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The nuclear regulatory activities of the U.S. Nuclear Regulatory Commission (NRC) include decommissioning nuclear facilities. This involves safely removing a facility or site from service and reducing residual radioactivity to a level that permits the license to be terminated, with the property released either for unrestricted use or under specified restricted conditions. Under certain conditions (as allowed by the Atomic Energy Act), the NRC enters into agreements with State governors. Those agreements authorize individual States to regulate the decommissioning of materials facilities within their borders. States that meet these conditions and agree to use the same regulatory standards as the NRC are called Agreement States. In States that do not have agreements with the NRC, the Office of Federal and State Materials and Environmental Management Programs (FSME) and the NRC's regional offices exercise regulatory authority over the decommissioning of materials facilities. In addition, the NRC retains regulatory authority over decommissioning in certain portions of Agreement States that are subject to "exclusive Federal jurisdiction," including most American Indian reservations and certain areas of military bases.

The U.S. Nuclear Regulatory Commission has extended the public comment period on the proposed rule revisions to the environmental protection regulations, specifically the Summary of Findings on National Environmental Policy Act (NEPA) Issues for License Renewal of Nuclear Power Plants and the draft revision of Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants, NUREG-1437, originally published in 1996. The submittal deadline is extended from Oct. 14 to Jan. 12, 2010. The public can view the NRC's original notice on the proposed rule revisions in the Federal Register at: http://edocket.access.gpo.gov/2009/pdf/E9-24153.pdf exit icon PDF Iconand the original press release at: http://www.nrc.gov/reading-rm/doc-collections/news/2009/09-130.html. The NRC has held public meetings to obtain comments in Georgia, Massachusetts, Illinois and Maryland; the California meetings will be held in October and have been announced separately. Comments on the proposed rule, draft revised GEIS and associated documents may be submitted via the federal e-Rulemaking Portal at http://www.regulations.gov exit icon (Docket I.D. NRC-2008-0608); by e-mail to Rulemaking.Comments@nrc.gov ; by mail to Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, ATTN: Rulemakings and Adjudications Staff; or by fax to 301-492-3466. Written comments on the draft revised GEIS should be sent to: Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, Mailstop TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001.

The U.S. Nuclear Regulatory Commission has extended the public comment period on the proposed rule revisions to the environmental protection regulations, specifically the Summary of Findings on National Environmental Policy Act (NEPA) Issues for License Renewal of Nuclear Power Plants and the draft revision of Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants, NUREG-1437, originally published in 1996. The submittal deadline is extended from Oct. 14 to Jan. 12, 2010. The public can view the NRC's original notice on the proposed rule revisions in the Federal Register at: http://edocket.access.gpo.gov/2009/pdf/E9-24153.pdf exit icon PDF Iconand the original press release at: http://www.nrc.gov/reading-rm/doc-collections/news/2009/09-130.html. The NRC has held public meetings to obtain comments in Georgia, Massachusetts, Illinois and Maryland; the California meetings will be held in October and have been announced separately. Comments on the proposed rule, draft revised GEIS and associated documents may be submitted via the federal e-Rulemaking Portal at http://www.regulations.gov exit icon (Docket I.D. NRC-2008-0608); by e-mail to Rulemaking.Comments@nrc.gov ; by mail to Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, ATTN: Rulemakings and Adjudications Staff; or by fax to 301-492-3466. Written comments on the draft revised GEIS should be sent to: Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, Mailstop TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001.

At the very end of the Nuclear Regulatory Commission "Town Hall" meeting at Embassy Suites on May 28, we in the audience were made aware that the Nuclear Regulatory Commission is almost entirely funded by the nuclear industry itself rather than our government, through taxes. They consider it a "user fee."( On Sunday June 7, I was listening to Public Radio International's This American Life episode called "The Watchmen". We were told that the big investment banks, like AIG, also paid a "user fee" (not their words) to their regulatory agency-in this case, the Office of Thrift Supervision. (It was in the interests of both the industry and the agency that investment bonds be awarded high ratings. If the ratings were low, the investment banks would lose business, and the regulatory agency would have less to "regulate" and consequently also lose business. High ratings, whether accurate or not, led to a win/win situation for all concerned; except of course for us, the public.( What is to protect us now from the similar scenario of the nuclear industry paying for its own regulation?

Department of Energy, Idaho Operations Office, Idaho Spent Fuel Facility; Issuance of Environmental Assessment and Finding of No Significant Impact Regarding the Proposed Exemption From Certain Regulatory Requirements of 10 CFR Part 20 AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of an Environmental Assessment and Finding of No Significant Impact. ----------------------------------------------------------------------- FOR FURTHER INFORMATION CONTACT: Shana Helton, Senior Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear Regulatory Commission (NRC), Rockville, MD 20852. Telephone: (301) 492- 3284; fax number: (301) 492-3348; e-mail: shana.helton@nrc.gov. SUPPLEMENTARY INFORMATION: Pursuant to 10 CFR 20.2301, the U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an exemption to the United States Department of Energy, Idaho Operations Office (DOE or applicant), from the requirements of 10 CFR 20.1501(c). Section 20.1501(c) requires that dosimeter processors hold current personnel dosimetry accreditation from the National Voluntary Laboratory Accreditation Program (NVLAP) of the National Institute of Standards and Technology. Exemption from this requirement of 10 CFR 20.1501(c) would allow DOE to use the DOE Laboratory Accreditation Program (DOELAP) process for personnel dosimetry at Idaho Spent Fuel (ISF) facility independent spent fuel storage installation (ISFSI), located at the Idaho National Engineering and Environmental Laboratory in Butte County, Idaho.

By letter dated June 12, 2008, Governor Timothy M. Kaine of Virginia requested that the U.S. Nuclear Regulatory Commission (NRC or Commission) enter into an Agreement with the Commonwealth of Virginia (Commonwealth or Virginia) as authorized by Section 274 of the Atomic Energy Act of 1954, as amended (Act). Under the proposed Agreement, the Commission would relinquish, and the Commonwealth would assume, portions of the Commission's regulatory authority exercised within the Commonwealth. As required by the Act, the NRC is publishing the proposed Agreement for public comment. The NRC is also publishing the summary of an assessment by the NRC staff of the Commonwealth's regulatory program. Comments are requested on the proposed Agreement, especially its effect on public health and safety. Comments are also requested on the NRC staff assessment, the adequacy of the Commonwealth's program, and the Commonwealth's program staff, as discussed in this notice.

The theme of the Nuclear Regulatory Commission's 21st Annual Regulatory Information Conference (RIC) will be Safe Today -- Safer Tomorrow: The Power of Sharing Knowledge. The RIC will be held March 10-12 at the Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli Road, Bethesda, Md. More than 2,300 people are expected to attend, including representatives from more than 25 foreign countries, the nuclear industry and congressional staff. Agency speakers at the conference will include NRC Chairman Dale E. Klein and Commissioners Gregory B. Jaczko, Peter B. Lyons, Kristine L. Svinicki, and Executive Director for Operations William Borchardt. This year's special guest speaker is Jason Grumet, the founder and president of the Bipartisan Policy Center, which has been active in leading unique coalitions that could lead to significant policy achievements at both the state and federal level. The conference brings together NRC staff, plant owners, nuclear materials users and other interested stakeholders to discuss nuclear safety and security topics and current regulatory activities. Topics at this year's RIC include: construction and licensing of new nuclear power plants; advanced reactor designs; security; safety research; domestic and international nuclear power plant operating experience; technical issues such as digital instrumentation and control in nuclear plants and fire protection; operator training; and safe disposal of nuclear waste. The conference will also feature posters, exhibits and models on various nuclear topics of interest.

Notice of Issuance of Early Site Permit and Limited Work Authorization for the Vogtle Electric Generating Plant ESP Site AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Issuance of Early Site Permit and Limited Work Authorization. SUPPLEMENTARY INFORMATION: [[Page 44880]] I. Introduction Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC) is providing notice of the issuance of Early Site Permit (ESP) ESP-004 to Southern Nuclear Operating Company (SNC), Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners, for approval of a site located in Burke County, Georgia, 26 miles southeast of Augusta, Georgia for two nuclear power reactors; this action is separate from the filing of an application for a construction permit or combined license for such a facility. The NRC has found that the application for an early site permit (ESP), and accompanying limited work authorization (LWA), filed by Southern Nuclear Operating Company (SNC), on behalf of itself and the other four entities named above, complies with the applicable requirements of the Atomic Energy Act of 1954, as amended, and the applicable rules and regulations of the Commission. All required notifications to other agencies or bodies have been duly made. There is reasonable assurance that the permit holders will comply with the regulations in 10 CFR Chapter I and the health and safety of the public will not be endangered. There is reasonable assurance that the site is in conformity with the provisions of the Act and the Commission's regulations. SNC is technically qualified to engage in the activities authorized. Issuance of the ESP will not be inimical to the common defense and security or to the health and safety of the public. Issuance of the LWA will provide reasonable assurance of a

Notice of Issuance of Early Site Permit and Limited Work Authorization for the Vogtle Electric Generating Plant ESP Site AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Issuance of Early Site Permit and Limited Work Authorization. SUPPLEMENTARY INFORMATION: [[Page 44880]] I. Introduction Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC) is providing notice of the issuance of Early Site Permit (ESP) ESP-004 to Southern Nuclear Operating Company (SNC), Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners, for approval of a site located in Burke County, Georgia, 26 miles southeast of Augusta, Georgia for two nuclear power reactors; this action is separate from the filing of an application for a construction permit or combined license for such a facility. The NRC has found that the application for an early site permit (ESP), and accompanying limited work authorization (LWA), filed by Southern Nuclear Operating Company (SNC), on behalf of itself and the other four entities named above, complies with the applicable requirements of the Atomic Energy Act of 1954, as amended, and the applicable rules and regulations of the Commission. All required notifications to other agencies or bodies have been duly made. There is reasonable assurance that the permit holders will comply with the regulations in 10 CFR Chapter I and the health and safety of the public will not be endangered. There is reasonable assurance that the site is in conformity with the provisions of the Act and the Commission's regulations. SNC is technically qualified to engage in the activities authorized. Issuance of the ESP will not be inimical to the common defense and security or to the health and safety of the public. Issuance of the LWA will provide reasonable assurance of a

The Nuclear Regulatory Commission (NRC) Regulatory Agenda is a semiannual compilation of the agency's recent rulemaking activities. It contains a summary and the status for each ongoing rulemaking and petition for rulemaking received by the agency. Organization of the Agenda The agenda consists of two sections that have been updated through December 31, 2008. Section I, "Rules," includes: (A) rules on which final action has been taken since June 30, 2008, the closing date of the last NRC Regulatory Agenda; (B) rules published previously as proposed rules on which the Commission has not taken final action; (C) rules published as advance notices of proposed rulemaking for which neither a proposed nor final rule has been issued; and (D) unpublished rules on which the NRC expects to take action. Section II, "Petitions for Rulemaking," includes: (A) final actions on petitions for rulemaking since June 30, 2008; and (B) petitions pending staff review. In Section I of the agenda, the rules are aligned numerically with the parts of Title 10, Chapter I, of the Code of Federal Regulations (CFR) (Title 10). If more than one rule appears under the same part, the rules are arranged within that part by date of most recent publication. If a rule amends multiple parts, the rule is listed under the lowest numbered affected part. In Section II of the agenda, the petitions are aligned numerically with the parts of Title 10 and are identified with a petition for rulemaking (PRM) number. If more than one petition appears under the same CFR part, the petitions are arranged by PRM numbers in consecutive order within that part of Title 10.

"* To suspend $10 bln in investment over next 5 years * Cites deteriorating regulatory environment in Florida * Progress Energy sees similar regulatory action * FPL shares off 3 pct, Progress shares edge up - FPL Group Inc, owner of the largest utility in Florida, said it would halt spending on projects in the state representing about $10 billion of investment over the next five years because of a deteriorating regulatory environment. The Florida Public Service Commission on Wednesday unanimously rejected FPL's request to raise its base rates by 30 percent, or $1.3 billion, and instead allowed an increase of $75.4 million."

"The Nuclear Regulatory Commission staff is citing Florida Power & Light Co. for three violations and has proposed a $70,000 civil penalty against the company for an issue with the Unit 3 spent fuel pool racks at the Turkey Point nuclear power plant near Homestead, Fla., about 20 miles south of Miami. In December 2009, the NRC became aware that the neutron-absorbing material called Boraflex in the Unit 3 spent fuel pool had degraded below the levels spelled out in the plant's design basis documents. Although FPL had taken compensatory measures including the addition of soluble boron, the regulatory requirements that ensure the spent fuel pool remains safe were not met. The company's actions ensured the pool's condition did not pose an immediate safety concern, but the NRC found that FPL did not promptly identify and correct the condition. The NRC issued the civil penalty because the agency felt the company did not report the condition in a timely fashion. The NRC has determined that the issue has low to moderate safety significance and may result in additional inspections. The NRC staff held a regulatory and enforcement conference with FPL in April, and the company disagreed with some aspects of the NRC's evaluation. After considering information provided by FPL, the NRC staff issued its final determination including the three violations and $70,000 fine."

The Nuclear Regulatory Commission issued its FY 2008 Citizens' Report that provides a summary of the agency's fiscal year (FY) 2008 Performance and Accountability Report, which was released in November 2008. The Citizens' Report highlights the agency's achievements in promoting nuclear safety and security while adhering to the principles of regulatory independence, transparency, and reliability. "With the U.S. commercial nuclear industry poised for significant growth, it is more important than ever that the NRC provide effective and efficient regulatory oversight of nuclear materials and facilities, while prudently managing the resources entrusted to it by the American people," said Chairman Dale Klein.

Power company Exelon Corp expects to extend its hostile bid for NRG Energy Inc past the January 6 deadline as it awaits regulatory approvals, the company said in a regulatory filing on Tuesday. Exelon, which has offered to buy Princeton, New Jersey-based NRG at a price now valued at about $5.8 billion, has sought U.S. regulatory approval for the deal, although NRG management has rejected the offer as too low.

The Nuclear Regulatory Commission is considering a request from Virginia Gov. Timothy M. Kaine to assume part of the NRC's regulatory authority over certain nuclear materials in the commonwealth. If the request is accepted, Virginia will become the 36th state to sign such an agreement with the NRC. Under the proposed agreement, the NRC would transfer to Virginia the responsibility for licensing, rulemaking, inspection and enforcement activities for: (1) radioactive materials produced as byproducts from the production or utilization of special nuclear material (SNM--enriched uranium or plutonium); (2) naturally occurring or accelerator-produced byproduct material (NARM); (3) source material (uranium and thorium); and (4) SNM in quantities not sufficient to support a nuclear chain reaction. If the proposed agreement is approved, it is estimated that there will be 420 total licenses in the Commonwealth of Virginia. NRC would transfer 386 licenses to the commonwealth's jurisdiction. In addition, the commonwealth would retain regulatory authority for approximately 216 NARM licenses. Approximately 180 of these NARM licenses are dually regulated by Virginia and the NRC.

Thomas E. Magette on Behalf of EnergySolutions, LLC; Notice of Denial of Petition for Rulemaking AGENCY: Nuclear Regulatory Commission. SUMMARY: The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Mr. Thomas E. Magette on behalf of EnergySolutions, LLC. The petitioner requested that the NRC's regulations governing domestic licensing of production and utilization facilities be amended 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'' (MRCs) that have been removed from reactors before the permanent cessation of operations.

Notice of Availability and Solicitation of Public Comments on Documents Under Consideration To Establish the Technical Basis for New Performance-Based Emergency Core Cooling System Requirements AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability and request for public comment. ----------------------------------------------------------------------- SUMMARY: The Nuclear Regulatory Commission (NRC) is announcing the availability of Research Information Letter (RIL) 0801, ``Technical Basis for Revision of Embrittlement Criteria in 10 CFR 50.46'' and NUREG/CR-6967, ``Cladding Embrittlement During Postulated Loss-of- Coolant Accidents,'' and is seeking public comment on these documents. The NRC is soliciting comment on the subject documents to confirm that a sufficient technical basis exists to proceed with new performance- based regulations on emergency core cooling system (ECCS) acceptance criteria, and to identify issues that may arise with respect to experimental data development or regulatory costs or impacts of new requirements.

AGENCY: Nuclear Regulatory Commission. ACTION: Petition for rulemaking: Denial. SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Eric Epstein (PRM-54-5). The petition requests that the NRC amend its regulations that govern renewal of operating licenses for nuclear power plants. Specifically, the petitioner requests that the NRC conduct a comprehensive review of U.S. nuclear power plant licensees' emergency planning during the license renewal proceedings. The NRC is denying the petition because the petition presents issues that the Commission carefully considered when it first adopted the license renewal rule and denied petitions for rulemaking submitted by Andrew J. Spano, County Executive, Westchester County, New York (PRM-54-02), and Mayor Joseph Scarpelli of Brick Township, New Jersey (PRM-54-03). The Commission's position is that the NRC's emergency planning system is part of a comprehensive regulatory process that is intended to provide continuing assurance that emergency planning for every nuclear plant is adequate. Thus, the Commission has already extensively considered and addressed the types of issues raised in the petition. Also, the petition fails to present any significant new information or arguments that would warrant the requested amendment.

The United States is seriously discussing expanding the role of nuclear energy to both reduce its carbon emissions and foreign fuel dependence. In a recent online feature, David Lochbaum criticized the Nuclear Regulatory Commission (NRC) for its past regulatory lapses and wrote that it would be challenged to handle the increased responsibilities. What sort of changes in federal oversight would be required to ensure both the public's safety and to allow U.S. nuclear power to grow? Below, our four experts explore the current framework, its strengths and weaknesses, and what reform at the NRC might look like.

This database is currently being developed by the U.S. Nuclear Regulatory Commission's (NRC) Office of Nuclear Regulatory Research to track annual aqueous and atmospheric effluent release data and offsite doses calculated for each nuclear power plant in the United States. Effluent release data and calculated doses to individuals offsite are submitted annually to the NRC in accordance with requirements outlined in 10 CFR 50.36(a)(2). Further discussion of these reports can be found in Regulatory Guide 1.21, which can be accessed through the NRC's website. Effluent and dose data are entered directly from the annual reports submitted by each licensee. Questions related to a specific plant should be directed to the NRC Project Manager for that particular plant. General questions about the database should be directed to the Office of Public Affairs.

A Utah congressman has joined some of his D.C. colleagues in calling on the Nuclear Regulatory Commission to declare if EnergySolutions' Clive facility falls under the regulatory authority of the Northwest Compact. The Tuesday letter authored by Rep. Jim Matheson, D-Utah, and several other lawmakers echoes a question already poised to a federal judge and under consideration after a motion hearing in Salt Lake City late last month. Specifically, in its attempts to import low-level radioactive waste from Italy for storage in Tooele County, EnergySolutions officials have argued that its Clive facility falls outside the regulatory purview of the compact because Congress did not expressly grant that much power to the compact. EnergySolutions had sought a permit from the NRC for disposal, but the commission said it would first wait until the federal court ruling.

Nuclear Regulatory Commission's Involvement With the Navy's Remediation of the Hunters Point Shipyard Site in San Francisco, CA AGENCY: Nuclear Regulatory Commission. ACTION: Notice of jurisdiction and future involvement. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has decided that it will take a limited involvement approach to stay informed about the Navy's ongoing remediation of the Hunters Point Shipyard (HPS) site in San Francisco, California. NRC will rely on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) process and the U.S. Environmental Protection Agency (EPA) Region 9 oversight. This notice discusses NRC's jurisdiction and future limited involvement at the HPS site and how it plans on staying informed about the Navy's remediation in the future.