-level waste (HLW) repository construction 

authorization at Yucca Mountain, Nevada. The Commission denied this petition 

because it is inconsistent with current NRC rules and inconsistent with the Commission’s 

intent when it originally established regulations requiring an opportunity for a hearing for 

all docketed HLW repository construction applications. 

Raymond A. Crandall – PRM-50-87 – Docket ID NRC-2007-0016 

 On January 26, 2009 (74 FR 4346), the NRC published a denial of a petition for 

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

Commission amend its regulations to eliminate the specific criteria related to the 

radiological doses for control room habitability at nuclear power plants. The Commission 

denied this petition because the conclusions upon which the petitioner relies do not 

substantiate a basis to eliminate the control room radiological dose acceptance criteria 

from current regulations as requested. 
 14 

Eric Epstein, Chairman, Three Mile Island Alert, Inc. – PRM-50-85 – Docket ID NRC2007-0014 

On January 29, 2009 (74 FR 5187), the NRC published a denial of a petition for 

rulemaking submitted by Eric Epstein, on behalf of Three Mile Island Alert, Inc. The 

petitioner requested that the NRC amend its emergency preparedness regulations to 

require that all host school pick-up centers be located at least 5 to 10 miles beyond the 

radiation plume exposure boundary zone to ensure that all school children are protected 

in the event of a radiological emergency. The Commission denied this petition because 

current NRC regulations and NRC and FEMA regulatory guidance provide reasonable 

assurance of adequate protection of all members of the public, including school children, 

in the event of a nuclear power plant incident. Also, the petition is prescriptive in nature 

and existing regulations and guidance already cover the petitioner’s request. 

Technical Specifications Task Force – PRM-170-6 – Docket ID NRC-2008-0496 

 On February 17, 2009 (74 FR 7382), the NRC published a denial of a petition for 

rulemaking submitted by the Technical Specifications Task Force, which is a jointly 

sponsored activity of the Pressurized Water Reactor Owners Group and the Boiling 

Water Reactor Owners Group. The petitioner requested that the NRC amend its 

regulations to provide an explicit exemption from NRC review fees for activities 

associated with generic improvements to the Improved Standard Technical 

Specifications. The Commission denied this petition because the petition presents 

issues that the NRC has already carefully considered and addressed. Also, the petition 

fails to present any significant new information or arguments that would warrant the 

requested amendment. 

Petitions Withdrawn 

None