Our New, Improved Petition for Rulemaking Process

Jennifer Borges
Regulations Specialist

A Typical PETITION for Rulemaking Process graphic_ICONS_vert_r12finalAfter several years of work, the NRC has issued a final rule that amends the process we follow whenever someone asks the agency to issue new rules or change existing ones. We call this our petition for rulemaking (PRM) process, and it is described in sections 2.802 and 2.803 of Title 10 of the Code of Federal Regulations. The final rule became effective Nov. 6.

As we said in our previous blog, “You Can Ask the NRC to Change Its Rules” (May 2014), the revisions expand a petitioner’s access to the NRC by allowing consultation with our staff both before and after filing a petition for rulemaking. The revisions also restructure and clarify the content requirements for a petition for rulemaking; clarify our evaluation criteria; explain our internal process for receiving, closing, and resolving a petition; and update information for tracking the status of petitions and subsequent rulemaking actions.

So that you can better understand how to submit a petition, the NRC staff has updated the rulemaking petition process website and posted a new backgrounder that explains the PRM process in plain language.

Anyone needing help with the process may contact the NRC. The NRC staff can describe the process for filing, docketing, tracking, closing, amending, withdrawing and resolving petitions for rulemaking. The staff also can provide status information. Our Petition for Rulemaking Docket website also has status information on all petitions for rulemaking dating back to 1999. The petitions are organized by the year they were docketed. You can visit this website to check on issues that may interest you.

Incidentally, when we “docket” a petition, it means the petition and all related documents will be put in an electronic file for the public to read. We docket only the petitions that include the required information, raise an issue that warrants further consideration and ask for a change that is within the NRC’s legal authority. After the petition is docketed the NRC begins to evaluate the issues the petitioner raises to determine if they should be considered in rulemaking.

The NRC currently has 20 petitions under review. In 2015 so far we have docketed six PRMs. Three address whether to change the basis for our radiation protection standards. The others deal with whether “important to safety” needs to be better defined; whether the NRC should require temperature monitoring devices in the core of nuclear power reactors; and whether to make certain optional risk-informed regulations more widely available.

If we are taking comments on a petition, there will be a “comment now” button that takes you to a Web form you can use to communicate with us. You can even receive an alert when something is added to the docket. To subscribe, click on the docket link, then click “sign up for email alerts” on the right-hand side.

We were recognized last year for our work in educating the public about how to submit a petition. A November 2014 report to the Administrative Conference of the United States applauds the NRC for regularly communicating with petitioners and reporting on the status of petitions. We hope you agree and find our new rule makes our process even better.

 

Updating Nuclear Materials Transportation Regulations

Michele Sampson
Chief, Spent Fuel Licensing Branch

The idea of transporting nuclear materials can make people nervous. It’s easy to imagine worst-case accidents on the highway or involving a train. But stringent safety requirements, as well as coordination among federal agencies, international regulators, and state and local officials, help to ensure these shipments are made safely. This structure provides many layers of safety.

10cfrtwopartjpgFrom time to time, the requirements are updated to address new information. The International Atomic Energy Agency and U.S. Department of Transportation recently updated their requirements. The NRC just amended ours to reflect those updates, as well as to make some changes we felt were needed based on recent experience. You can read the Federal Register notice on the final rule, published June 12.

While the rules are revised periodically, the fact remains that nuclear materials are transported safely all the time. By far the majority of shipments involve small quantities of nuclear materials. Millions of these shipments are made each year and arrive at their destination without incident. Smaller shipments must be made in compliance with DOT regulations for shipping hazardous materials. The greater the potential risk of the contents, the more stringent DOT’s packaging requirements are. The DOT regulations limit how much radioactivity can be transported in each package. That way, no transport accident involving these small shipments would pose a serious health threat.

But what about larger amounts of radioactive materials? What about spent nuclear fuel?

In addition to having to meet DOT requirements, more radioactive cargo such as spent fuel must meet NRC regulations for nuclear materials packaging and transport in 10 CFR Part 71. These regulations include very detailed requirements for shipping under normal conditions, as well as stringent tests to show the packages can withstand severe accidents. These are the regulations we just finished updating.

If you would like to learn more about the transportation of spent fuel and radioactive materials, see our backgrounder.