This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

6434 

Vol. 87, No. 24 

Friday, February 4, 2022 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[Docket No. PRM–50–119; NRC–2019–0083] 

Access to the Decommissioning Trust 

Fund for the Disposal of Large 

Components 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; denial. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is denying a petition 

for rulemaking, dated February 22, 

2019, submitted by Gerard P. Van 

Noordennen on behalf of 

EnergySolutions, LLC (the petitioner). 

The petition was docketed by the NRC 

on March 20, 2019, and was assigned 

Docket No. PRM–50–119. The petition 

requested that the NRC revise its 

regulations to allow access to the 

decommissioning trust fund for the 

removal of major radioactive 

components before the permanent 

cessation of operations and revise the 

definition of Decommissioning. The 

NRC is denying the petition because the 

petitioner does not raise a significant 

safety or security concern, and this 

subject area is adequately covered by 

existing regulations. The NRC’s current 

regulations and oversight activities 

continue to provide for the reasonable 

assurance of adequate protection of 

public health and safety. 

DATES: The docket for PRM–50–119 is 

closed on February 4, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2019–0083 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly-available information 

related to this action by any of the 

following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2019–0083. Address 

questions about NRC Docket IDs to 

Dawn Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced in this document (if that 

document is available in ADAMS) is 

provided the first time that it is 

mentioned in the SUPPLEMENTARY

INFORMATION section. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(ET), Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Solomon Sahle, telephone: 301–415– 

3781; email: Solomon.Sahle@nrc.gov, or 

Shawn Harwell, telephone: 301–415– 

1309; email: Shawn.Harwell@nrc.gov. 

Both are staff of the Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. The Petition 

Section 2.802 of title 10 of the Code 

of Federal Regulations (10 CFR), 

‘‘Petition for rulemaking—requirements 

for filing,’’ provides an opportunity for 

any interested person to petition the 

NRC to issue, amend, or rescind any 

regulation. On February 22, 2019, the 

NRC received a petition for rulemaking 

(PRM) from Gerard P. Van Noordennen 

on behalf of EnergySolutions, LLC 

(ADAMS Accession No. ML19079A293). 

The petition requested the NRC revise 

the definition of Decommissioning in 

§ 50.2, ‘‘Definitions,’’ and amend 

§ 50.82, ‘‘Termination of license,’’ to 

allow access to the decommissioning 

trust fund to pay for the disposal of 

‘‘major radioactive components’’ before 

the permanent cessation of operations at 

nuclear power plants. That term is 

currently defined in § 50.2: ‘‘Major 

radioactive components means, for a 

nuclear power reactor facility, the 

reactor vessel and internals, steam 

generators, pressurizers, large bore 

reactor coolant system piping, and other 

large components that are radioactive to 

a comparable degree.’’ 

The petition suggested that granting 

the petition would remove unnecessary 

burden from licensees who store major 

radioactive components on their sites 

during plant operations because they 

have limited operating funds and cannot 

use decommissioning funds for the 

disposal of these components. 

The NRC published a notice of 

docketing and request for comment in 

the Federal Register on June 12, 2019 

(84 FR 27209). 

II. Public Comments on the Petition 

A. Overview of Public Comments 

The public comment period closed on 

August 26, 2019. The NRC received a 

total of six public comment 

submissions, with six unique comments 

from the general public and industry. 

Five commenters supported the petition 

and one commenter opposed the 

petition. 

B. NRC Response to Public Comments 

Comment: One commenter suggested 

an approach to allow the use of excess 

decommissioning trust funds for 

disposal of major radioactive 

components. In this approach, the NRC 

could allow operators to reallocate 

excess decommissioning trust funds for 

operational expenses through a two-step 

process: (1) Excess funds are identified 

and returned from holder; and (2) 

operator uses returned funds to manage 

operational expenses, including 

disposal of large components. 

NRC Response: The process described 

in the comment is available now, upon 

request by a licensee through the 

exemption process (§ 50.12, ‘‘Specific 

exemptions’’), which requires a sitespecific review and approval by the 

NRC. A projected excess in the 

decommissioning trust fund is one 

factor that the NRC would consider in 

reviewing an exemption request. Other 

potential factors include the size of the 


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Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 6435 

excess compared to the site-specific cost 

estimate (SSCE), whether the expense is 

included in a SSCE, evidence that funds 

have been collected or set aside for the 

activity in a comingled 

decommissioning trust fund, and 

availability of rate collection as a means 

to resolve a shortfall in radiological 

decommissioning funding. Any decision 

on an exemption request to use 

decommissioning funds to dispose of 

major radioactive components during 

operation would be based on a totality 

of the information in the request and 

any other information of which the NRC 

is aware. It should be noted that cost 

estimates for decommissioning are less 

accurate the further out in time the 

plant is from decommissioning. Thus, a 

release of funds without NRC approval 

whenever an excess is identified by the 

licensee would diminish 

decommissioning funding assurance, 

even if the excess is identified by 

comparison to a SSCE. The NRC has 

previously addressed this issue in the 

denial of PRM–50–88 (73 FR 62220; 

October 20, 2008). 

Comment: One commenter stated that 

operators are making a business 

decision to store large components 

during a plant’s operational period and 

dispose of the major radioactive 

components with decommissioning 

trust funds once the decommissioning 

period begins, despite storage and 

monitoring costs. The commenter states 

that this results in a potential for loss of 

control of radiological material, if 

improperly stored/monitored. 

NRC Response: Existing NRC 

regulations ensure adequate control of 

radiological material, including major 

radioactive components that have been 

removed from service. Proper storage 

and monitoring of radiological material 

is addressed through the NRC’s onsite 

inspection procedures. 

Comment: One commenter stated that 

the NRC should consider early use of 

decommissioning trust funds by 

licensees if the disposal costs are 

specifically included in the cost 

estimate. The commenter stated that this 

could be achieved either by the licensee 

preparing a SSCE that included the 

items for which excess funds are to be 

used, or by the NRC revising the generic 

formula for trust fund calculation to 

require additional funds to account for 

these waste volumes, effectively 

increasing the estimated waste volume 

factor of the formula. The commenter 

noted that a change to the generic 

formula in this manner is problematic 

because some basis would be required 

to account for later reducing the waste 

volume based on operational disposal 

activities, which may be an ongoing or 

repeated activity during the operational 

life of a facility. 

NRC Response: The NRC agrees with 

the commenter that a revision to the 

§ 50.75 Table of Minimum Amounts 

would be problematic. The formulas 

provided in this table are generic and 

designed to provide a reasonable 

estimate of radiological 

decommissioning costs for the facility. 

Revising the table to account for the 

disposal of major radioactive 

components prior to decommissioning 

is difficult due to several factors, 

including site-specific variations in the 

generation and disposal of these 

components. As such, the Table of 

Minimum Amounts has not been 

updated for over 30 years. However, the 

NRC is considering updates to the 

generic decommissioning funding 

formula to make it more reflective of 

current cost considerations as part of the 

proposed rule, ‘‘Regulatory 

Improvements for Production and 

Utilization Facilities Transitioning to 

Decommissioning’’ (RIN 3150–AJ59), 

and will seek public comment on the 

matter. Nonetheless, currently licensees 

can use the existing formula, or an 

SSCE, as part of a demonstration that 

excess funds exist in the 

decommissioning trust fund to support 

either an exemption request or for other 

purposes, such as the reallocation of 

other funds. Projected excess funds 

would be one factor the NRC would 

consider when reviewing an exemption 

request. The staff notes the 

determination of excess funds relies on 

long-term projections that may prove 

inaccurate because unpredictable 

changes in economic conditions could 

result in future shortfalls in the 

decommissioning trust fund. Therefore, 

in reviewing an exemption request, the 

NRC would consider the totality of 

information provided in the request and 

any other information of which the NRC 

is aware. 

Comment: One commenter stated that 

an ‘‘innovative financial approach’’ that 

could provide for early removal of large 

parts would be the establishment by the 

NRC of a process whereby a licensee can 

have access to excess decommissioning 

trust funds (where ‘‘excess’’ should 

consider spent fuel management funds, 

whether comingled or not) that can only 

be used for specific purposes by the 

licensee, such as management of large 

component/operational wastes or other 

items that will contribute to the ultimate 

decommissioning of the facility. 

NRC Response: Under the NRC’s 

existing regulatory framework, licensees 

can request access to excess 

decommissioning funds on such a basis 

through the exemption process. 

Comment: Three commenters stated 

that nuclear utilities should have the 

flexibility to use decommissioning trust 

fundsduring operations to facilitate the 

timely disposal of these components in 

acost-effectivemanner to maximize the 

reduction in disposal cost and therefore 

aid in ensuringthat ample 

decommissioning trust funds remain 

available when fulldecommissioning 

takes place. 

NRC Response: If excess 

decommissioning trust funds are 

available (e.g., as determined by 

comparing decommissioning fund 

growth against an SSCE), then licensees 

may use existing procedures to access 

the available funds. If excess funds are 

not available, then licensees may use 

operating revenues or continue to store 

the components on site until such time 

as either excess funds are available (and 

then request an exemption to use those 

funds) or until decommissioning begins. 

Comment: Two commenters stated 

that the industry and NRC have 

experience with thedecommissioning of 

nuclear power plants and the time has 

come to modernize the 

decommissioning regulatory process. 

NRC Response: The NRC is currently 

pursuing decommissioning 

improvements in a separate rulemaking, 

‘‘Regulatory Improvements for 

Production and Utilization Facilities 

Transitioning to Decommissioning’’ (82 

FR 13778). 

III. Reasons for Denial 

The NRC is denying the petition 

because a licensee may access the 

decommissioning trust fund to pay for 

the disposal of major radioactive 

components (1) by requesting 

reimbursement when submitting their 

decommissioning cost estimate per 

§ 50.82 or (2) by requesting an 

exemption under § 50.12 to permit 

withdrawal from the decommissioning 

trust fund prior to decommissioning. 

Although the Commission has stated 

that trust fund withdrawals for disposal 

of major radioactive components would 

be granted only ‘‘in extraordinary 

circumstances’’ (73 FR 62222; October 

20, 2008), the NRC reviews each 

exemption request based on the merit of 

the facts provided in the request. 

While the petitioner noted that only 

‘‘excess’’ funds would be used from the 

decommissioning trust fund to pay for 

the disposal of major radioactive 

components, the NRC notes that 

whether there is an excess would be 

based on economic projections. 

Economic projections are less accurate 

the further out in time they attempt to 

project, and, therefore, changes in 

economic conditions combined with 


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6436 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 

withdrawals from the decommissioning 

trust fund could potentially result in 

future shortfalls in the fund. 

Nevertheless, a projected excess is one 

factor that the NRC would consider in 

reviewing an exemption request. Other 

potential factors include: The size of the 

excess compared to the SSCE, whether 

the expense is included in a SSCE, 

evidence that funds have been collected 

or set aside for the activity in a 

comingled decommissioning trust fund, 

and availability of rate collection as a 

means to resolve a shortfall in 

radiological decommissioning funding. 

Any decision on an exemption request 

to use decommissioning funds to 

dispose of major radioactive 

components during operation would be 

based on a totality of the information in 

the request and any other information of 

which the NRC is aware. These 

circumstances are site-specific and 

dependent on the unique financial 

status of each licensee. 

The staff believes it would be difficult 

to develop generally applicable 

requirements to address the use of 

decommissioning trust funds for this 

purpose and therefore, more efficient to 

review such requests on a case-by-case 

basis. Therefore, the staff considers an 

exemption to be an adequate means for 

licensees to request a withdrawal from 

their decommissioning trust fund for the 

disposal of major radioactive 

components. If the staff sees an increase 

in exemption requests to withdraw 

decommissioning funds prior to 

decommissioning, then the NRC could 

reconsider whether addressing the issue 

through rulemaking would reduce the 

need for exemptions and be more 

efficient for the agency. Such 

reconsideration will include any 

experience and insights the staff has 

gained in evaluating exemption requests 

at that time. 

Additionally, some licensees 

successfully pursued reallocating 

funding streams that would otherwise 

have been added to their 

decommissioning trust fund by 

establishing ‘‘sub-accounts’’ in their 

decommissioning trust funds. Such subaccounts are not regulated by the NRC 

and, therefore, can be used at the 

discretion of the licensee at any time 

during operations or decommissioning. 

For rate-regulated licensees, these subaccounts are typically funded with 

Public Utility Commission-authorized 

rate collections once it is established 

that the trust dedicated to radiologically 

decommissioning is sufficiently funded 

in accordance with NRC regulations. 

While non-rate-regulated (i.e., 

merchant) licensees do not have access 

to rate collection, they may still fund 

such sub-accounts through alternate 

means or request a reallocation of funds 

across their decommissioning trust fund 

accounts using the 10 CFR 50.12 

exemption process. The NRC is denying 

the petition because it does not raise a 

significant safety or security concern 

and the requested amendments are not 

necessary to enable licensees to access 

excess decommissioning funding prior 

to decommissioning for the purpose of 

disposal of major radioactive 

components under existing regulations 

in 10 CFR part 50. 

IV. Conclusion 

For the reasons cited in this 

document, the NRC is denying PRM– 

50–119. The NRC reaffirms that its 

existing regulations continue to provide 

reasonable assurance of adequate 

protection of public health and safety. 

Dated: January 24, 2022. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2022–01685 Filed 2–3–22; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 429 and 431 

[EERE–2020–BT–TP–0011] 

RIN 1904–AE62 

Energy Conservation Program: Test 

Procedure for Electric Motors; 

Extension of Comment Period 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking; 

extension of public comment period. 

SUMMARY: On December 17, 2021, the 

U.S. Department of Energy (‘‘DOE’’) 

published a notice of proposed 

rulemaking (‘‘NOPR’’) on potential 

amendments to its test procedure for 

electric motors. The NOPR provided an 

opportunity for submitting written 

comments, data, and information on the 

proposal by February 15, 2022. DOE 

received requests from the National 

Electrical Manufacturers Association 

(‘‘NEMA’’) and the Hydraulic Institute 

(‘‘HI’’) on January 25, 2022, and January 

26, 2022, respectively, asking DOE to 

extend the public comment period for 

30 additional days. DOE has reviewed 

these requests and is granting an 

extension of the public comment period 

to allow public comments to be 

submitted until February 28, 2022. 

DATES: The comment period for the 

NOPR published on December 17, 2021 

(86 FR 71710), is extended. DOE will 

accept comments, data, and information 

regarding this request for information 

(RFI) received no later than February 28, 

2022. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2020–BT–TP–0011, by 

any of the following methods: 

(1) Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) Email: ElecMotors2020TP0011@

ee.doe.gov. Include the docket number 

EERE–2020–BT–TP–0011 or regulatory 

information number (‘‘RIN’’) 1904–AE62 

in the subject line of the message. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing COVID–19 pandemic. DOE 

is currently suspending receipt of public 

comments via postal mail and hand 

delivery/courier. If a commenter finds 

that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the COVID–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

Docket: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts (if a public 

meeting is held), comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

The docket web page can be found at 

www.regulations.gov/docket?D=EERE2020-BT-TP-0011. The docket web page 

contains instructions on how to access 

all documents, including public 

comments, in the docket. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Jeremy Dommu, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 


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