Part 73- OMB Draft Supporting Statement - Proposed Rule ML18039A061 (6)

DRAFT SUPPORTING STATEMENT FOR INFORMATION COLLECTIONS CONTAINED IN
THE REGULATORY IMPROVEMENTS FOR PRODUCTION AND UTILIZATION FACILITIES
TRANSITIONING TO DECOMMISSIONING PROPOSED RULE
10 CFR PART 73
PHYSICAL PROTECTION OF PLANTS AND MATERIALS

DESCRIPTION OF INFORMATION COLLECTION
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that
govern production and utilization facility licensee activities during decommissioning. The NRC’s
goals in amending these regulations are to provide for an efficient decommissioning process;
reduce the need for exemptions from existing regulations and license amendment requests;
address other decommissioning issues deemed relevant by the NRC; and support the principles
of good regulation, including openness, clarity, and reliability. The proposed rule covers a wide
range of topics, including the following that would result in incremental changes in
recordkeeping and reporting requirements relative to existing rules:
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•
•
•
•
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Emergency preparedness,
Physical security,
Cyber security,
Fitness for duty,
Training requirements for a fuel handler program,
Decommissioning funding assurance,
Offsite and onsite financial protection requirements and indemnity agreements, and
Current regulatory approaches to decommissioning.

This supporting statement describes how the proposed rule will impact the information
collections in 10 CFR Part 73 (3150-0002). The supporting statements describing changes to
10 CFR Part 20 (3150-0014), 10 CFR Part 26 (3150-0146), 10 CFR Part 50 (3150-0011),
10 CFR Part 52 (3150-0151), and 10 CFR Part 72 (3150-0132) have been submitted under the
respective clearances.
Affected Entities
Under the proposed rule, changes to the information collection requirements would be triggered
by specified actions, all of which would occur after a nuclear power reactor licensee formally
begins the decommissioning process by certifying its permanent cessation of operations and
permanent removal of fuel from the reactor vessel under 10 CFR 50.82(a)(1) or 52.110(a). The
NRC staff estimates that three nuclear power reactors will permanently shutdown during the 3year period covered by this clearance.
Information Collections
The Part 73 information collection requirements that would be impacted by the proposed rule
are identified below by rulemaking topic. A more detailed description of the proposed rule

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changes is provided at the end of this supporting statement in “Description of Information
Collection Requirements.”
Physical security
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•
•
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73.5 – Exemption requests
73.51(a) – Physical security requirements
73.55(b)(3) – Physical protection program requirements
73.55(e)(9)(v) – Physical protection requirements for vital areas

Cyber security
•

73.54 – Cyber security plan requirements

Fitness for duty
•
A.

73.55(b)(9)(ii)(B)(2) – Insider mitigation program requirements
JUSTIFICATION
1.

Need for the Collection of Information
The reporting and recordkeeping requirements in Part 73 are necessary for one or
more of the following reasons:
• Information describing the content and planned operation of the licensee's
physical protection system (e.g., Cyber Security Plan, Physical Security Plan,
Safeguards Contingency Plan, or Training and Qualification Plan) is essential to
enable the NRC to make a determination about the adequacy of the licensee's
planned system in meeting regulatory requirements.
• Information describing the normal operation of the physical protection system
(e.g., access authorizations, equipment performance logs) is needed to permit
the NRC to make a determination as to reasonable assurance that the physical
protection system operates in accordance with the regulatory requirements.
• Information notifying the NRC of the occurrence of and circumstances
surrounding abnormal events (e.g., report of theft, sabotage, or overdue
shipment) is needed to enable the NRC to fulfill its responsibilities to respond to,
investigate, and correct situations that adversely affect public health and safety
or the common defense and security.

2.

Agency Use and Practical Utility of Information
Applicants or licensees requesting approval to construct or operate utilization or
production facilities are required by the Atomic Energy Act of 1954, as amended
(the Act), to provide information and data that the NRC may determine necessary to
ensure the health and safety of the public.
The information collected from power reactors under Section 73.5 is used by the
NRC to assess a licensee’s request for exemption from selected requirements in

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Part 73. The NRC determines if the exemption is authorized by law and whether it
will not endanger life or property or the common defense and security, and to
determine if it is otherwise in the public interest.
The proposed rule would require licensees to maintain a cyber security plan until
the spent fuel decay period has elapsed rather than after the reactor has
permanently shutdown. The information included in the cyber security plan would be
used by the NRC to assess the adequacy of the licensee’s plans to protect
computer and communication systems and networks against cyber attacks.
The proposed rule would clarify the elements of the fitness for duty program that
have to be incorporated into a licensee’s insider mitigation program after a nuclear
power reactor is permanently shutdown. The information included in the insider
mitigation program would continue to be used by the NRC to ensure that licensees
are adequately monitoring the trustworthiness and reliability of individuals accessing
the facility.
3.

Reduction of Burden Through Information Technology
The NRC has issued Guidance for Electronic Submissions to the NRC, which
provides direction for the electronic transmission and submittal of documents to the
NRC. Electronic transmission and submittal of documents can be accomplished via
the following avenues: the Electronic Information Exchange (EIE) process, which is
available from the NRC's “Electronic Submittals” Web page, by Optical Storage
Media (OSM) (e.g. CD-ROM, DVD), by facsimile or by e-mail.
The proposed rule would not impact the proportion of documents submitted to the
NRC electronically.

4.

Effort to Identify Duplication and Use Similar Information
No sources of similar information are available. There is no duplication of
requirements.

5.

Effort to Reduce Small Business Burden
Not applicable.

6.

Consequences to Federal Program or Policy Activities if the Collection Is Not
Conducted or Is Conducted Less Frequently
Physical Security
Section 73.5 exemption requests are collected and evaluated when licensees are
seeking relief from the requirements of Part 73. Each exemption request needs to
be submitted only once. The schedule for collecting the information is the minimum
frequency necessary to assure that licensees are complying with the law and are
not endangering life or property or the common defense and security. If the
information were not collected, then licensees could be required to comply with
unnecessary requirements.

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Sections 73.51 and 73.55(b) physical security plans are to be submitted for NRC
review and approval. If the information were not collected, or were collected less
frequently, the NRC would not have reasonable assurance that facilities are
protecting health and safety.
Cyber Security
Section 73.54 requires that cyber security plans be submitted to the NRC for review
and approval. Decommissioning licensees must maintain the approved cyber
security plan until the NRC has docketed the certifications required under Section
50.82(a)(1) or Section 52.110(a) and the spent fuel decay period has elapsed.
If the information were not collected, or collected less frequently, the NRC would not
have reasonable assurance that facilities are protected from cyber attacks.
Fitness for Duty
Section 73.55(b)(9) insider mitigation programs are described in the Physical
Security Plans, which are submitted to the NRC for review and approval. If the
information were not collected, or collected less frequently, the NRC would not have
reasonable assurance that licensee staff are trustworthy and reliable nor that the
licensee is capable of preventing significant core damage and spent fuel sabotage.
7.

Circumstances which Justify Variations from OMB Guidelines
Proposed Section 73.55(e)(9)(v) would require that the licensee document that all
vital equipment has been removed from the control room and the control room does
not serve as the vital area boundary for other vital areas before the control room
can be no longer subject to the physical protection requirements for vital areas.
According to Section 73.55(q)(2), licensees “shall maintain all records required to be
kept by Commission regulations, orders, or license conditions, until the Commission
terminates the license for which the records were developed, and shall maintain
superseded portions of these records for at least three (3) years after the record is
superseded, unless otherwise specified by the Commission.” The requirement to
maintain the control room related documentation for more than 3 years is necessary
to ensure that vital equipment needed to protect public health and safety from
exposure to radiation are properly protected throughout the lifespan of the facility.

8.

Consultations Outside the NRC
Opportunity for public comment on the information collection requirements for this
clearance package has been published in the Federal Register.

9.

Payment or Gift to Respondents
Not applicable.

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10. Confidentiality of Information
Confidential and proprietary information is protected in accordance with NRC
regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b). However, no information
normally considered confidential or proprietary is requested.
Certain information designated as Safeguards Information is prohibited from public
disclosure in accordance with the provisions of the Atomic Energy Act of 1954, as
amended, Chapter 12, Section 147, or designated as classified National Security
Information, in accordance with Executive Order 12958.
11. Justification for Sensitive Questions
This proposed rule does not request sensitive information.
The information required by Part 73 to be reported, collected and maintained
consists of sensitive information which could be used by unauthorized personnel to
gain unauthorized access to a site which could constitute an unreasonable risk to
the public health and safety. The NRC needs this information to assess the
adequacy of the licensee's planned system in meeting regulatory requirements,
determine with reasonable assurance that the physical protection system operates
in accordance with the regulatory requirements, and to respond to, investigate, and
correct situations which adversely affect public health and safety or the common
defense and security.
12. Estimated Burden and Burden Hour Cost
Detailed burden estimates are included in the supplemental burden Excel
spreadsheet titled, “Part 73 Burden Tables for the Regulatory Improvements for
Production and Utilization Facilities Transitioning to Decommissioning Proposed
Rule.”
The estimated number of annual respondents is one.
The overall estimated annual burden reduction is 30 hours at an estimated annual
cost reduction of $8,640 (30 hrs x $288/hr). This includes a burden reduction of 75
hours for reporting and a burden increase of 45 hours for recordkeeping.
Title
Annual Reporting
Annual Recordkeeping
TOTAL

Total Burden Summary
Responses
Hours
3
-75
1
45
4
-30

Cost
-$21,600
$12,960
-$8,640

*Each recordkeeper is counted as a single response. All one-time recordkeepers are included in the
annual recordkeeping total.
Note: The respondents affected by the proposed rule’s 10 CFR part 73 information collections are not
new respondents; they are affected by other information collections identified in the existing
10 CFR part 73 clearance.

The $288 hourly rate used in the burden estimates is based on the Nuclear
Regulatory Commission’s fee for hourly rates as noted in 10 CFR 170.20, “Average

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cost per professional staff-hour.” For more information on the basis of this rate, see
the Revision Of Fee Schedules; Fee Recovery For Fiscal Year 2021 (86 FR 32146;
June 16, 2021).
13. Estimate of Other Additional Costs
The quantity of records to be maintained is roughly proportional to the
recordkeeping burden and therefore can be used to calculate approximate records
storage costs. Based on the number of pages maintained for a typical clearance,
the records storage cost has been determined to be equal to .0004 times the
recordkeeping burden cost. Therefore, the storage cost for this clearance is
estimated to be $5.18 (45 recordkeeping hours x $288/hour x .0004). The current
records storage cost is $50,419. The new records storage cost including the
proposed rule requirements would be $50,424.18.
14. Estimated Annualized Cost to the Federal Government
The annualized cost reduction for the NRC is estimated to be $10,368 (36 hours x
$288/hour).
Annualized NRC Cost Reduction

NRC
Action
Reviewing
physical
security
related
exemption
requests

Rule Text
Provision

No.
Actions/Year

73.5

3

Reduced
Total
Total Cost
Burden
Reduced Reduction
Hours/Action Hours

12

36

$10,368

This cost reduction is the result of the NRC not having to process and review
exemption requests associated with changes to physical security plans after
licensees enter decommissioning. The current cost to the Federal government is
$1,255,500. The new Federal government cost including the proposed rule
requirements would be $1,245,132.
The staff has developed estimates of annualized costs to the Federal Government
related to the conduct of this collection of information. These estimates are based
on staff experience and subject matter expertise and include the burden needed to
review, analyze, and process the collected information and any relevant operational
expenses.
15. Reasons for Changes in Burden or Cost
The estimated change to the recordkeeping burden is an increase of 45 hours due
to the following:
The proposed rule would increase recordkeeping burden for decommissioning
power reactor licensees because they would be required to maintain a cyber

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security plan for an additional 10 – 16 months.
The proposed rule would increase recordkeeping burden for decommissioning
power reactor licensees because they would be required to document that all vital
equipment has been removed from the control room and the control room does not
serve as the vital area boundary for other vital areas before the control room can be
no longer subject to the physical protection requirements for vital areas.
The estimated change to the reporting burden is a decrease of 75 hours due to the
proposed rule reducing the number of licensees submitting exemption requests
related to the physical security requirements.
16. Publication for Statistical Use
The information being collected is not expected to be published for statistical use.
17. Reason for Not Displaying the Expiration Date
The recordkeeping and reporting requirements for this information collection are
associated with regulations and are not submitted on instruments such as forms or
surveys. For this reason, there are no data instruments on which to display an OMB
expiration date. Further, amending the regulatory text of the CFR to display
information that, in an annual publication, could become obsolete would be unduly
burdensome and too difficult to keep current.
18. Exceptions to the Certification Statement
None.
B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
Not applicable.

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DESCRIPTION OF INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THE
REGULATORY IMPROVEMENTS FOR PRODUCTION AND UTILIZATION FACILITIES
TRANSITIONING TO DECOMMISSIONING PROPOSED RULE
10 CFR PART 73
The Part 73 information collection requirements that would be impacted by the proposed rule
are discussed below by rulemaking topic.
Physical security
Section 73.5 provides that the Commission may grant exemptions from the requirements of the
regulations in Part 73 under specified conditions, upon the application of any interested person
or on its own initiative. Applications under this section are examined by the NRC staff to
determine whether the requested exemption is authorized by law and whether it will not
endanger life or property or the common defense and security, and to determine if it is otherwise
in the public interest. The proposed rule would establish a framework for the physical security
requirements applicable to decommissioning power reactors. As a result, fewer
decommissioning licensees would submit requests for security suspension exemptions, core
damage exemptions, and communications with control room exemptions. This would result in a
reduction to the exemption request related reporting burden for licensees transitioning to
decommissioning. (Change in Respondents)
Section 73.51 describes the physical security requirements for spent nuclear fuel and high-level
radioactive waste. Through the addition of new language in 10 CFR 73.51(a), power reactor
licensees with a general license independent spent fuel storage installation (ISFSI) that have
removed all the spent fuel from the independent spent fuel pool and placed it in a dry cask
storage system (DCSS) would be able to satisfy physical security requirements by complying
with the provisions in 10 CFR 73.51. The requirements in Section 73.51 reflect a level of
physical protection significantly less than that required at operating power reactors and
decommissioning facilities with fuel in the spent fuel pool, relative to the physical security
requirements in Section 73.55. The proposed revision would result in additional licensees (i.e.,
decommissioning power reactor licensees with a general license ISFSI that have removed all
the spent fuel from the independent spent fuel pool and placed it in a DCSS) opting to comply
with recordkeeping requirements in Section 73.51 and fewer licensees complying with the
recordkeeping requirements in Section 73.55. However, because no decommissioning power
reactor licensees with a general license ISFSI are expected to have removed all the spent fuel
from the independent spent fuel pool and placed it in a DCSS during the time period covered by
this clearance, there is no change in recordkeeping burden. (Change in Respondents)
Section 73.55(b) requires that the licensees shall establish and maintain a physical protection
program. The requirements include creating and maintaining a performance evaluation
program, documenting the access authorization program in the security plan, establishing,
maintaining, and implementing a cyber security program, documenting an insider mitigation
program in the security plan, developing corrective action measures, and coordinating the plan
and procedure implementation to preclude conflict. With the revision of Section 73.55(b)(3), the
physical protection program is no longer required to address significant core damage after the
licensee transitions to decommissioning. Although the information collection requirement for
licensees transitioning to decommissioning would be revised, the proposed revision would not
impose any additional recordkeeping or reporting burden beyond what is currently required of
licensees. (Amended/Change in Respondents)
Section 73.55(e)(9)(v) would require that the licensee document that all vital equipment has
been removed from the control room and the control room does not serve as the vital area

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boundary for other vital areas before physical protection requirements can be removed for the
control room. Specifically, proposed Section 73.55(e)(9)(v)(A) would be revised to specify that
the reactor control room is no longer considered a vital area after the licensee has submitted
and the NRC has docketed the certifications required under Section 50.82(a)(1) or Section
52.110(a), and the licensee has documented that all vital equipment has been removed from the
control room and control room does not serve as the vital area boundary for other vital areas.
There is a recordkeeping burden associated with this documentation. (New)
Cyber security
Section 73.54 currently requires each operating licensee to submit a cyber security plan (CSP)
for Commission review and approval. With the addition of Section 73.54(i), the requirements in
Section 73.54, including the implementation of the cyber security program, would be applicable
until the NRC has docketed the certifications required under Section 50.82(a)(1) or
Section 52.110(a) and the spent fuel decay period has elapsed, rather than no longer being
applicable after cessation of operations. This change would result in a recordkeeping burden
increase, as licensees would be required to maintain a CSP for an additional 10 – 16 months.
(Change in Respondents)
Fitness for duty
Section 73.55(b)(9) requires licensees to document an insider mitigation program as part of the
security plans. Proposed Section 73.55(b)(9)(ii)(B) would clarify which elements from the
fitness-for-duty program described in Part 26 are required to be included in the insider mitigation
program for licensees in decommissioning after the NRC has docketed the certifications
required under Section 50.82(a)(1) or Section 52.110(a). Resulting changes to the documented
insider mitigation program would not impact the recordkeeping or reporting burden compared to
what is currently required of licensees. (Amended)