The U.S. Nuclear Regulatory Commission's Rulemaking Process and the Part 74 Rulemaking

摘要

The Atomic Energy Act of 1954, as amended, empowers the U.S. Nuclear RegulatoryCommission (NRC) to establish by rule or order, and to enforce, standards to govern civilianuses of nuclear materials in order to protect health and safety and minimize danger to life orproperty. The NRC issues regulations in Title 10 Code of Federal Regulations (10 CFR).NRC Regulations govern the construction and operation of nuclear power plants and fuelcycle facilities as well as the use of radioactive materials. The NRC's rulemaking process isgoverned by the Administrative Procedures Act. NRC regulations are created and updated inan open environment, providing opportunities for the public to provide input to the regulationsmultiple times. The rulemaking process includes coordination between the NRC, itslicensees, the public, and other interested parties. NRC develops, documents, andimplements policies and procedures for developing effective, coherent, consistent, andunderstandable regulations. NRC staff prepare regulatory analyses, including cost analysison the impact of proposed regulatory activities and the risk significance of its regulations.NRC also creates rulemaking schedules to ensure that rules are developed in time framesspecified by Commission guidance. This paper will provide an overview of the NRC'srulemaking process. NRC staff are currently revising 10 CFR Part 74: Material Control andAccounting for Special Nuclear Material. This section details the requirements for materialcontrol and accounting (MC&A) of special nuclear material (SNM) for fuel cycle facilities andother licensees possessing SNM. The revision includes relocating some MC&A requirementsfrom other 10 CFR chapters to consolidate MC&A requirements in Part 74. Additionalchanges include revision of general performance objectives, addition of definitions, revision ofMC&A exemptions, and enhancement of tamper-indicating device programs. This paper willdiscuss the proposed changes to 10 CFR Part 74 and opportunities for public involvementduring the remainder of the rulemaking process.