[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Notices]
[Pages 14456-14457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7641]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 70-7001 and 70-7002]


Criteria for Staff Implementation of ``Backfitting'' Requirements 
for Gaseous Diffusion Plants; Notice of Availability

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability.

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SUMMARY: On March 3, 1997, the U.S. Nuclear Regulatory Commission 
assumed regulatory jurisdiction over the Gaseous Diffusion Plants 
(GDPs) from the U.S. Department of Energy. The GDPs are regulated under 
10 CFR part 76 of the Commission's regulations. The NRC staff has 
developed Office of Nuclear Material Safety and Safeguards (NMSS) 
Policy and Procedures Letter 1-53 to implement the ``Backfitting'' 
provision of 10 CFR 76.76. This procedure is available for inspection 
at the NRC Public Document Room and Local Public Document Rooms 
discussed below.

DATES: The NMSS Policy and Procedures Letter 1-53 is effective on March 
3, 1997 as an interim procedure. Comments on the interim procedure are 
due on or before May 27, 1997.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. ATTN: Docketing and Service 
Branch. Hand deliver comments to 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:45 am and 4:15 pm during Federal Workdays.
    Copies of comments received may be examined at the NRC Public 
Document Room, 2120 L Street NW. (Lower Level), Washington, DC and at 
the Local Public Documents Rooms (LPDRs), under Docket No. 70-7001, at 
the Paducah Public Library, 555 Washington Street, Paducah, Kentucky 
42003; and under Docket No. 70-7002, at the Portsmouth Public Library, 
1220 Gallia Street, Portsmouth, Ohio 45662.
    Copies of NMSS Policy and Procedures Letter 1-53 may be obtained as 
indicated in the Discussion portion of Supplementary Information.

FOR FURTHER INFORMATION CONTACT:
Tom Wenck, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 
415-8088.

SUPPLEMENTARY INFORMATION: 

Discussion

    On November 26, 1996, the Director, NMSS, issued the initial 
Certificates of Compliance to the United States Enrichment Corporation, 
authorizing the continuing operation of its GDPs. When the certificates 
became effective on March 3, 1997, the U.S. Nuclear Regulatory 
Commission (NRC) assumed regulatory jurisdiction over the GDPs from the 
Department of Energy.
    Section 76.76 of part 76 to Chapter I of Title 10 of the Code of 
Federal Regulations (CFR) contains a provision on ``Backfitting.'' 
``Backfitting'' is defined in 10 CFR 76.76 to be ``* * * the 
modification of, or addition to, systems, structures, or components of 
a plant or to the procedures or organization required to operate a 
plant; any of which may result from a new or amended provision in the 
Commission rules or the imposition of a regulatory staff position 
interpreting the Commission rules, that is either new or different from 
a previous NRC staff position.'' The intent of 10 CFR 76.76 is to 
provide a process by which to manage staff's imposition of new plant-

[[Page 14457]]

 specific and/or generic regulatory staff positions on the GDPs.
    Although backfits are expected to occur and are a part of the 
regulatory process, it is important for sound and effective regulation 
that backfits are conducted in a controlled process. The NRC staff has 
developed NMSS Policy and Procedures Letter 1-53 on GDP generic and 
plant-specific backfitting. Copies of this procedure can be obtained 
from the Commission Public Document Room (PDR), 2120 L Street, NW., 
Washington, DC and at the Local Public Document Rooms (LPDRs), under 
Docket No. 70-7001, at the Paducah Public Library, 555 Washington 
Street, Paducah, Kentucky 42003; and under Docket No. 70-7002, at the 
Portsmouth Public Library, 1220 Gallia Street, Portsmounth, Ohio 45662.
    Appendix 1 to NMSS Policy and Procedures Letter 1-53 provides 
guidance to the NRC staff on the proper NRC mechanisms (e.g., 
rulemaking) to use in establishing or communicating legal requirements 
and NRC staff positions to certificatees. Appendix 4 contains guidance 
to the NRC staff for making backfit determinations. Once a backfit 
determination has been made, and the proposed backfit does not meet 
either of the 2 exception \1\ given in 10 CFR 76.76(a)(4) (i) and (ii), 
the NRC staff is required by 10 CFR 76.76(a)(3) to perform a cost/
benefit analysis to determine ``that there is a substantial increase 
(emphasis added) in the overall protection of the public health and 
safety or the common defense and security to be derived from the 
backfit and that the direct and indirect costs of implementation for 
that plant are justified in view of this increased protection.''
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    \1\ These exceptions are backfits that are necessary in order to 
ensure (a) that the plants provide adequate protection to the health 
and safety of the public and are in accord with the common defense 
and security, or (b) to bring the plants into compliance with the 
certificates, rules or orders of the Commission, or into conformance 
with written commitments by the Corporation.
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    Appendix 3 of NMSS Policy and Procedures Letter 1-53 contains 
guidance on application of the ``Substantial Increase'' Standard. This 
standard provides qualitative criteria for NRC staff to make a safety/
safeguards ``net benefits'' determination of cost/benefits for the 
proposed backfit where a quantitative approach is not feasible.
    NMSS Policy and Procedures Letter 1-53 is the first backfit 
procedure developed for facilities other than nuclear power reactor 
facilities. In addition, the GDPs are existing facilities which have 
operated under the Department of Energy for a number of years. 
Recognizing that this procedure may be addressing new issues, the NRC 
will accept public comments which focus on specific technical contents 
of the procedure.

Opportunity for Comments

    The GDP backfit implementing procedure will be used by the NRC 
staff as an interim procedure pending completion of public review and 
resolution of comments on this FR Notice. Comments will be accepted 
which focus on the specific appendices discussed above. Comments in 
other areas of the procedures will be considered if they are directly 
related to the backfit issue. Procedures such as NMSS Policy and 
Procedures Letters are used by NRC as guidance to the NRC staff on 
NRC's internal management process.

    Dated at Rockville, Maryland this 17th day of March 1997.

    For the Nuclear Regulatory Commission.
John T. Greeves,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 97-7641 Filed 3-25-97; 8:45 am]
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