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Proposed Rules
Federal Register Vol. 86, No. 60
Wednesday, March 31, 2021

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.

NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
Docket No. PRM50118; NRC20190071

Measurement Standards Used at U.S.
Nuclear Power Plants Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; denial.
AGENCY:

The U.S. Nuclear Regulatory Commission NRC is denying a petition for rulemaking, submitted by Mr.
Michael Taylor the petitioner, dated December 3, 2018. The petition was docketed by the NRC on March 4, 2019, and was assigned Docket No. PRM50
118. The petitioner requested that the NRC amend its regulations regarding the measurement standards used at U.S.
nuclear power plants. The NRC is denying the petition because the NRCs current regulations and oversight activities provide reasonable assurance of adequate protection of public health and safety.
DATES: The docket for PRM50118 is closed on March 31, 2021.
ADDRESSES: Please refer to Docket ID
NRC20190071 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 NRC20190071. Address questions about NRC dockets to Dawn Forder; telephone: 3014153407;
email: Dawn.Forder@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
NRCs Agencywide Documents Access and Management System ADAMS: You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https www.nrc.gov/reading-rm/

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adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room PDR
reference staff at 18003974209, 301
4154737, 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.
Attention: The Public Document Room PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at PDR.Resource@nrc.gov or call 1800
3974209 between 8:00 a.m. and 4:00
p.m. EST, Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Solomon Sahle, Office of Nuclear Material Safety and Safeguards, telephone: 3014153781, email:
Solomon.Sahle@nrc.gov, or Greg Galletti, Office of Nuclear Reactor Regulation, telephone: 3014151831, email: Greg.Galletti@nrc.gov. Both are staff of the 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 rulemakingrequirements for filing, provides an opportunity for any interested person to petition the Commission to issue, amend, or rescind any regulation. On December 3, 2018, the NRC received a petition for rulemaking PRM from Mr. Michael Taylor, as amended on July 22, 2019
ADAMS Accession Nos. ML19074A303
and ML19199A014, respectively. The petitioner requested that the NRC
amend its regulations to require that all metrology and calibration laboratories at nuclear power plants become certified by accrediting organizations that require the use of certain measurement standards. The petitioner also requested that the NRC require training of all personnel and their management that make measurements at nuclear power plants, to ensure a clear understanding of the effects of measurement standards.
The petitioner is concerned that U.S.
nuclear power plants are not required to use or have internal metrology or
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calibration laboratories that are certified under an accrediting organization such as the American Association for Laboratory Accreditation, National Voluntary Laboratory Accreditation Program, or similar accrediting body, as a part of normal and required operations. The petitioner states that, because of this lack of accreditation, certain important factors are not currently considered in measurements conducted at nuclear power plants, including the ratio of measurement standards to units under test. The petitioner contends that this leads to an unresolved safety issue for Quality safety-related measurements in particular. The petitioner also states that existing internal quality assurance and documents and standards currently in use for inspections and audits do not adequately address this concern.
II. Public Comments on the Petition A. Overview of Public Comments The NRC published the notice of receipt and request for public comment in the Federal Register on May 15, 2019
84 FR 21727. The public comment period closed on July 29, 2019. The NRC
received a total of five public comments.
Three comments expressed support for the petition, one did not clearly support or oppose the petition, and one from the petitioner provided grammatical corrections and minor clarifications to the petition.
The NRC reviewed and considered the public comments received in making its decision to deny the PRM.
The NRC response follows a short summary of each comment.
B. NRC Responses to Public Comments Comment: One comment, from an anonymous individual, agrees with the petitioner that the current regulations leave margin for error and that additional regulations are necessary.
NRC Response: The NRC disagrees with this comment. The NRC performed an independent search of all licensee event reports and greater-than-green inspection findings since 2015 and did not identify any examples of safety issues caused by the lack of laboratory certification requirements. In addition, a licensees calibration program must meet the requirements of criterion XII, Control of Measuring and Test Equipment, of appendix B, Quality Assurance Criteria for Nuclear Power
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