Comment on FR Doc # 2026-12702, NRC-2025-1370-0011, from Anonymous
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Summary: The commenter supports the proposed rule regarding reprocessing facilities but expresses concern that the current language could be interpreted to grant the NRC authority to license utilization facilities under 10 CFR Part 70. They propose specific amendments to 10 CFR 70.2 and 10 CFR 70.1(g) to clarify that Part 70 is not intended for the licensing of utilization facilities.
To support the requirements for reprocessing factifies, the proposed rule revises the “Authority” section of 10 CFR Part 70 by adding references to Sections 102 & 103 of the Atomic Energy Act (AEA). Sections 102 & 103 of the AEA also discuss utilization facilities; therefore, the proposed rule can be interpreted to give NRC the authority to potentially license utilization facilities (i.e., power reactors) under 10 CFR Part 70. The regulatory framework of 10 CFR Part 70 is not intended to provide reasonable assurance of adequate protection of public health and safety for the licensing of utilization facilities.
A possible solution (logical outgrowth of the proposed rule) would be to:
(1)Add a definition of utilization facility in 10 CFR 70.2 (that aligns with the definition recently provided by NRC in 10 CFR 53.020):
Utilization facility means any commercial nuclear reactor other than one designed or used primarily for the formation of plutonium or uranium-233.
and
(2)Add a new provision in 10 CFR 70.1(g):
The regulations in this part are not meant to establish requirements, procedures, and criteria that may be used for the issuance of licenses for utilization facilities.