ML19250A291

NRC Rules & Regulations,10CFR31-73,Suppl 14

ML19250A291
Person / Time
Issue date:	08/28/1979
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
NUDOCS 7910230013
Download: ML19250A291 (80)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS TITLE 10. CHAPTER 1. CODE OF FEDERAL REGULATIONS-ENERGY DATE ISSUED-SUPPLEMENT NUMBER 14 Auaust 28. 1979 (July 27. 1979--August 17. 1979)

FILING INSTRUCTIONS PAGES TO BE REMOVED NEW PAGES TO BE INSERTED PART PAGE NUMBER DATE PART PAGE NUMBER DATE 4

2 2-3 11/10/78 2

2-3 8/17/79 2-4 11/10/78 2-Ca 8/17/79 2-4 11/10/78 2-5 9/1/78 2-5 8/17/79 2-6 9/1/78 2-6 9/1/78 2-49 5/4/79 2-49 8/17/79 2-50 6/15/79 2-50 8/17/79 9

9-19 5/4/79 9

9-19 8/17/79 50 50-23 9/1/78 50 50-23 8/17/79 50-24 9/1/78 50-24 9/1/78 50-71 9/1/78 50-71 9/1/78 50-72 9/1/78 50-72 8/17/79 50-73 12/1/78 50-73 8/17/79 e

50-74 9/1/78 50-74 9/1/78 51 51-3 3/23/79 51 51-3 8/17/79

(

51-4 9/l/78 51-4 8/17/79 51-5 11/10/78 51-5 8/17/79 51-6 11/10/78 51-6 8/17/79 70 70-13 9/1/78 70 70-13 9/1/78 70-14 9/1/78 70-14 8/17/79 70-15 9/1/78 70-15 8/17/79 70-16 9/1/78 70-16 9/1/78 71 71-21 3/2/79 71 71-21 3/2/79 71-22 3/2/79 71-22 8/17/79 71-23 8/17/79 71-24 8/17/79 muae., neg lllff,"L",'i $' fhk"5'c"'4?s"'s'"l'"'."a"v,210u,

.'8 301 Superintendent of Documents, Governme t Pr niing Office, Washington, D.C. 20402 791023 00fy

PAGES TO BE R E MOV E D NEW PAGES TO BE IN5ERTED PART PAGE NUMBER DATE PART PAGE NUMBER DATE 71 71 71-25 8/17/79 71-26 8/17/79 71-27 8/17/79 71-28 8/17/79 71-29 8/17/79 71-30 8/17/79 71-31 8/17/79 -

71-32 8/17/79 71-33 8/17/79 71-34 8/17/79 71-35 8/17/79 71-36 8/17/79 71-37 8/17/79 71-38 8/17/79 71-39 8/17/79 71-40 8/17/79 71-41 8/17/79 71-42 8/17/79 71-43 8/17/79 71-44 8/17/79 71-45 8/17/79 71-46 8/17/79 W

73 73-7 9/1/78 73 73-7 9/1/78 73-8 3/2/79 73-8 8/17/79 Conmission Notices Conmission Notices Petitions PRM-45 7/27/79 Petitions PRM-45 8/17/79 for Rule for Rule-PRM-46 8/17/79 Making Making DRM-47 8/17/79 PRM-48 8/17/79 Regulatory RG-9 2/9/79 Regulatory RG-9 8/17/79 Guides RG-10 2/9/79 Guides RG-10 2/9/79 RG-ll 5/4/79 RG-ll 5/4/79 RG-12 2/9/79 RG-12 8/17/79 Statements of Consideration Statements of Considerations 2

2-SC-39 2/9/79 2

2-SC-39 8/17/79 3

302 0

PAGES TO BE REMOVED NEW PAGES TO BE INSERTED PART PAGE NUMBER DATE PART PAGE NUMBER DATE 50 50-SC-53 12/1/78 50 50-SC-53 8/17/79 50-SC-54 8/17/79 51 51-SC-13 11/10/78 51 51-SC-13 8/17/79 51-SC-14 11/10/78 51-SC-14 8/17/79 51-SC-15 12/1/'8 51-SC-15 8/17/79 51-SC-16 5/4/79 51-SC-16 8/17/79 51-SC-17 6/15/79 51-SC-17 8/17/79 51-SC-18 8/17/79 51-SC-19 8/17/79 Sl-SC-20 8/17/79 51-SC-21 8/17/79 Sl-SC-22 8/17/79 51-5C-23 8/17/79 51-SC-24 8/17/79 Sl-SC-25 8/17/79 51-SC-26 8/17/79 70 70-SC-17 7/27/79 70 70-SC-17 7/27/79 70-SC-18 7/27/79 70-SC-18 8/17/79 73 73-SC-17 7/27/79 73 73-SC-17 8/17/79 k

PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS I trmersy bctween the staff of the Com.

documentary materiai regardless of form determination of acceptab;hty $ vill mission ed the applicant for a heense or characieristiet made by, in the gener.dly be made within a penod of R concer e the twaance of the hcense or sisty (bol days.

l powession of, or under the control of the U any of the eerms or conditions thereof or NRC puisuant to Federal law or in con-4 3 > If the Director of Nuclear Reactor E (2) a po cedmg m which a petition for l nection with the transaction of pubhc Regulation or Direc tor of Nuclear Ma-l g eas e to onen ene m opposition to an ap-p businew as es idense of NR( organiza-terial Safety and SafeguardA as appro-plicanon on a heense has been granted e tion. tuu.nont pohcies, decidons. pro-priate. determines that a t(ndered ap-or is penJ mp bef ore the Comnussion.

• eedures. opt r anow propiams or other plication for a construction permit or

=

$ actis ities WRC records and docu-opera ting license for a prodm ' ion or (o) " Pe r m n " means (I) any in-

' mnC do n..t melude ob ects or ar ticles utilization facility, and'or any en~ iron-dn idu.d. s orpor.cion. partnership, firm'

~i such as strm 'uret turniture, tangible es-l mental report required pursuant to " art associati.m. trust. estate, pubhc or pri-habits or m Js is..,r s chicles and equip- % M d " ##' "' * *

" P"Y vate inu it ution. group, gm ernment

in paragraphs (aH5) or ta 1) of this section, agency oiacr than the Commiwinn or the Q'[

d r will be as-Adnun w e anon. escept that the Ad. e (i ) ho as reoefined m this sec-

, signed to the application or p'iit therrof.

g ministi.aion shall be considered a per g tion, words and ph rases.w hich are ' and the applicant will be notified of the y son unh iespect to those facihties of the e defined in the Act and in this chapter determination. With remect to the ten-e Adnunistranon specified in section 202'

• have the s.une meamng when used in this dered application and or environmnntal A

of the I m rgs Reorgantiation Act of 8 report or part thereof that is acceptable t part.

O 1971 ( M 3: a t 1244 U any State or any for docketing, the applicant will be re-Iwhin al whdn ision of. or any Iclitical Subpart A-Procedure for luuance, quested to ID submit to the Direewr of entny a ei m.i St.ne. any foreign gm ern.

Amendment, 'g ransycr, or nenewal Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safe-ment vu o oion os any pohncal subdisi-of a I.icense guards. as appropriate. such additional suen of any sut h gos ernment or nation, 4 copies as the regulations in Parts 50 and or other - noty. and (2) any legal sue-e 4 2.100 Scope of subpart.

51 require; cessor

r. pi esentatn e. agent, or agency O

, of the forecom-

'S This subpart prescribes the procedures (ii) Serve a copy on the chu,f execu-m for issuance of a h.eense; unendment of a tive of the municipality in whic h the facility is to be located or. If the facili (p)

NR(. pe rsonnel means (l) hcense at the request of the beensee; and ty is not to be located within a munici-NRC employees. (2) for the purpose of transfer and renewal of a heense.

pality, en the chief executive of the M 2.72n md 2.7 m only, persons acting C county, and serve a notice of availabil-in the t i paat y of consuhants to the S 2.101 l'i h.ng of applicat.mn.

ity of the applicatton or environm en -

Conumssn >n. repedless of the form of fa)(1) An application for a license or tal report on the chief executises of o the coni iciual arran under an amendment to a license shall be filed the municipahties or counties which i per mns act a'ecments 8 which sut s consultants to with the Dire-tor of Nuclear Reactor have been identified in the application t

E the ('omnussmn..md (3) members ot ad.

Regulation or Director of Nuclear Ma-or environmental report as the loca-terial Safety and Safeguards, as pre-tion of all or part of the alternative m,vimry boards. wmmittees. and panels of scribed by the applicable provisions of sites, containing the following infor-N the NRC members ut boards designated this chapter. A prospective applicant matiors Docket numt.er of the applica-

~

by the (i.mmisuon to preside at ad.

may confer informally with the staff tion, a brief description of the pro-judicatory proceedmgs; aad othccrs or prior to the filing of an application.

posed site and facility; the location of emplosces of Gm ernment acencies, in.

(2) Each application for a license for a the site and facility as primarily pro-cludin'g miluary peimnnel higned to facility, or for receipt of waste radio,g posed and alternatively listed; the

_ duty at the NR(..

4 active material from other persons for a name, address, and telephone number

$ the purpose of commercial disposal by yof the applicant's representatise who the waste disnosal licensee, will be as a may be contacted for furthe r informa-(q) N R C re w rds and documents" em signed a docket number, However, to O tton: notification that a draf t emiron-p means any book paper, map. photo-allow a determination as to whether an mental impact statement will be issued graph. brochure. punch card, magnetic ' application for a construction permit or by the Commission and will be made tape. paper tape. sound recording.

operating license for a production or as ailable upon request to t he Commis pamphict. shile. motion pict ure. or other utilization facility is complete and ec-sion; and notification that if a request ceptable for docketing, it will be initially is rcceived from the appropriate chief

.n.

u,ons

,4.a tu ihno secubca in set treated as a tendered appikation after executive, the applicant will transmit

"?

u +

i n,' o.o it is received and a copy of the tendered a copy of the application and emiron Iwa weal lau nneder application will be available for public mental report, and any c h anges to sie

.n i

n.u i,

.mo. pswea

.n p m ot ihe

p.. s e '

inspection in the Comenission's Pubhc such documents which af fect the al-n n.,i nin,ii

..i a n c ieunt unbr3 w uni.or Document Room,1717 H Street. N.W.

ternative site location, to the execu-

• In

-r s i d<

m he r nianm i h r the rur-Washington, D.C. Generally, that de-tis e who makes the request. In com-b.

i h

n.

S termination will be made within a period plying with the requirements of this of thirty (30) days.

paragraph (a H 3 F ii) the applicant

.?,

i w, A,n

, ara n.,n o us ic a r re auort,

e r, e b. s

,,, um u o n J.. n u a ry 1 % PM. w h e n 2 should not make pubhc distribution of ere o. a n p m.a.uc pow er generan..n raubno p [2] * *

• Ifowever, in selected those parts of the apphcation subject

.o ao.k.

n u.a.n nucin. or w hen opt ratea in construction permit applications. the to g 2.790c d >. The applicant shall on om e. i i n,u r im,ihe purp..w ni denunuranng % Commission may decide to determine submit to the Director of Nuclear Re-

""""'^'m'" ' ""c rual a rrhun"n "I m h a ? acceptability on the basis of the actor Regulation an a f fidas it that

"[ ",uhoo ou pn,uar,iy nor ihe re e,pi,na y technical adequacy of the application as sers ice I the notice of availability of i.

well as its corr.pleteness.In such cases,

+ra e c.a h,g h L u l raa.aune w aues resulong 6 eport a.s i cor lete1 al ith

,7$7e s,,,,m. gane, ya :; will direct that the notice of hNring be the Commission, pursuant to i 2.1ct(a),

a list of names and addresses of those

.o% r t,atno a uih.,nie d for the'e spreu purp.ne executives upon whom t he notice was us umn log ierm uor.sg e of hig h lesel Issued a$ Soon as p' clicable after the served.

uh um s mc p-nc raicJ M ihe %f nuniuranon.

application has beca tendered, and the I

w h u h au n' uw a i'r. or are pa ri of. re se arc h,pu (iii) make direct distri-de'el"rme en aun.no button of additional copies to Federal,

• Amended 4 2 F R 21882.

nextp e s 2-3

PART 2 s RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

] State, and local officials in accordance I with the requirements of this chapter and written instructions furnished to thc applicant by the Director of Nuclear De-

% ctor Regulation er Director of NucLar a

Material Safety and Safeguards, as ap-I propriate. Such written instructions will

~ be furnished as soon as practicable after ga all or any part of the application, or en-

~ sironmental report. is tendered. The cop-

les submitted to the Director of Nuclear j Reactor Regulation or Director of Nu-

. clear Material Safety and Safeguards, as

! appropriate, and distributed by the ap-

. plicant shall be complete]3 assembled h

1 3

303 e-2-3a August 17,1979

PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

' documents, identified by docket number.

guards. as appropriate, will inform the * (a)(1) of this chapter.

(3) Part three shall include the re-Subsequently d;stributed amendments to applicant of this determination and the maining information required by ll 50.34 appilaations, however may include re-respects in which the document is defi-vised pages to previous submittals and, cient. Such a determination of complete-(a) and (in the case of a nuclear power in such ca=es. the recipients will be re-ness will generally be made within a pe-reactor) 50.34a of this chapter.

sponsible for inserting the revised pages.

riod of thirty <30i days. Except for the (4) The information required for part (4) The tendered application for a part including infcrmation reouired bV two or part three shall be submitted construction permit or operating license 15C 13a. whichever part is filed first shall during the period the partial decision for a production or utilization facility also include the fee required by !! 50.30 on part one is effective. Submittal of the will be formally docketed upon receipt by ten and 170.21 of this chapter and the information required for part three may the Director of Nuclear Reactor Regula-information required by 1150.33. Sr.34 precede by no mom than six months or tion or Director of Nuclear Afaterial

.a'(11 and 50.37 of this chapter The fonow by no more than six n.onths the Safety and Safeguards.as appropriate,of; Director of Nuclear Reactor Regulation submittai of the information required the required additional copies. Distribu-gor Director of Nuclear Material Safety for part t ro, tion of the additional cooles shall be-and Safegua is, as appropriate. will ac-(5) Part fourf which is only required when the application is for a construc-deemd to be complete as of the time the f cept for docleting an application for a tion permit for a nuclear power reactor, copies are deposited in the mail or with construction perrnit for a utiliianon rauhty shall include R information required a carrier prepaid for delivery to the des

• which is subject to t S t.5(a) of thn chapter, by I 50.33a of this chapter and shall be ignated addressees. The date of docket-and is of the i> pe specified in 6 i Sn 2 hb, filed in accordance with the time periods ing shall be the date when the reouired s 2) or W or 50.22 of this shapter or is a copies are received by the Directo" of Nu-tesung faciht>

• w here one part of the appli-specified in 150.33a.

clear Reactor Regulation or Director of cation as ab) After the application has been Nuclear Material Safaty and Safeguards described above is complete and con; docketed, each applicant for a license as appropriate. Wnain ten E10s days fums to the requiremmts of Pad 50 r receipt of waste radioactise materi-after docketing the applicant shall sub-this chatter. Additional parts wiH be al from other persons for the purpose Init to the Director of Nuclear Reactor e

UP " "

of commercial disposal by the wa.ste Regulation or Director of Nuclear Mate.

disposal licensee shall sette a copy of rial Safety and S2feguards. as appropri-or irector f ucle r fater fet the application and ent ironment al ate, an afMdavit th^.t distribution of the 8

3 U

report, as appropriate. on the chief ex-additional copies to Federal. State, and local ofUcials has been completed in ac thev are complete.

ecutive of the municipality in which the activity is to be conducted or, if cordance with requiremenP this chap. - (a-D Early ensideratie of site suit-the activity is not to be conduct ed ter and written instructiona furnished to ability issues. An applicant for a con-within a municipality on the chief ex-the aoplicant by the Director of Nuclear struction permit tw a utilia tion facihty ecutive of the count y, and sette a Reactor Regulation or Director of Nu-which is subject to i 51.5(a) of this notice of atailability of the application clear Material Safety and Safecuards. as chapter and is of me type speci&d in or ensironmental report on the chief appropriate. Amendments to the appli-U executives of the municipahties or S cation and environmental report shall be chapter w is a tesung facWty, may re-counties which have been identified in 5 filed and distributed and an affidavit w est at e sbn condud an the application or enuronmental

~ shall be furnished to the Director of Nu-report as the location of all or part of

$ clear Reactor Regulation or Director of y a ects on in ace rdance i the alternatite sites, containing the

Nuclear Material Safety and Safeguards, Subpart P on issues of site suitability f 11 wing information

Docket number as anpropriate. In the same manner as within the purview of the applicable pro-f the application; a brief description for the initial application and environ-visions of Parts 50, 51 and 100 of this of the proposed site and facihty; Ihe mental report. If it is determined that all chapter. In such cases, the applicant for ? I cation of the site and facihty as pri-or any part of the tendered apohcation the construction permit may submit the proposed and alt ernatis ely and 'or environmental repcrt is incom-information required of applicants by 0 marily the name. address, and tele-plete and therefore not acceptable for the provisions of this chapter in three ' listed; e phone number of the applicant's rep-processing. the apnlicant will be in-or (in the case of nuclear power reac-a resentati,te u ho may be contacted for a

formed of this determination, and the re-tors) four ra.13:

further information; notification that spects in which the document is deficient.

(1) Part ou shau include or be accom-a draft environmental impact state-(5) An applicant for a construction permit panied by any information required by ment will be issued by the Commission for a utih7ation facihty w hich is subject to ;

II 50.34(a)(1) and 50.30if) of this chap.

and will be made available upon ra-

~

51.5(al of this thaptm, and is of the t> pe spe_ g ter which relates to the issue (s) of site quest to the Commi.a n; and notifica-ofied in s 4 50.211bH 2) er (h or 50.22 of g suitability for which an early review, tion that if a request is received from hearing and partial decision are sought, this thapter or is a testing f acibt>

• may wb-except that information with respect to the appropriate chief exectatise, the g

mit the information required of appli 'a applicant will transmit a copy of the cants by Part 50 of this chapter in three

• operation of the facility at the projected initial power level need not be supplied, application and environmental report, parts One part shall be accompanied by and shall include the information te.

and any changes to such documents the information required by I 50.30t f e of quired by 1150.33(a) Ue) and 50.37 of which affect the alternalite site loca-this chapter, another part shall include this chapter. The information submitted O n, to W muW Go mahs We any information required by II 50.34'a' shall also include (1) proposed findings request. In complying wit h the re-and 50.34a of this chapter and a third on the issues of site suitability on which part shall include any information re-the applicant has reques*,ed review and a quirements of this paragraph (b) the quired by 150.33a. One part may precede statement of the bases or the reasons for applicant should not make public dis-or follow other parts by no lonper than those findings, (11) a range of postulated tribution of those parts of the applica.

six 8 6> months except that the part in-facility design and operation parameters tion subject to i 2.790(d). The appli-cluding information required oy I 50.33a that is sumcient to enable the Commis-cant stall submit to the Director of shall be submitted in accordance with sion to perform the requested review of time periods specified in i 50.33a. If it is site suitability issues under the app!!-

Nuclec Material Safety and Safe-determined that any one of the parts as cable provisions of P.L ts 50,51 and 100, guards an affidavit that service of the described abave is inecm"lete and not and (iii) information concerning the ap-acceptable for processing, the Director of plicant's site selection process and long-Nuclear Reactor Regulation or Director range plans for ultimate development of e n n ap cau "

of Nuclear Material Safety and Safe-the site required by 8 2.603(b)(1).

[p',*g,cona p

n (2) Part two shall include or be ac-time since tt must precede both parts two companied by the remaining information and three by a period of from 9 months to

• Amended 42 t R 22882.

required by Il 50.30(f), 50.33 and 50.34 3 years.

7 t1 November 10,1978 2-4 1

',)

J U {d

'l (next page is 2 4 a)

PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS quest a hearing on the antitrust aspects of' b In addition,in the case of an oo t he D,resior of Nuticar Reau.,r Regulanon or Di,co..r ni Nuticar micoal sateiy and the application. The notice will state that. ' application for a construction permit for bis gu.at n apisr..po ic..n reser ihe docketed petitions for leave to intervene and re-a facihty of the type described in 150.22 7m s quests for hearing shall be filed within' of this chapter, or a testing facility, the

.IN:,.'i s

h i

30 days after publication of the notice.

notice (other than a notice pursuant to o

ass ou ne io be appi..pr.ne the AcRs will render paragraph (d) of this section) shall be io ou <..,n m.sw.n..nc.. ni..rc s cport s as r equ,r ed y

b, L., -,..s r upas sic,1 by i he (..mm m..,n.

1 2.103 Action on applications for. - issued as soon as practicable after the "b,,$.,.IIYi),rI((c7[i s

,',','a" byproduct, source, special nuclear E application has been docketed; material, and operator licenses.

Pr mded. That if the Commission, s,wu a,..,.,pp mpo. u.., e m.,k e cat h r epo,,,,r

$ the w pursuant to i 2.101(a)(2), decides to r

u k s., pao.., the r eu,d..t the dotkeied p.

';; rht ',+

.na o.i,w,nn...p e s t., the appn.p i.nc (a) If the Director of Nuclear Reac. ; determine the acceptability of the

s

,w na i. i. ma..

tor Regulation or Director of Nuclear i application on the basis of its technical Material Safety and Safeguards, as ap.

adequacy as well as completeness, the

[ n.[ N, i. I.j((,N,'j,'.,]na'[u,,"n,ls,#"[n'j notice shall be issued as soon as propriate, finds that an application for a n s, + m i,,,.. m,.pn.,u, n, m,

nn a

. e

.a. a. w a. ppu n..n i,,,.,,,,ns r uo,.n 3 byproduct, source, special nuclear practicable after the application has been tendered.

...,..po, ing nm n,c i.,, a unn,.,n.'," "a'N mate ria ! or operator license complies na o i.n,n,,

i.ic, s. a,.,n n n me ihe ui an er o with th( requirements of the Act and this (1) T he time, place, and nature of tlfi ui

,, in., n m a,,,e i..r.,n..pa nng nun,,. m n.,

w..n..i pr..a ua,,,n e.,a,n unaa sca,,.n u chapter, he will issue a license. If the hearing and/or prehearing conference, d no-4, u m. ins i,,, s..n o n,,,nien enni,,, M iicense is for a facility or for receipt of i

n n, i > %,, n,r.,u i., i w c,,m n n %,,.n i. '

e Mioactive mlterial from other any;

s.,

(2) The authority under which the

. il, \\, ak,),n,,((,$,,2,n$,',nC[.$,I,U,,'

persons for the purpose of commercial hearing is to be held; j

disposal by the wastC disposal licensee

, n osa,m.o..i n.,s,s i..i such acier nuna.

n.,

,,,,nue, m,o w,, ai..nins..'nw the Director of Nuclear Reactor Regula-(3! The rnatters of fact and law to bc i.,,,

considered; and j

.w

.,.4

.,e ns, i.. i he s o "' "

tion or Director of Nuclear Material The time with,n which answers,ta (4) i d

' ' " '" "' ' hc b' Safety and Safeguards, as appropriate the notice shall be filed.

(2i Ihe iequirements of sub-will inform the State and local officials th) In the case of an application for q parw ph t I >..I this paragraph td) do specified in # 2.104(e)* of the issuance of e-

~

O construction permit for a facility q the license.

not m ly to an appheanon for an operat.

g! which the Act requires a hearing, th<

mg h nw for a production or utilua.

tion la ihn umler seuinn 103 of the Act (b) If the Director of Nuclear Reac-E notice of hearing will, except as prog tor Regulation or Director of Nuclear fided,m paragraph (d) of this sectiori m for d ', ' he wnsu ou n,n permit w as and unless the Commission determine,<

k aim is al undci seco..n 10L unlew the Material Safety and Safeguards, as ap.

Connn n n &termines. af ter consuh+

Propriate/mds that a, application does otherwise, state, in implementation 'o' E tom

\\n,rnes General, that such not comply with the requirements of the Paragraph (a)(3) of this section:

(1) That, if the proceeding is a con

$ re' als sane on the ground that - Act and this chapter he may issue a tested proceeding, the presiding office:j b'censees

$ notice of proposed denial or a notice of j

e W

ac.

i!! consider the following issues:2 w

tdina a opout,miies bas e oe. " denial of the application and inform the

< quent to ibe pres ious ics iew E applicant in writing of:

F (i) Whether in accordance with the-cu r red by the \\u.o ney General and the Com. R (1) The nature of any deficiencie,or { provisions of s 50.35a of this chapter; I mnsion macr se, non 10sc of the.\\ct in the reason for the proposed denial or the Q (a) The applic mt has described the!

"~ connection u nh the construction pernut.

denial, and e proposed design of the facility, includj (2) The right of the applicant to de, I ing, but not liraited to, the principal mand a hearing within twenty (20) days "I architectural and engineerin (3) The Director 6f Nuclear React $ri Regulation or Director of Nuclear from the date of the notice or such longer

"~

Material Safety and Safeguards, as ap-oeriod as may be specified in the notice.

propriate, will cause the Attorney '7 General's advice received pursuant to llEARING ON APPLICATION-subparagraph (1 ) of this paragraph (d) to

!!OW INITI ATED be published in the FE DI R AI REGisna promptly upon receipt, and will make

1. 2.104 Notice of hearing.

such adsice a part of the record in any procetding on antitrust matters con-(a) In the case of an application on R ducted in accordance with subsection which a hearing is required by the Act er N 105c(5) and section 189a of the Act. The this chapter, or in which the Cemmission Director of Nuclear Reactor Regulation S finds that a hearing is required in the

'If the notice of hearing concerning an n for a co n

t for a or Director of Nuclear Material Safety h public interest, the Secretarv will issue a gt m

8 and Safeguards, as appropriate,will also e notice of hearing to be published in the

$ 50.22 of this chapter or a testing facility cat"c to be published in the FE Di R AL [ Fr tM R At. RE cisti R as required by law 2 does not speelfy the time and place of initial hearing. a subsequent notice will be pub-Rt..istiR a notice that the Attorney " at least fifteen (15) days, and in the case ;;I General has not rendered any such ad-of an application concerning a construc-E p*rovide at I as tNy 0

ys n t ce f s ice. Any notice published in the tion permit for a facility of the type ' the time and place of that hearing. After Fi Di R Al. Ri cisti R pursuant to this sub-described in # 50.21(b) or s 50.22 of this O this notice is given the presiding offleer may resonedule the e mmencement f the initial paragraph will also include a notice of chapter or a testing facility, at least thirty hearing for a later date er reconvene a re-hearing, if appropriat., or will state that (30) days, prior to the date set for hear-cessed hearing without again providing af fected by the proceeding may, pursuant

~ thirty (30) days notice.

any pe rson w hose interest may be ing in the notice.i

issues m to m) are the mucs punuant io the

~~

to and in accordance with s 2.714, file a Ai"a"c f acrn -k t ": 19s4. n amenaea inue m

" 'h # '""" P"""'"' '" the Nanon al [ n won nie n -

petition for leave to intervene and re-

. %nended U F R 15127 ul P,i% Act of 1969 1

i U UI E U3 h3 %jTI 25 August 17,1979

PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS for the design, and has identified the ma-subdivision (iv') specified in sub.

that such activities will be conducted in jor features or components incorporated paragraph (1) of this paragraph (b) pro-compliance with the regulations in this therem for the protection of the health posed to be made and the issuance of the chapter; and safety of the public; construction permit proposed by the (4) Whether the applicant is tech-(b) Such further technical or design Director of Nuclear Reactor Regulation nically and financially qualified to information as may be required to com.

or Director of Nuclear Material Safety engage in the activities to be authorized plete the safety analysis, and which can and Safeguards,as appropriate and (ii)if by the operating license in accordance reasonably be left for later consideration the application is for a construction per-with the regulations in this chap;cr; will be supplied in the final safety mit for a nuclear power reactor, a testing (5) Whether the applicable provi-analysis report; tacility, a fuel reprocessing plant, or ~ sions of Part 140 of this chapter have M been satisified; (d Safety features or coraponents, if other facility w hose construction or any, which require tesearch and operation has been determined by the s (6) Whether issuance of the license development, have been described by Commission to have a significant impact u will be inimical to the common defense the applicant and the applicant has iden.

on the environment, whether the review n and security or to the health and safety of titied, and there will be conducted, a g conducted by the Commission pursuant the pubhe: and research and development program p to the National Environmental Policy (7) If the application is for an reasonably designed to resolve any safety cr Act (NEPA) has been adequate.

operating heense for a nuclear power questions associated with such features [

(3) T hat, regardless of whether the reactor, a testmg facihty, or a fue!

or components; and m proceeding is contested or uncontested, reprocessing plant. or other facility (d) On the basis of the foregoing, the presiding of ficer will, in accordance whose operation has been determined by O there is reasonable assurance that (/)

with Part 51 *

• of this chapter.

the Commission to have a significant im.

$ such safety questions will be satisfac-(i) Determine whether the require-pact on the environment. whether,in ac.

g tority resolved at or before the latest ments of section 102 t 2 H A), K) and ti.)*

cordanc: with the requirements of Part date stated in the application for com.

of the National Environmental Pohey 51** of this chapter, the operat mg pletion of the proposed facility; and (2)

Act and Part 51 *

• of this chapter have license should be issued as proposed i taking nio consideration the site criteria been complied with in the proceeding; contained in Part IOO of this chapter, the (ii) Independently consider the final f(d) In the case of an application for a proposed f acihty can be constructed and balance among conflictmg factors con.

const r uction permit or an operating operated at the proposed location ithout tamed in the record of the proceeding license for a tacility on which a hearing undue rnk to the health and safety of the with a view to determining the appropri.

is required by the Act or this chapter, or pubhc; ate action to be taken; and m s,hich the Commission finds that a (n) Whether the applicant is tech-(iii) Determine whether the con.

ht armg is required in the pubhc interest, nically quahfied to design ard construct struction permit should be issued, for the consideration of the antitrust the proposed (acihty; denied. or appropriately conditioned to, aspects of the application, the notice of (ui) Whether the applicant is finan.

protect environmental values.

g hearmg w dl, unless the Com m ission cially quahtied to design and construct 2 9 determines otherwise, state, m im ple-the proposed f acihty; (e) In the case of an application for g mentatn.a of paragraph (a)(1) and (3) of (iv ) Whether the issuance of a permit an operating license in which a hearing g this section:

for the construction of the f acihty will be will be held, the notice of hearmg will (1) A time of the hearmg, which will inimical to the common defense and escept as provided in paragraph (d) of be as soon as practicable atter the receipt security or to the health and safety of the this section and unless the C mmission of the Attorney General's adsice and pubhe; O determines otherwise, state, m imple-compliance with sections 105 and 189a C

S mentation of par agraph (a)(3) of this see.

of the Act and other prosisions of this b) If the apphcation is for a con-i tion, tis the presiding otheer will con.

part s st r uction permit for a nuclear power o sider any macers m contrmersy among (2) I hat the presidmg otticer will reactor, a testing f acility, a fuel' the parties and i, ay, urder estoordinary consider the issue of whether or not the reprocewing plar' or other f acility circumstances, w 1ere he determines that actis aties under the proposed hcense w hose construction or operation has a scrious safets. cos ironmental. or com-d been determmed by the Commission to mon defense aid security matter has not have a significant impact on the environ-been raised b.s ti.e Pacties, consider such I

i m ',""o, '", a s i_ "n' " ',

w no. i

.t s so mi ment, whether, m accordance with the other matters withir. the purview of:

,, au,- a ro,yo s as u,i i,o n,,a requirements of Part 51** of this ;

ia e. m s,..a e m g chapter, the construction permit should

(!) Whether there is reasonable b is n' t. a N m "- s o. i n o u. cn si En be issued as p oposed.

awurance that construction of the

""'"'P"'

' i" ' ' " '

"""O

>"M-3 (2) That, if the proceeding is not a facility will be substantially completed

"[ [ M, ' l l ' ' ']"" [ '(( [" ' "l

,.,, contested proceeding, the presiding on a timely hasn,in conformity with the

,, o., n,mu,

, m,,, y g, s,, n o, otticer will determme (i) without con-construction permit and the application rrin : A '

N uua uaii, u. "+

' P' " ' " ' '

'""'M"'

ductmg a de now evaluation of the up,,, as amended, the provisions of the Act, pheation, whether the application and 3 and the regulations in this chapter;

,," ',[ ' S " [ { ',,,, [,[ '"",l, "

the record of the proceeding contain g (2) Whether the facility will operate for the faahO tc, oht.iin J deternunati.m of an sutticient mtormation, and the review of u.

in conformity with the application as titrust tonuderanon or to advante a }uosJic the appheation by the Commission's staff S amended, the prmisions of the Act, and

' b"d' bd '"' '"' h d e t er """d t 'on w it h t w e n t ) -

has been adequate to support affirmatise the regulations in this chapter; tmdmgs on subdivisions (i) 'hrough (iin (3) Whether there is reasonable NM'i[, " [,(,1 ', ' [

,'gi [,[

u specified in subparagraph (1) of this assurance (i) that the activitics to be

.n -pan n: s,,

.ns a m i,, om u,,

paragraph (b) and a negatise finding on authorized by the operating IWnse can

' " ' ' * '- " +

io - a i o m o- >

P'""'

d' be conducted without endangering the

'P',',"-a m a.,'s

' ',, ps o n. 'n

,, A n. o ia o i o, n

'saw na,a W l R 2N N health and saf.ety of the public, and (n..,

inm.n g, a as,, p g.n,, g n a, is a %

{OQ

' Amended 4 31 R 720't oe nius.. ho m. s4mus a s.ni.u m i hs u

.d a n.in d

j U

srssda,Isi

• H 4 oi 'hn s haph r September 1,1978 g g

l FUUn Un h;n\\

26

PART 2 e PROPOSED RULE MAKING record pending before the NRC whicM randa stating the substance of all oral makes a casual or general expresslor.

is not made on the public record and responses to the materials discussed in of opinion about pending proceedings.

with respect to which reasonable prior paragraphs (f X1) and (f X2) of this sec-notice to all participant 4 in the pro.

tion.

ceeding is not given, but it shall not in.

(a) The Secretary will send coptes of clude:

any communication of the kmds hsted (1) Re<}uests for status reports; in paragraphs (f X1). (2) and (3) of this (2) E2 parte cornmunications specifi-section to all participants to the pro-cally permitted by statute or regula.

ceeding with respect to which it was tion (for example. I 2.720 of this part);

made, and will notify the communica.

(3) Commurucations made to or by tot of the prostsions of this rerulation members of the Office of the General prohibiting cz parte communication;.

Counsel regarding matters pending If the communications are from per-bef are a cou.. or another agency; sons other than participanta to the (4: Cominunications between staff proceedmgs or their agents, and the and any Commission adjudicatory em.

Secretary determines that it would be playee in a proceeding involving an ap-too burdensome to send copies of the plication for initial licensing other communications to all participant 4 be-than in a contested proceeding as de-cause: (1) the communications are so fined by i 2.4(n) of this Part; and voluminous, or (2) the communica-(5) Communications between the tions are of such borderline relevance Commission and staff regarding gener-to the issues of the proceedmg or (3)

Ic issues involving public health and the participants to the proceedmg are safety or other statutory responsibtl.

so numerous, the Secretary may in-itles of the Commission not specifical.

stead notify the barticipants that the ly related to any particular proceeding communications have been received, pending before the Commission.

placed in the file, and are available for (c) No Commission adjudicatory em.

examination, and will be sent upon re-ployee will make or knosingly cause quest.

to be made to any inte ested person (h) Upon receipt of a communicati;...

outside the NRC or to any NRC em.

knowingly rnade or knowingly caused stoyee engaged in the performance of to be made in violation of this section.

investigathe or prosecuting functions

& Commission adjudicatory employee in that or in any factually related pro-may, to the extent consistent with the ceeding an er parte communication.

interests of justice and the policy of (d) No interested person outaide the the underlying statutes recommend to NRC and no NRC employee engaged the appropriate Cor" 1on adjudica.

in the performance of investigative or tory tribunal tha* the sun making prosecuting functions in that proceed.

or causing the Wohibitsd coamunica-ing or any factually related proceeding tion be made tc show cause why his shall make or shall knowingly cause to claun or intet?st in the proceding be made to any Commission adjudica-should not be denied, disregardeC d*

tory employee an er parte communica.

missed or 4herwise adversely affec; 4 tion.

because of such violation.

(e) To the extent possible. 11 ex (i) Tae prohibitions of this section parte cornmunications directed to any shall a? ply when a proceedmg is first Commission adjudicatory employee notice <' for a formal hearing on the will be referred to the Office of the rece c, t nless the person responsible Executive Director for Operations for 9 the ommunication has knowledge handling by that office, and such es that it will be noticed, in shich case parte communications will not be the prohibition shall apply at the time transnitted to the Commiss!on adjudi.

he acquires such knowledge, catory employee to whom they were (H A. used in this section:

directed. Such er parte communica.

W The term proceeding shall not tions shall be placed in a file associat.

refer to any proceeding or proceedings ed with but separate from the record governed by Part 110 of this chapter, of the proceeding to which the er and except as the Commission may parte communication pertains. If a otherwise direct, shall not refer to any communication was made er solicited proceeding for the adoption, amend-by a Commission adjudicatory employ.

ment or repeal of any nale or regula-ce, or if it is otherwise appropriate, tion which is conducted pursuant to the Executive Director for Operations Subpart H of this Part, and will serve the ez parte communication (2) The term interested person !s in.

on all parties to the proceeding to tended to be a side, inclusive term which it pertair.s.

covering any individual or other (f) Any Commission adjudicatory person with an interest in the agency employee who, despite paragraph (e) proceeding that is greater than the of this section. receives. makes or general interest the public as a whole knowingly causes to be made a com.

may have. The interest need not be munication prohibited by this section monetary, nor need a person be a will pive in a public file associated par'y to, or intervenor in, the agency with but separate from the public proceeding to come under this section.

record of that proceeding-The term includes, but is not limited (1) All such communications which to, parties, competitors, public offi.

cials, and nonprofit or public interest are written; (2) Memoranda stating the suth organizations and associations with a stance of any sush communications special interest in the matter regulat-i q

p ed. The term does not include a 3

309 which were oral; and (3) All written responses, and memo.

member of the public at large who 2-49 August 17,1979 (reset)

PART 2 e PROPOSED RULE MAKING ccnstrt.ction permit can be issue d on de basis of an initial decision of an Atctnic Safety and Licensing Duard even though thot decision is subject to furthn review within the Commission. The Con.mittee believes that the views of the ;.ublic on the rule would be of help to it in evaluatma tre rule's operation ar.d impact and in assessing poss;ble changes for unproving the Uctning procedures.

DATES: Comments must be recch ed by July 6.1979.

ADORESS: Send comments to: Secretary of the Commission. Nuclear Regulatory Commission. Washington. D C. 20555.

ATTN: Docketing and Service Branch.

Copies of 11 comments receised may be examined in the Commission's Public Document Room at 1717 H Street. N.W.,

Wa shington. D.C. 20555.

FOR FURTHER INFORMATION CONTACT:

Stephen S. Ostrach. Office of the General Ccunsel. Nuc! car Repdatory Commission. Wa shington. D.C. 20555.

(202) 634-3224.

SUPPLEMENTARY INFORMATIOM The Nuclear Regulatory Commissicn's Advisory Committee cc Construction During Adjudication is seekmg the views of the public on the Ccm:nission's

'immedia te effectiveness" rule (10 CFR 2.7M). The views of these who have participated !n !! censing proceedings in which the rule was significant are of particular interest. In addition to general views, the group wishes public ccmment on a number of specific questions about the rule. Comments must be received by July 6.1979, and should be submitted to the Secretary of the Commission.

Ih3 1)

Nuclear Regulatory Commission.

1 Washmeton, D C. 20555. ATTN-n gl 4[,

Docketng r.d Snvice Eranch. Cep:es of l) i all comments recen ed may be examined in the Commiss:en's 1%blic Docarn nt 44 FR 33883 E"

Washmgton, D C. 20555 Furtner Published 6/13/79 information may be obtaintd frcra comment period exP'r*$ 7/6/79 Stephen S. Ostrach. Office of the

[10 CFR Part 2]

General Counsel. Nuclear Raubtsry Commission. Washmston. D C. 20575, Study of Nuclear Power Plant (302) 8 4 4 224.

Construction During Adjudication; The N2 clear Recubtory Commisuon Request for Public Comments has establisned an Adds'ory Committee AGENCY: Nuclear Regulatory on Construction During Adjudication.

Comrnission.

The Committee ;s studying several aspects f the Com.

uon71.censm; A CTION: Request for comments.

procedures including. in particular, the

SUMMARY

The Nuclear Regulatcry C,ommission's "immedia te Commission's Adviscrv Come:ttee on etfectiveness" r de (10 Cf7 2.764). That Cctstruct:en Durmg A'djudication is rule provides that a construction permit swdymg se.cral aspects of the can be issued on the basis of an initial Ccrnmission's licensing procedures. The decision of an Atomic Safety and Adsisory Committee is seeilag the Licensing Board even though that uews of the public :n the Comm:ssion's decision is subject to further review "immediate effec:n eness" etde (10 CFR within the Commission.

2.7ML That rule provides that a The Committee believes that the August 17,1979 (reset) 2-50

PART 9 e PROPOSED RULE MAKING Microfiche, $0.25 per copy.

FOR FURTHER INFORMATION CONTACT:].

Microfiche blowback,50 08 per page.

M. Felton, Director. Division of Rules Coinmperated machines. $0.10 per page.

and Records, Office of Administration.

The minimum charge for mail requests U.S. Nuclear Regulatory Commission, is $2.00 plus shipping and mailing crists.

Washington, D.C 20555, telephone 301--

(iii) For documents requested at 492-7211.

NRC's Local Public Document Rooms.

SUPPELMENT ARY INFORMATION:On July chartes are at the going rate charged 27.1979, the Commission published a other customers in that facihty.

notice to establish a pmpose new (iv) For transcripts of testimony in system of records,identafled as Special NRC proceedmgs that have been Inquiry file, NRC-33. The proposed transenbed by a reporting firm under amendment of $ 9.95 of 10 CFR Part 9 set contract to NRC. charges are the same forth below would exempt from certain as for other records,if NFC makes the requirements of the Privacy Act portions copies. De requester may purchase the of the proposed system of records NRC-transcripts directly from the reporting 33, firm at the cost provided in its contract Specific exemptions from the with NRC.

requirements of the Privacy Act (4) Shipping or mailing costs are pertaining to proposed NRC-33 are added to mail requests.

intended to prevent access to (a)

(5) When the actual cost differs from information classified pursuant to the cost previousiy estimated by NRC, Faecutive Order 12065 and exempted NRC will refund an overpayment, or bill pursuant to 5 U.S.C. 552a(k)(1); (b) the requester for an underpayment.

investigatory material compiled for law (b) Waiver or reduction of fees.

enforcement purposes exempted (To be completed later as stated in the pursuant to 5 U.S.C Shfa{k)(2): and (c) statement of considerations.)

ins estigatory material compiled solely Written comments and suggestions on for the purpose of determining the revised Freedom of Information Act suitability, eligibihty, or quahfications regulations of to CFR Part 9 should be for Federal civilian employment, submitted to the Secretary of the military service, Federal contracts or Commission. U.S. Nuclear Regulatory access to classified information Commission. Washingtor.. DC 20555.

exempted purs,iant to 5 U.S.C Attention: Docketmg and Service 552a(k)(5).

Branch. Copies of comments received by Pursuant to the Atomic Energy Act of the Commission may be examined and 1954, as amended, the Energy reproduced in the NRC's Public Reorganization Act of 1974, as amnded.

Document Room at 1717 ff Street. N.W.,

and sections 552. 552a. and 553 of title 5 Washmgton, DC.

of the United States Code, as amended, notice is hereby given that adoption of the following amendments to Title 10, h 44 FR 479r,o Chapter I, code of Federal Regulations, Pubbshed 8/16/79 Part 9 is contemplated.

Comment period e=pires 9/l7/79 Allinterested persons who desire to submit written comments or saggestions for consideration in connection with the i10 CFR Part 91 proposed amendments should send them to the Secretary of the Commission, U.S.

Privacy Act Regulations; Proposed Nuclear Regulatory Commission.

Exemptions Washington, D C 20555. Attention:

AGENCY: U.S. Nuclear Regulatory Docketing and Service Branch by September 17,1979. Copies of comments Commission received will be aveilable for public ACTION Prog sed rule.

inspection and copying at the

SUMMARY

The Commission is proposing Commission's Public Document Room, exemptions es provided under the 171711 Street N.W., Washington, D.C Privacy Act of1974.He proposed

1. Section 9.95 of 10 CFR Part 9 is amendment of the Commission's amended by adding a new paragraph (n) regulation "Public Records" would to read as follows:

exempt from certain requirements of the Is.es specific exemptions.

Privacy Act portions of a proposed new system of records SpecialInpiry File..,

Pursuant to 5 U.S.C 552a(k), portions of the following NRC systems of records DATE: Comments must be received by are exempt from 5 U.S C. 552a(c)(3); (d);

September 17,1979.

(e}(1); (e)(4)(G), (fi), and (1) and (f) and ADDRessts: Secretary of the are subject to the prosisions of i 9.01 of

{1Il Commission. U.S. Nuclear Regulatory this part;

/

Commission. Washington, D.C. 20555.

s Attention: Docketing and Service (n) Special Inquiry File Branch.

9-19 August 17,1979

PART 50 e DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES InsercTrox, nrcomes, RrronTs 8 30.70 Inspections.

(a)Each licensee and each holder of a in construction permit shall pertnit inspec-

$ tion, by duly authorized representatives

.e of the Commission, of his record.s.

• prernises, activities, and of licensed ma-N terials in possession or use, relabd to the license or construction permit as may be necessary to effectuate the purposes cf the act, including section 105 of the r et.

[ (bjll) Each licensee and each holder of a construction permit shall upon request by the Director. Office of Tyrusrtas or Lrcrxsrs-Cntoxicas' Rrcurs-Smrwora or LxcrNsts Inspection and Enforcement, provide

.(, 50.71 Maintenance of records, making gg,2020 Tranefer of licemes.

rent free office space for the exclusive use of the Commission inspection of reports.

to iai No license for a prodmtion or Each licensee and each holder of huttil:ation facility, or any right there-personnel. licat, air car'.soning. light.

(a) electrical outlets and junitorial services a construction permit shall maintain te under, shall be transferred, assigned, or shall be furnished by each licei.see and such records and make such reports, in 'in any m*mner disposed of, either volun-connection with the licensed activity, as R tarily or involuntarily, directly or ind!-

each holder of a construction permit.

may be required by the conditions of the rectly, through transfer of control of The office shall be convenient to and

!! cense r permit or by the rules, regula-the license to any person, unless the have full access to the facili'y and shall g tt ns, and orders of the Commission in Comm'.ssion shall give its consent in provide the inspector both visual and

,s eficetuating the purposes of the Act, in-

writing, acoustic privacy.

• cluding section 105 of the Act.

= (b) An application for transfer of a (2) For a site with a single power 5 tb) with respect to any production or license shall include as much of sne in-reactor or fuel facility licensed pursuant nutilization facility of a type described in descri to Part 50, the space provided shall be "150.21(b) or 150.22. or a testing facinty, fog g g, h d n ity a d chn a each !!censce and each hcIdcr of a can-adequate to accommodate a full-time and financial qualificathns of the pro-ts inspector, a part time secretary and fu cofbann posed transferee as would be required by an alre rt.1 those sections if the application were for transient NRC personnel and will be clading the certined financial state-an in a Hanse, and. U h Ucense M generally commensurate with other ments, fue a copy thereof with the 5 offica facilities at the site. A space of Director of Nuclear Reactor Regulation, U.S.

ao equ r d b 5

a. "i

250 square feet either within the site s Nuclear Regulatory Commission Washington, The Cummission may require additional in-g office complex or in sn office trailer or 1}.C. 20555.t formation such as data respecting proposed safeguards other on ette space is suggested as a (c) Records which are required by the against hazards from radioactive mate-3 guide. For sites containing multiple regulations in this part. by license con

• rials and the applicant's qualifications power reactor units or fuel facilities'o

' diti n, or by technical specification, shall to protect ar,ainst such hazards. The additionaI space may be requested t I be maintained for the period specified by application shall include also a state-accommodate additional full-time the appropriate regulation, license con-ment of the purposes for which the inspector (s).The office space that is dition, or technical specification. If a transfer of thc 11cene is requested, the nature of the transaction necessitating provided shall be subject to the retention period is not otherwise spect.

or making desirable the transfer of the approval of the Director Office of fled, such records shall be maintained Inspection and Enforcement. All gtil the Commission authorizes their ye]andjn greem g

Da, ur ant i 50 3.

furniture, supplies and communication pos ion.

- The Commission may require any per-(d)(1) Records which must be main-f son who submits an application for equipment will be furnished by the tained pursuant to this part may be the e license pursuant to the provisions of Commission.

riginal r a repr duced copy or micro-" this section to file a written consent (3) The licensee or construction Fermit k f rm if such reproduced copy or micro-from the existing licensee or a certified holder shall afford any NRC resident S form is duly authenticated by authorized copy of an oider or judgment of a court inspector assigned to that site, or other ce personnel and the microform is capable of cornpetent jurisdiction attesting to the NRC inspectors identified by the

' of producing a clear and legible copy person's right (subject to the licensing Regional Director as likely to inspect the 5 after storage for the period specified by requirements of the Act and these regu-Commission regulations.

lations) to possession of the facility in-facility, immediate unfettered access.

volved.

(2) If there is a conflict between the equivalent to access provided regular (c) After appropriate notice to in-Commission's regulations in this part, j

terested persons, including the ex13 ting p ant employees, following proper license condition. or technical specifica-licensee, and observance of such pro-identification ard compliance with tion, or other written Commission ap.

cedures as1nay be required by the Act applicable access control meaures for proval or authorization pertaining to or regulations or orders of the Commis-security, radiological protection and the retention period for the same type personal safety.

of record, the retention period specified sion, the Commission will approve an in the regulations in this part for such application for the transfer of a license, records shall apply unless the Commis-if the Commission determines:

sion, pursuant to i 50.12, has granted a (1) That the proposed transferee is specific exemption from the record re.

qualified to be the holder of the licensel and tention requirements specified in the (2) That transfer of the license is regulations in this part.

otherwise consistent with applicable provisions of law, regulations and orders issued by the Commission pursuant

thereto, tAmended 41 FR 164d5.

$ Amended JH I It 39 5 5 8

312 50-23 August 17,1979

PART 50 e DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

$ 50.81 Creditor regulation curity or to the health and safety of the g,M o2 run,n, inion order for opera-(a) Pursuar.t to section 184 of the Act, pubhe, and after notice to int,erested tion af ter rewalion.

., persons. the Commission may issue an the Corumission coruents, without in-g order authori/mg such dismantling and Whenever the Commission finds that dividual application, to the creation of any mortgage. Pledge, or other lien upon { disposal, and providmg for the termma-the public convenience and necessity, tion of the het nse upon completion of or the Administration finds that the pro-any prnducticn or utlhzation fac119y e not owned by the United States n such procedures in accordance with any duction program of the Administration which is the subject of a license or upon bonditions specified in the order.

requires continued operation of a pro-duction or utilization facility, the license any leasehold or other interest in such 4Mt um N r or t a Nsr on coNsin t cT roN f acility : Protzded em a nMMr or HotDER Zlor which has been revoked, the Com-

! 7 t the rights of any creditor

- 50 90 Appto ahon for u.nendr sent of gmission may, af ter consultation with the d

lt r may be exercised only in com-

appropriate fe eral or state regu a ory U"" M "W W, h e n -

pliance with and subject to the satne agency having jurisdiction. Order that requirements and restrictions as would $ e\\er a h dder of a hcense or construction $ possession be taken of such facility and apply to the ticensee pursuant to the pro, m pei rmt ilmites to amend the bcense or that it be operated for a period of time on of the license, the Atomic Energy : t+r mit. appbcation for an amendment as, in the judgment of the Comminion, y

1 4 as amended, and regula-g hall be fHed with the Commission fully the pubhc convenience and necessity or g

y the Commission pursuant describmu the chances desired, and fol-the production proaram of the Admin-u w ne as n app a orm istration may require, or until a license C

(2i That no creditor so secured t.iay

[take possession of the facihty pursuant y em med for orinnal apphcations.

for operation of the f acility shall become n to the provisions of this section prior effective. Just compensation shall be paid

~M bauance of annendnient.

to either the issuance of a license from for the use of the f acility.

the Commission authorizing such posses-In determining whether an amend-sion or the tratufer of the lice-se.

ment to a heense or construction permit t 50103 Suspension and operation in (b e Any credb or so secured rnay apply i a i wtlen-for transfer of the license covermg such will be issued to the applicant the Com-g var nr natronal emergern y facility by filinJ an application for mission will be guided by the considera. never Congress declares that a state of war transfer of the license pursuant to tions which govern the issuance of initial [or national emergency exists, the Com-m ssi n. If it fmds it necessary to the 150 80ibi.

'I he Commission will act licenses or construction permits to the g upon such application pursuant to ! 50 80 f extent applicable and appropriate. If t.se common defense and security, may.

ili Suspend my bcense it has issued n

(c) Nothing contained in this regula. --applicati n involves the material aftera-tion shall be deemed to C tion of a heensed faciliry, a construction f affect the means of acquiring, or the m permit wdl be issued prior to the issuance 2 c

<2 Cause the recapture of special nu-priority of, any tax lien or other tien "of the amendment to the license. If the Iclear material.

-provided by law.

amendment involves a significant haz-a

~ 4d) As used in this sec t.on:

ards consideration, the Commission will S L-(1) "Ikense" includes any license or give notice of its proposed action pur-construmn fmrmit w hich may be is-suant to 12.105 of this chapter before

~ i3i Order the oper ation of any 11 sued by the Commistion with regard to acting thereon. The notice will be issued censed f acdity.

as soon as practicable after the applica. $ i 4 ' On der entr y into any plant or 2

Iehto " inch !

I mf ac)ht' m or der to recapture. pecial nu-tion has been docketed.

plied limitation, the ti t i e anY

? clear material or to operate the f acthty mostnace, pledge or lit n on a facility ibi Just compensation shall be paid made to secure any creditor, any trustre R E \\ i >C 4 ' ion. st'Sr F N Slo N.

mod!f ic LT!oN.

09 cr receiver (f the fac1hty appo:nted by a 4MINLMt.NTOF !!t E NSl% AND ( ONsTR t:r.

3g court of competent jutiuhttinn in any TION TFRMITS. f MrRGINCY ore R 4T!oNs BY w actten brou :ht for the beneht of any ritt t oMMissION R creditor secuted by such mot t ;. aee t 50100 mod-B ACKF IT TING pledee or llen, any purchasi r of such' R e r cr a t io n 'a n ds u s pma m n 'u e tio n ggg of g, g,3 consfr Q 30.109 Ilai k 6 Hin g.

facihty at the sale thereof upon fore-pervnts for cause A bronse or construc-closute of such mortgage, pledce. or hen

1. "I

" *"I "U#

tion permit may be revoked. Suspended ance with the procedures spec'ified in this or upon exercise of any power of sale m moMe in w hole or m part. fr r any contained therein, or any assence of chapter, require the backfitting of a material f alse statement in the apphea-facility if it finds that such action will any such purchaser tion for heense or m the supplemental or provide substantial, additional protection pp tion. eir en mi.mn,w of other statement of f act sequned 4 the which is required for the public health apphcant. or because of conditions re-and safety or the common defense and

\\ealed by the application for license or securh As used in h sech,..bacb

- dal Any licensee may apply w the statement of f att or any repc rt. record fitting" of a production or utilization fa-Commission for authoilty to surrender m>pection, or other means. u hich wouhl g cility means the addition, elimination or o

a license vuh.ntarily and to dismantle

• warrant the Commission to refuse to

1. *O C""0" U *

"##8*

the facility and dispose of it,s component $ grant a brense on an criemal appbca-c components of W faW ah h con-parts. The Commission may require in*

w tion other than tho'e t ela' mg to c> formation. including information as to g i t 50 51. 50 42 v a 8. and 50 43 s b > >, or for ] struction permit has been issued.

n (b) Nothing in this secuan shall be

@ proposed procedures for the disposal of f ailuie to con'tt uct 01 operate a f acihty deerned to reheve a holder of a construe-m radioactive material. decontamination in accordance uith the teims of the con-taon perrnit or a license from compliance g of the site, and other preceduies. to pro-struction per mit or hcense. provided that vide reas.onable as,surance that the dia-with the rules, regulations, or orders of g

failure to make timely completion of the m mantling of the f acility and disposal of the Commission-pmpwd condruchon or ahemhon of a the component parts will be perfoimed f acihty under a construction permit shall (ci The Commission may at any time In accordance with the regulations in be poverned by the provisions of i 50 55 require a holder of a construction permit this chapter anc! aill not be inimical to or a license to submit such information the common defease ard security or to

'bi: or for violation of, or f ailure to the health and sa'ety ef the pubMc obser ve, any of the ter ms and provisions concerning the addition or proposed ad-of the act. t egulations. liense per mit, dition, the elimination or proposed elimi-or order of the Comm1 won nation, or the modification or proposed (bi If tne appl! cation demonstrates mod 2fication of structures, systems or f that the dismant!!ng of the facility and 1 50 101 Retaking possessivn of spe-components of a facility as it deems disposal of the component parts will be cial nuclear niaferral Upon revocation k performed in accordance with the regu-of a heense. the Commission may imme-g lations in this chapter and will not be diately cause the retaking of powcwion of all inimical to the common defense and se*

call nuclear matenal held by the licensee.

g

?

7

)1!.)

I O

September 1,1978 50-24

PART 50 e PROPOSED RULE M AKING the Commission, U.S. Nuclear Regula.

ally have been decontaminated to C. Other? (Specify) tory Commission, Washington, D.C.

below limits essentially the same as

2. Should detailed decommissioning 20555, Attention: Docketing and Ser-those specified in Regulatory Guide plrns be required prior to the issuance vice Branch. Copies of comments re-1.85. The same holds true for other lo-of licenses?

ceived by the Commission may be ex-cations where byproduct, source, and

3. Should funding or other surety ar-amined in th ' Commission's Public special nuclear material have been rangements be required before the is-Document Room at 1717 H Street, used.

suance of licenses for all cases? If not.

NW., Washington, D.C.

In 1975, the NRC initiated studies at which cases?

FOR FURTHER INFORMATION Battelle-PNL to provide an informa-

4. What are acceptable criter6 for CONTACT:

tion base for developing decommis-residual levels of radioactivity on ma-sioning criteria and guidelines for terials which can be released for un-light water reactor, and their fuel restricted use?

Sta'n ards e lopm U S-ucle cycle facilities. These studies will also 5.

Proposals have been made to

$05 include waste burial grounds. The maintain reactors, which have been nat I

e 0 studies will evaluate the technology, closed, in protective storage for 3573).

costs, and the environmental impact lengthy periods of time to allow for ra-SUPPLEMENTARY INFORM ATION:

(both occupational and public) related dioactive decay prior to dismantle-Present '.autrements and practices re-to decommissioning. These studies ment. From the standpoint of deter-lat;ng to the decommissioning of nu-have led to a final report on decom.

mining the impact to future genera-clear facilities are addressed in guides missioning a fuel reprocessing plant in tions, what is an acceptable length of and regulations of the U.S. Nuclear October 1977. A final report on deccm-time, if any, after a facility operation Regulatory Commission.

Section missioning a pressurized water reactor ceases before the facility should be de-50.33(f) of Title 10, Code of Federal la scheduled for May 1978. Other re-commissioned?

Regulat!nns requires the Nuclear Reg-ports are scheduled over the next two

6. Should decommissioning criteria ulatory Commission (NRC) to deter-years to complete these studies.

extend to buildings, structures, and mine, prior to the issuance of a license, In a petition dated July 5,1977, as components which have not been con-that an applicant for an operating 11-supplemented October 7, 1977, the taminated with radioactive materials?

cense is financially quallfled to perma-Public Interest Research Group, and The Commission has concluded that nently shut down his facility and others, requested the Commission to action to include specific decommis-maintain it in a safe condition. Section initiate rulemaking to promulgate rag.

sioning criteria and guidelines in its 50.82 of Part 50 specifies requirements ulations for nuclear power plant de-regulations for production and utiliza.

tion facility licensees and byproduct, concerning termination of facility 11-commissioning. The regulations re-censes. NRC Regulatory Guide 1.86 quested by the petitioners would re.

source, and special nuc! car material 11 describes methods and procedures ac-quire plant operators to post bonds to censees would constitute A ma or Fed-a ceptable to the NRC staff for the ter-be held in escrow, prior to each plant's eral action significantly affecting the mination of operating licenses for re-operations, to ensure that funds will quality of the human environment s Pors. The guide specifies limits be available for proper and adequate and as such will require the prepara-such must be met before buildings, isolation of radioactive material upon tion of an environmental impact state-structures, and equipment, etc., can be each plant's decommissioning. The pe.

ment pursuant to Section 102(2HC) of released on an unrestricted basis. The titioners state that the regulations the National Environmental Policy guide also discusses alternatives for re-should also require that nuclear power Act (NEPA). Accordingly, an impact actor retirement, i.e., (1) mothballing, plants already in operation establish statement (s) will be prepared should (2) in-place entombment, (3) removal plans and immediately post bonds, to the Commission determine it is in the of radioactive components and dis-be held in escrow, to ensure proper de-public interest to proceed to amend its mantling, and (4) conversion to a new commissioning. The petitioners argue regulations as described above.

nuclear system or a fossil fuel system.

that this arrangement will ensure that Appendix F of Part 50 was amended the cost of decommissioning is paid for in 1971 to requitt an applicant for cer-by current beneficiaries and not by tain licenses to provide information to future generations.

enab!e the Commission to deter *nine The Commission is considering de-whether the applicant is ilnancially velornent of a more explicit overall qualifW to provide for the removal policy for decommissioning nuclear fa-and disposal of radioactive waste. Ap.

cilities and amending its regulations in pendix P at:,o states that a design co-10 CFR Parts 30, 40, 50 and 70 to in-jective of a fuel reprocessing plant clude more specific guidance on de-shall be to f acilitate decontamination commissioning criteria for production and that the Commission will develro and utilization facility licensees and criteria for the extent of decontamina-byproduct, source, and special nuclear tion to be required upon decommis-material licensees. It is anticipated sioning in consultation with compe-that the issue raised in the PIRO peti-13 FR 17830 tent groups.

tion discussed above will be processed Pubbshed 4/26R8 Regulatory Guides dealing with the separately from the overal! policy de.

Comment period expwes G/26R8 content and format of applications velopment. Advice and recommenda-and environmental reports for urani-tions on the matter of overall polley intitrmt Rn im ik n/ urn um mill licenses presently request in-development are invited from all inter-formation on tailings stabilization and ested persons. Specifically, comments See Part 2 Proposed Rule Makmg.

e.ssociated financial arrangements for are requested on the following ques-assuring that tailings are stabilized, tions.

Also, a generic environmental impact

1. Is it desirable to develop more de-statement (EIS) on uranium milling is finitive decommissioning criteria for

. nder preparation. One primary objec.

production and utilization facility li-u tive of the EIS is to provide an infor.

censees and byproduct, source, and mation base for a rulemaking actior-special nuclear material licensees? If covering the decommissioning ano so, should the criteria be in the form long. term disposition of mill tallings.

of:

Several enriched uranium fuel fabri-A. Potential exposures to individ-

{1 A Jj9 1

cation facilities have, in the past.

uals; ceased operations. These plants gener.

B. Numerical contamination limits; 50-71 September 1,1978

PAR J 50

• PROPOSED RULE MAKING 43 r F119053 berman on behalf of Arkansas Power Pubhshed 5/3/78

& Light Co.. Dallas Power & Light Comment period extended to 7/15/78 Co., Jersey Central Power & Light Co.,

Metropolitan Edison Co., Pacific Gas

[10 CFR Peres 30,40,50 and 70]

& Electric Co., Pennsylvania Electric Texas Electric Service Co.,

Texa"s t)tCOMMisslONING CRiittlA FOR NUCttAR FAcntml Power & Light Co., Texas Utilities Catension of Comment Perted Generating Co.. Virginia Electric &

Power Co.. and Yankee Atomic Elec-AGENCY: U.S. Nuclear Regulatory tric Co., the Commission is hereby ex-Commission.

tending the time for submitting writ-ACTION: Extension of comment ten camments or suggestions concern-period on advance notice of proposed ing the notice to July 15,1978. Any rulema.dng.

written submissions should be ser.. to the Secretary of the Commission, U.S.

SUMMARY

On March 13,1978, the Nuclear Regulatory Commission, U.S. Nuclear Regulatory Commission published an advance notice of pro.

Washington, D.C.

20555, Attention:

posed rulemaking relating the the de.

Docketing and Service Branch.

velopment of decommissioning criteria for nuclear facilities. The Commission has been requested to extend the com-ment period of the advance notice in order to provide more time to submit public comments. This notice extend.i the comment period of the March 13, 1978 notice.

DATFS: Comment period expires July 15,1978.

ADDRESSFS: Interested persons are invited to submit written comments and suggestions to the Secretary of the Commission U.S. Nuclear Regula-tory Commission, Washington, D.C.

20555, Attention: Docketing and Ser-Vice Branch. Copies of comments re-ceived by the Commission may be ex-amined in the Commission's Public Document Room at 1717 H Street NW., Washington D.C.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert M. Bernero, Office of Standards Develop.nent, U.S. Nucle-ar Regulatory Commission Wash-ington D.C. 20555, phone 301-443-3573.

SUPPLEMENTARY INFORMATION:

On March 13, 1978, the Nuclear Regu-latory Commission published in the FEDEnAL REGISTER (43 FR 10370) an ad-vance notice of proposed rulemaking to invite advice and recommendations on several questions concerning de-commissioning nuclear facilities.

In the notice. the Com.. ston ex-plained present requirenc its and practices relating to the decommis-sioning of nucicar facilities. The Com-mission further described ongoing studies at the Battelle Pacific North-west laboratory to provide bases for the reevaluation and development of d(commissioning criteria and guide-lines for light water reactors and their supporting fuel cycle facilities. Com-ments were requested on several spe-K },_g cific issues and questions in order to i

invite advice and recommendations on i

the matter of overall decommissioning policy development. Interested pe r-snns were invited to submit comments on the notice by May 15,1978.

In view of a request for additional comment time from Debevoise & Li-August 17,1979 (reset) 50-72

PART 50

• PROPOSED RULE MAKING 43 FR 22373 Pubbshed 5/25/78 Corn.nent period expires 7/24/78

[10 CFR Port 50) llCFNSING OF PAODUCTION AND UTitlZ ATION f ACillTIES Generic lesve of Financial Qualification AGENCY' Nuclear negulatory Com-mission.

ACTION: Initiation of rulemaking.

SUMMARY

Notice is heret,y given that the Nuclear Regulatory Commis-sion has instructed the staff to initiate a rulemaking proceeding with respect to the requirement for demonstrating financial qualifications to obtain Part 50 licenses for production and utiliza-tion facilities. The staff Intends to consider the factual, legal and policy aspects of the financial qualifications issue, wt well as the adequacy of the present rules i.nd practices involved.

DATE: Comments are due on or before July 24.1978.

ADDRESS: Send comments to the 91-rector, Office of Nuclear Reactor r q.

ulation, U.S. Nutlear Regulatory -

m-mission Washington, D.C. 20555.

FOR FURTIIER INFORMATION CONTAL7:

Mr. Donald Skos holt, 301-492-7492.

SUPPLEMENTARY INFORMATION:

The s'aff wishes to receive comments regarding this issue from interested parties. These comments should ad-dress the aspects identified above and include any sugg(stions for speellic changes to the rules.

Following receipt of all such com-ments and suggestions in response to this notice, the staff will evaluate them and determine whether in the view of the staff, changes to the rules are desirable. If considered desirable, the stsif would then recommend initi-ation of appropriate further rulemak-ing proceedings.

All interested persons who desire to submit written comments or sugges-tions should send their comments to the Director, Of fice of Nuclear Reac-tor Regulation, U.S. Nuclear Regula-tory Commission, Washington, D.C.

20555, on or before July 24,1978.

43 FR 37473 Pubbshed 8/23/78 Coe, ment penod expires 10/10/78 (extended to 11/24/78) 43 FR 22365 Pubbshed 5/25/78 l10 CFR Part 501 Comment period expires 7/24/78

1. .PPINDtX E-FMERGENCY PLAN 5 fop (extend =d to 12/21/78)

PRODUCflON AN3 UfftlZATION F ACitifit5 Safeguards on Nuclear Matenal-implemen-AGENCY:

U.S.

N uc ka r IR gulatory tation of US/lAEA Agreement Comt naston AC' LION: Proposed rule See Part 75 Proposed Rula Making.

g gg Nucicar Itegulatt v Cor.u.use, ion a to A agust U,im hesed 50-73

PART 50 e PROPOSED RULE MAKING assure that emergency plans exist of the NEPA cost / benefit analysis of one would anticipate that there would which provide reasonable assurance alternate sites.

generally be tirne to monitor the that appropriate measures can and There are two elementa of the NItC actupl situat!oa for releases impacting will be taken in the event of an acci-staff review required by the Commis-from these pathway and to take ap-d 1tal release of radioactive material sion's regulations as stated in 10 CFIt propriate action based on existing con-toin a ruclear power plant. The Com-Part 100. "Iteactor Site Criteria." and dittors the Commtalon revtew has missiv. is proposing to amend its regu-10 CFit Part 50. " Licensing of Produc-generally not emphastwd postulated lation on emergency plans for produc-tion and Utilization Facilities." The accident scenarios for evahiation but tion and utilization facilities to ad-first review element is to determine rather has assured that there are ade-dress rmergency planning consider-compliance with the seting criteria of quate arrangements for prompt notice ations that may extend to areis out-10 CFIt Part 100. Rector site criteria to appropriate officials and arrange-side the low population zone (LPZ).

are established in part 100 which, in ments to perform the appropriate DATES Comments should be submit.

conjunction with postulated accident monitoring even though this may in-ted on or before October 10.1978.

calculations performed by the appli-volve areas of consideration extending 1

cant for the proposed fachlty design.

beyond the LPZ.

.,171M FS: Wrttten comments or establish boundaries for r.n exclusion The principal considerations used in sua estions concerning the proposed area and a low population zore (LPZ).

assessing emergency plans during the am. 7dment sho,ld be submitted to In this connection, tP Commission siting and licensing reuew of nuclear the iceretary of the Commission. U.S has, from the earliest da,s of licensing power plants includmg the need for Nuc car Itegulatory Commission.

reactors, required the use of conserva-such planning bev9nd the LPZ are Wash mgt on. D C.

.0555. Attention:

tne assumptions and calculational sur warized below.

Docketmg and Service Branch. Copies methods in assessing consequences of 1.

Ph wsteal charaeferrsf act-The of comments received may be exam' a hypothetical release from the nucle-Commission considers that the follow-Ined at the Commission's Public Docu' ar facility. The review conducted in ing ph>sical characteristics in the vi-ment Itoom. 1717 II Street NW..

conformance with 10 CFR Part 100 re-cinity of the site are relevant to the a 1 ngton D C.

quiremente establishes, for an accept.

evaluation of protective actions which Folt FUltTIIEll IN FOItM ATION able site, that certain numerical expo-may be taken in the esent of an acci-CON l' ACT:

sure guidelines are met and in addition dental release of radioacthe matert.?

that the ni mber and density of people The numbers rnd proximity to the srte Mr Michael T. Jamgochlan. Office within the LPZ are such that appro-bo mdary of resident and transient of Standards Deselopment. U.S. Nu-a prech measures could be clear Itegulatory Commission. Wash; persons and the relative speed with taken on thW behaH in the eu'nt of C

ington. D C. 20555,301-443 5981.

w hich warnmgs ran be communicate <*

SUPPI.EMENTAltY INFOllMAT10N.

De the siting criteria and the A major objtetive of the Commission question of site suitability is tt to to assure that emergency plans exist second review element which is to de-w hich provide reasonable assurance termine compliance with the licensing tering people, and the preance of in-t hat appropriate measures can and requirements in 10 CFil Part 50 and stitutions (such as hospitals. nursing will be taken in the event of an acci-appendix E thereto for emergency dental release of radioactive material plans. This review element focuses on quire special emergency planning ar-f rom a nuc! car power plant.

the question of organizational and rangmenR Meawes W mnynsak Ti.e intent of the Commission is to operational preparedness to cope with

'C

• • Y assu r e that th-decisionmaking proc-emergencies. A principal aspec, of this th eh m"e hnNementa-amme t ess for heensing nuclear power plants review is to determine whether the ap-

• * " U "# "" # " Y will melude an analysis by the appli-plicant has made or will make appro-identified and proposed by an apph.

cant and a resitw by the Commission priate r.trangements with appropriate cant an resiewed by the NitC staf f.

of each nuclear power plant license or Federal. State and local officials to l'articu tr attention is to be given to permit apphcation to plan for taking aasure ' hat, in the event of an actual the forwoing as they affect the ef fec-suitable protectise actions on a timely emergency, necessary evacuation or basis under accident conditions within other protective actions will be taken tiveness of taking protecthe actions w thin the LIV, established pursuant and outside the proposed site. Sultable to protect offsite members of the protecthe actions would melut% meas-public. Although these arrangements to the Commission's sitmg criteria of 10 CFit Part in0. This should not, ures u hich could mitigate radiation include the pretective measures con-exposure to the public from the facili-templated by 10 CFR Part 100, in con, however, preclude t he consideration of ty or from radioactive material re-nection with the LPZ they need not titolizing emergency plans to pr side leased to the environs. Inimediate be limited to application within the additional prote clite berieht to per-emergency protecthe measures could LPZ. nor to measures intended to cope sons beyond a LPZ as a matter of rea-melude evacuation of the public from primarily with the airborne pathway sonaMe and prudent risk managemtnt, t he area of the public taking protec-(cloud passage ) cosered by sectioris to assure protection beyond that af-tne shelter untti the danger had 100.3 and 100.11 of part 100. Such ar.

forded by safety itesign features and pa w d.

rangements are expected to be guided the siting of facilities in vcordance T he principal Mpects of the NRC by emergency action criteria, arrised with 10 CFIt Part 100.

stalf renew for emergency planning at through a coordinated ef fort among 1 Protectaer measuret-Anessentir.1 include 3 the prot ections of persons local. State, and Federal authorities element for reducing Indisidual and wittun the exclusion area, the onsite Such criteria are believed to be a population exposures from accidental emergency response organization, the sound and prudent approach to the relenaes of radicactise rnaterial is ef-protection of the public beyond the management of the small residual risk f ecth e and timely protective meas Melusion area and the connection be-involted in the operation of nuclear ures The establishment of soundly twet n the facihties plan and that of facilities.

based emergency plans which include t he ot' ete emergency re<ponae organi-Indeed, their application to inues.

appropdate prote< tive measures to the

,; twn consisting of local. State and tibn exposure pathways unch %r au :

'mtial operation of a nuclear po Aer Fr.1eral agencies. These resiews are dental spills into drinking water roa ba.-ic Comnuaien re w re-part of the safety resiew of each appil.

sources and accidental deposition of rn its f u e n.mc m oress, cation. These matters may also be con-radioactive material onto agricultural The NRC stafI ha:, f ound t h it ihm sidered 1 identifying any potential crops or areas used for forage for milk may be c ircumst am e.s Ier w ha h the emergen y planning advantages or dis-cows h.Ls long been included as part of asadable statmea f or t:ik;nr protet -

advantages of particular sites as part the review of emergency plans Since the art ie n, out 4 the ta,la s sit e Latember 1,1978 50 74 w

PART 51

• LICENSING AND REGULATORY POLICY AND PROCEDURES-which involves unresolved conflicts con-n.ining and milling. the production of

'"l 51.21 Appbcant's Ensironrncnia' n

cerning alternative uses of available uraniusn hexafluoride, isotopic port-operating IJcen c 5tage.

ennchment, fuel fabrication.

Each applicar.t for a license to operate b C t-benefit analysis. The En-s tronmental Report required by para-reprocessing of irradiated fuel, a production or utilization facility cov-Etarh tai shall include a cost-beneflg transportation of radioactive materials cred by l S t.5(a) shall submit with ;ts apph-nnalysis which considers and balances and management oflow level wastes cation the number of copies, as speafied in the enuronmental effects of the facility 0 and high level wastes related to uranium 151.40, of a separate document,' to be en-and the alternatives available for reduc-2 fuel c)cie activities to the environmental titled "A -

P ing or avoiding adverse environmental

• costs cflicensing t'he nuclear power plicant's Environmental Report-Op-e m ets, aa well as the environmental,

'I era'ing License Stage." which discusses ce nomic, technical and other benef1ta, reactor. Table S 3 shall be included inthe same matters described in i 51.20 of the facility. The cost-benefit analysis the Report and may be supplemented by but valy to the extent that they differ shall, to the fullest extent practicable, a discussion of the environmental from thcme discussed or reflect new in-4*Iantifv the various factors considered.

significance of the data set forth in the formation in addition to that discussed To the extent that such factors cannot Table as weighed in the cost. benefit in the final environmental im;:act state-be quantifled, they shall be discussed in' analysis for the proposed facdity. This ment prepared by the commission in connection with the construction permit.

qua!itative terms. The Evironmental Paragraph applies to any app licant.s The " Applicant's Environmental Ite-Report shouM contain sufDelent data to aid the Commivion in its development environmental report submitted on port-Operating License Stage" may in-of an independent cost-benefit analysis,

., September 4.1979. or thereafter.

corporate by reference any information compliance. The En-(D Number of copies. Each applicant R. contained in the Applicant's Environ-(c) Status of Iteport required by para gg for a permit to construct a production or g mental Report or final environmen vh enmen ta l graph ia) shall include a discussion of e utilization facility covered by I 51.5(a) rv impact statement previously prepared in the status of compliance of the facility E shall submit the number of copies, as

• connection with the construction permit.

e With respect to the ope ation of nuclear stan(ards ant! requirements sincluding, E tal Report required by i St.5(a).with applicable environmental quality

• speci but not limited to, arplicable roning and

""" (g)(1) The Environmental Report re-required by the Commission, shall sub-mit the " Applicant s Environmental Re-la'id-use regulations and thermal and quired by paragraph (a) for light-water other water pollution limitations or re-cooled nuclear power reactors shall con.

port-Operating License Stage' only in quirements promulgated or imposed pur-tain either (D a statement that the connection with the first licensing action t

orize full power opera-suant to the Federal Water Pollution transportation of cold fuel to the reactor t woyld au 0" 0

'g Y-Control Act s which have been imposed and irradiated fuel from the reactor to by Federal. State, regional, and local a fuel reprocessmg plant and the trans.

DRAFr EN RoNM TAL IMrACT po on of se Moa@e wasW h prencies having responsibility for en-the reactor to waste burial grounds 13

$ 51.22 General.

t vironmental protection. The discussion within the scope of this paragraph, and "j of alternatives in the Report shall in-as the contribution of the environmental ne Director of Nuclear Reactor Regulation or

" clude a discualon whether the alte na-effects of such transportation to the en.

Director of Nudear Material Safety and Safe-tives will comply with such applicsble vironmental costs of licensing the nu.

guards or their designee, as appropnate, W11

? enurenmental quality standards and re-clear power reactor, the values set forth Prepare a draft envminmen-in the following Summary Table S-4: or tal impact statement for facility licens -

outrements. The environmental impact (iD if such transportation does not fall ing actions covered by H 51.20 and 51.21 of the facility and alternatives shall be within the scope of this paragraph, a as soon as practicable after receipt of fully discussed with respect to matters full description and detailed analysis of the Applicant's Environmental Report covered by such standards and require-the environmer %) effects of such trans, and publication of the notice of intent rnents irrespective of unether a certt.

portation and, as the centribution og and availability of the report required fication or license from the appropriate such effects to the environm.ntal costs by 5 51.50.

~

authority has been obtained (including, R23 Gnient. <>f N h M n>'.nwn-i eV e de rmi i by u ana but not limited to, any certification ob-l for the environmentalimpact under nor-h

'* I 5 ' '"'# "' -

tained pursuant to section 401 of the ** mal conditions of transport and the 2 sa) The draft emironmental impact Federal Water Pollution Control Act 9. E environmental risk from accidents in u. statement "Iinclude the matters speci-transport.

9 fled in 151.20 (a). (e), and (g> and Such discussion shall be reflected in the O transportation of fuel and wastes to ar.d {,.j 51.21. as appropriate.

(2) This paragraph appIIes to the cost-benefit analyris prescribed in para.

graph (b). While satisfaction of Com.

rrission standards and criteria pertain.

from a nuclear power reactor only if: p ing to radiological'dects will be neces.

(1) The reactor is a light-water-cooled '" st ment w$1lc ntal a.n sis of an sary to meet the licensing requirements nuclear power reactor with a core R o' the Atomic Energy Act, the cost-bene.

thermal power level not exceeding 3,800 a $d j

ther Statt a 1 a

an i y fit analysis prescribed in paragraph (b) megawatts.

shall, for the purposes of NEPA. consider (11) The rcactor fuel is in the form of @ gnterested persons in the review process.

the ra,iological effect& together with sintered uranium dioxide pellets encap-t the other effects, of the facility and sulated in zircaloy rods with a uranium-5 (c)The draft environmentalimpact alternatives.

235 enrich.aent not exceeding 4% bT statement will mclude a preliminary (d) The information submitiMi pur.

weight; cost benefit anal)si. which considers suant to paragraphs (aMc) of this sec-(iii) The average level of irradiation and balances the environmental and tion should not be confbed to data sup.

of the irradiatea fuel from the reactor porting the proposed action but should does not exceed 33,000 megawatt days g other effects of the facihty and the include adverse data as well.

per metric ton and no irradiated fuel; alternatives asailable for reducing or e

assembly is shipped until at least 90 days

• avoiding adverse environmental and y

(t ) The Emironmental Report have elapsed af te-the fuel assembly was [ other effects. as well as the iequ ed bv paragraph (a) for light-diacharged from the reactor:

, environmental economic, technical and

water cooled nuclear power reactors (iv) Waste (other than irradiated

• other benefits of the facihty. The a sh,ill tak e Table S-3. Table of Uranium fuel) shipped from the reactor is in the contribu' ion of the environmental

Fuel C3 cle Enuronmental Data. as the form of packaged. solid wastes; and effects of the uranium fuel cycle

- be for evaluating the contribution of (v) Unitradiated fuelis shipped to the activities specified in i St.20(e) shall be l the enuronmental effects of uranium reactor by truck: ' Irradiated fuel is evaluated on the basis of impact values a n permit or neense um, or course, be shipped from the reactor by truck, rati, set forth in Table S-3. Table of Uranium ties oth remect to a activity ror wtich or barge; and waste other than irradi-Fuel Cycle Enwronmental Data. w hich dSr

$UNon oEr ated fuel is shipped from the reactor shall be set out in the draft te Ac h no Men otata'ned, by truck or rail.

.AmendeJ 41 FR 15832.

(3) This paragraph does not apply $3 t Amended 44 E 't 16360.

any applicant's environmental r

=

g 3 ; gu9usii7.i979 4

_ submitted,rio, to ree,ua,y 5, i 75.

PART 51 e LICENSING AND REGULATORY POLICY AND PROCEDURES-r-p Teth %-3.-Tabte of Lkannsn FA One Lohsvrunerstd Optgr INormaltred to mode LWR avsed het rwasemere [ WASH-1248j or reserence reecer yes lNUREG41161l Wesensa enect per annues bas f mworvaerner coreceresans Total ressemern er re*erence reactor year at moden 1.000 uWe LWR hafusiat Renotmcas Usa Land (acree)

To"4)orerey com"Wrted '.

100 Urmwurtes eree..

79 Densbed woe 22 Easement to e 110 WWe cosHbed power phart Permererey comnwned.

13 Owarthacun moved (nunons of WT) 20 Esaveasvu to 95 WWe coeHrod power pwt Water Imdhuns of gemons)

Dacharged to na.

100 m2 percert of mode 1,000 WWe LWel met cocerg tower Docharged to water boches 11.090 Dedwgod to Fraad 127 Tatei 11.377 e 4 percern of model 1.000 WWe LWSt enth once thrcM;h coomr'g Fosed hm4 thKincu energy &asands of MWMs1 323 < $ percet of model 1.000 WWe LWR output fesvoww cosi(thmaards of WT) 110 Emmeent to me oceauneton of a 45 WWo cookhred power psert haturm ges treulhors of och..

135 (0 e percent of model 1.000 WWe energy output Errtut avs-Cas nac.at (VT)

Genes leics,trq entronment)

• 50 4.400 NO.*

1,190 te eccwtons 14 Essvesent to enusesono from 46 WWe cons.

v CO.. _

29 8 aree piene for a year Pwead..es..,

1.154 Omer gases F.. _

67 Prmcceny Dom UF. prochcinon arviceveurg a

and reprocessno Concareewm menn a;

range of sista -Ch newes met m

has enects on human heset HC 1....

.014 T

La>Ms A

S0".

99 From eartrwner* bel letmcason. and repro.

NO.

~...

25 e coensig sieo. Components met ocmsoeune F k,orce..

12 9 e potental tor edworte... - -

ePect Ca ' '.. _.

54 are present et deuse concereenons and re-C1-e5 cove addmonal esubon te recewng bosee he '..

12 1 of weier to trwest tetos permeetse etene NH..

10 0 erds The consetuents met reone issueon Fe

.4 and the flow of esuton water are hH,-400 c4 6s0,-20 ces Fluonde-70 c's Teengs solucons fthotaands of W).

240 From nuns crey-no agruhtwa er% ens e onwwonment Solds..

91.000 Pnncapeny Irom % agnshcare eniuenas to erwonmort Errtus=vs-RaceoLOGfGA6 (CUIWes)

Gasas tertu+,g ereenwnerit)

RS 222 Presoney spider recorederabori by te CcN mis. ort Re.: e 02 T h-230..

.02 ur-uum..

034 inhum (treusanos 18 1 C-14..

24 su 45 (thameros)..

400 Ru-106...

.14 PrW10peRy kom bel reprocesory gewits 4 129....

13 M 31 -

$3 Tc- 09 Preseney under conaderston try to Con cruseson.

Famon prorkcts and teneveruc.s.

203 L84ude Uraruum and daugnters 21 Pnnceesy horn snehng.-ac0ded esengs nouar and towned a powe-no ee.

euents. Derefore, te e*tect on anwwork mort Re-226..

.0034 From UE. proshceort Th-m

.0cis Th 234

.01 From And feteceeon Nannn 1C percent et 10 CFR 20 tor etsi gracese-ing 26 erviumi bet ressements tor rouse LWR.

Fa== and eme==, arc =wcm s o x to-a sc*ss %ned on wiei c= men n.gn ters.v.)

11.300 e.100 o comes nom io. www reecer.emos and 1.500 o come. *om roector de ta"unason and at Isad bunal facenes 600 Q comes born i

,l C

mes-.ncoded si inergs rowned to youre August 17,1979 SI-4

PART 51

• LICENSING AND REGULATORY POLICY AND PROCEDURES-p TeNe S-3 Taue or Orawm rue / Q. SwcwnectalDateLContmued of nuclear reactors, unless otherwise de-the Co t en the d it ine[b te iNorms.r.o io moa.i twe amus oe r.wrernene in As ires; or everence reactor vem maEG-cusa nection with the first licensing action u,,,,,,,,,cip,,,,,,,,

that authorizes full power operation of Er cem niai cor,s.o.,esor.s tow rooueemene or reieranc. reacto, y or moon i 000 p*e twa the facility.

(f) The draft environmental impact rau and ute io p>

t i e io '

sun.o e r oc si neomu, statement normally will include a pre-e f muenis-trwmm (tm.ons or enesa e rme urwou.. - _

a 063 (s perceni os moom i ovo uwe twe liminary conclusion by the Director of Nuclear

• • C o $i' ",,, *

• Reactor Regulation or Director of Nuclear 5f a-g a gon,,m pe 25 occwai ons.coeure unrsorw.ml -

22 s From reproces no nia.uw managen.no tenal Safety and Safeguards or their designee, as appropnate, on the tusis

'e some cases nere no envy amears a e ciear nom in. terou d oocwaares ew' me mee as eowessed ano inat of the information and analysis described a

n g e e nt r Yaee snowa t reso as e e so.c.c.c wo entry nao a.en mao Ho.ever mere me om er.as it. are noi in paragraphs (a).-(e), as to whether, a

o awessed as sa e re tee. Yae= s-3 aoes noe.nciuo. herm en es *om trw emueais des:4, o e in. Tao = or es"**o

after weighing the costs and benefits of e

e csses ce nason-222 wora e. urar urn vuoi cyc= or estimates r rep xewn, see.ve.es inese.uues ma, t,. me aut>,eci ce i.e.gavi e,o T.cnnenur,-99 re. eased wo.a sw marwgemer.

R available alternatives, the action called the proposed action and considering rw coviowas hc.n no proc o.ngs ca.a support.ng tna tan e are even in to ' Enwonments' Survey ce ibe Urar=um Fums Cvcie." m ASre-1246 Apes 1974. rie ta - <a, sun,., ce ew necrocesieg ano wwe Meneg. ment pordon ce ew t wm Fu.i cyc= NuREG-0116 (Supo 1 to

" for is issuance of the proposed permit or was*12486 FW *Puthc Comments sno Yua Force Responses Aegaong tee Eawanmental survey oe me Aeorocesmag no [ license with or without conditions, or wanie us gement port,ans of tn. twR Fuei cyce NVAEG-0216 (Suor 2 io wash-12 8t ano e re record of ine Anal nsemamne p.na.,=rg to u.enum Fu.s c,cie wnpac s *om speni Fs p.oroces.ng ano nao.oe-we waste uanagement,

g denial cf the permit or license..In. f4 o

ococ au4o-3 The coreconors irom rep acess.no.ni. manage,eni sno ransoortanon of. eves are manima o to ein, or ine t.o e e cycees suren.un. one, and no recycw, The contneut.on wara vansoo, tai.cin..ciuoes vanworvae.on as coq' propriate circum. stances the Director of Nudear u

4 so a reector and at e sose.o vues ano radioacwe.asees *om a reactor an cn are coamoareo e Tao, s-a c I st 209:

geactor geguganon or Diretfor of 3'uclear Ma-e j

e steps c ine om eyew are p.en e cos mns A-E or Taese s-3A ce WASH-1248 terial Safety and Safeguards or their designec, Yne coavevisoas

• e u

'ine convo

+ mare, commmeo is,o from r.orocesvg are noe prorred o 30 vers nece re compiew as appropnate, rnay, an lieu e

seavorer, impac cess c aneiner ew puni nerwices one r aciar ior one year or 57 r.acions sor ao years of such preliminary conclusion, indicate Ia"p ',7

",,".*ana ocd"*"*"''***""*"

in the draft stat.cment that two or more alternatives are under consideration.

(g) The draf t environmental impact 5 [ Delete.14 3 r K I 6',13. I statement uUl also contain a summarv sheet prepared in accord 3nce with An-6 l Deleted 43 i M t o t 3.1

_endix I. 40 CFR Part 1500.

p henvironmental impact statement. With penvironmental protection, including tali ac tem nt ne ri en the exception of radon 222 ar.d applicable zoning and land-use technetium-99 releases. no brther regulations and water pollution

Draft environmental impact st ate-aments will be distributed as follows

discussion of fuel cycle release values limitations or requirements promulgated and other numerical data that appear or imposed pursuant to the Federal

$ ro te en,t eA explicitly in the Table shall be Water Pollution Control Act.The O plicant's Environmental Report, and required.The impact statement shall environmentalimpact of the facility will any comments received on the state-take account of dose commitments and be considered in the cost-benefit ment or report will be provided to the health effects from fuel cycle effluents analysis with respect to matters covered Environmental Protection Agency.

set forth in Table S-3 and shall in by such standards and requirements addition take account of economic, irrespective of whether a certification or

<be one (1) copy of the draf t emiron-m socioeconomic, and possible cumulative % license from the appropriate authority mental impact statement will be pro-im acts and such other fuel c cle 0 has been obtaincd. including any 1ided to the license or permit applicant:

(c) Copies of the draf t statement and impacts e inay reasonably appear

" certification obtsined pursuant t the applicant's environmental report wiu significant. The co t benefit analpis

, section 401 of the Federal Water be provided to:

' Pollution Control Act. While satisfaction t1) Those Federal agencies that have 0 will, to the fullest utent practicable.

of Commission standards and criteria special expertise or jurisdiction by law

? quantify the various factors considered.

• To the extent that such factors cannot Pertaining to radioiogical effects will be with respect to any environmental im.

I be quantified. they will be discussed in necessary to n.eet the licensing

, pacts involved and which are authorized

. qualitative terms.The cost benefit requirements of the Atomic Energy Act.

~ to develop and enforce relevant environ-the cost benefit analysis will, for the 0 mental standards; analysis will mdicate what other purposes of NEPA. consider the

(2) IDeleted 43 i R 7209.]

interests and consideration of Federa't radiological effects of the facility and policy are thought to offset any adverse I

<3) The appropriate State and local alternatives.

~

environmental effects of the proposed agencies authorized to develop and en-action identified pursuant to paragraph I (d) In determining the contents of an force relevant environmental standards (a). Due consideration will be given to environmentat impact statement, the and the appropriate State. egional, and compliance of the facility construction Conunission shall be guided by the Coun-metropolitan clearinghouses. A reason-or operation and alternative cil on Environmental Quality Guidelbies able effort will be made to diatribute draf t construction and operation with

, on Preparation of EnvironmmtalImpact environmental statements prepared for environmental quality standards and

~ Statements. 40 CFR 1500.8.

licensing actions to all Stater, that may requiremer.ts which have been imposed : te) Other considerations. A draft en-be affected; and to appropriate national e vironmental impact statement prepared by Federal. State, regional, and local agencies having responsibility for 6 in connection with the issuance of an op-

,and local environmental organizations trating license will cover only matters which ditier frem, or which reflect new (4) If the draft environmental

• Wa!ues for releases of Rn-r.22 and Tc-99 are not information in addition to, those matters 2 impact statement is for a licensing siven in the Table The amount and sigmficance of discussed in the final environmental im-O action. (i) all parties to the licensing Rn-222 releases from the fuel cycle and Tc-99 pact statement prepand in Connection

• proceeding and the chief executive of releases from waste management or reprocessms with the issuance of the construction actmties shall be considered an the draft permit. The draft statement may in- '., the municipality or ' ounty identified enuronmental unpact staternent and may be the corporate by reference any inform'ation -rin the draft environmental impact subsect of htigation m mdindual hcensma contained in that final environmental statement as the preferred site for the preeedmg'-

. statement. With respect to the operation proposed facility or activity and (ii) 51 5 August 17,1975

PART 51

• LICENSING AND RECULATORY POUCY AND PROCEDURES-Bruursts Tantz S-4.-Environmental impact of transportation of fuel and acaste to and frorn f light-icater-cooled nuclear poirer reactor :

statement is such that distribution of the (Normal conditions of transport]

flnal statement to all commentators 13 heirenaratalimpeer impracticable, the i nvironrnental Protection

n. a 1.cr irrvlini.mi tw1 ewk in tramiL _...

. W.mo Btu /hr.

, Agencyt will be consulted con-n.wi i

,.n.r wd to achior sate rertrh that

.. 73 gly snr truet tw toria rer col' P

y cerning alternative arrangements for dis-i..a.c.i....e to tribution of the statement.

E,Y"

. YuNMNth.

(d) The draf t and final environmental

u. Impact statements and any comments

/

Estimated Rar ge o f <bes to erpoard Curr ulallve dnae to esprne.1 p received pursuant to this part will ac-c_

r ii.,, ~1 peulati..n 2umt.cr et tridiv&imisa .

3 "# " **

A kas 10nde..

@ o,000 0.fAAd t0 0 0G nalbran.

.. j

'~

$ "s i.10 Emironmental reguirt%

actios.sta is tnawiront (3) 1;xcept as provided in paragraphs th) st ia.t

...I cir.o *....

b nall a.

and (c) of this section.t applicants for per-

r. in....m %.i

h..iwi.. I, rsi,,u.

i t t.d injury tn tao r. wet.>r y. art i r-f..tal mits, licenses, and orders, and amend-N# $.'r rYtIrNa*,

ments thereto and renewals thereof, cov-s 6

ered by i St. Sial shall submit to the Di-i Data mu.iertins this tat.leEe rivs.n i me of N&ar Ream hWa&n w G acttre mieriais to an<s trom Nuricar 1 o.n the Con.mtelon's"Fnviroinnerital Iturvey of Trans attem of Itartta.

er Plants. W AFH-t:34. lucemter IW2 s

L' It E 04 yam, Director of Nuclear Material Safety and A t.rH 10. Iloth documents are evallable for inngw.rtior maid copying at the commt amt a app.

iiilon's Public Document R<>om, Safeguards, as appropriate.150 copies of C 171711 Ft. NW.. % ne.hlrigton. I n t '., and rnay 1.e otAatnnt from National Technl. al Inforniattan Nervire. bprinrfickl, u-Va. rif>i. W A > H-113 3 avulal le from N Tis at a rwi t,f 85 45 (uderofwhe,8425) arid N L' HE 045MPlis avalkl.le an environmentai report which discusses o at a i.e.t or tam mn roik he. nmi.

the matters described in 151.20. Petition-ers for iole making covered by I 51.5(ai e-inr41 teer< ums and mdical ni==urce should t,e tinates u s, etan d..es rmm all s.,urces or ra<tiation ettmr than ri tie t e i. rat nati..twn ( our. cia has re.ominen.1c,i ti.at un ram nu nait: rem per year sur 6mtistihnas na a rmult of shall submit to the Director of Standards m

8

c.. ni% rena npomte uid a ound. ara.c inrined to 'no rntitari m per y.w sor iminvl<1uals in the general pugndauon. The dv>se Development fif ty f 50 p copies of an en-t a mn sei iis ao ni,reehn f.ar tt,e summutmn of.llation is alinut IM nd lirem 3.* lain a group.

Vironmental report u.hich discusses the t<. 6 ei.Ini lusils iline to aver;sge ut ll.ne kgreetan f re r year.

e s e,.pui.oi..n yro.m or ip., r pic a ere to r.mve a <i.u ntomt rnn c nausreno.or it a g pl Thus,if each member ref M matters described in 15120.

hole luj y deo inellvidu-s erc to receive n.1. sc ot u.

t'. > n >> m' na m r-m) e ch. t he total m.in-re.n < foe.e in each ew wouH tv i man-rem.

40 m

(b) App 11 cants ior a HcenSe to Con-

{i me,r t,,-ine num.. noah youme<i, u. ibel.<1 cal etreets stemnatos Irern transineitelon arch e Although tfie e ostr%nmut41 rid of re o

itok rein uns srnsil r.1rarittess Of whether at is tetog appha.1 to a inngle re-

" struct and operate a production or utili-

q. i.y.r a rmames.,r w.

[ zation facility (including amendments to

- such applications) covered by I 51.5 a p the agency or person has no comment r the chief executives of municipalities shall submit to the Director of Nuclear

y

1. C or counties identified in the draft envi-j 3th requ sts rexte o of c ar MaWal SMy and Sahuar& as ronmental impact statement as alter-time up to fifteen (15) days.

appropriate, in accordance with 5 '50.30 nathe s.tes who have requested a copy FINAL ENvIkoNMENTAL IMPACT d c ) ( I ) (1V) Of Part 50 of this chapter, of the application.

SrA1EMENTs

{orty.one (41, copies of an environmen-

'"Y

I met t I he o ded t e pe n

statemerts.

scribed in i 51.20. The applicant shall the Commission's list to receive environ-mental imptet statements in accordance (a) After receipt of the comments re.

reta. ' an additional 109 copies of the with ! 51.54(c) and other persans upon quested pursuant to il 51.25 and 5150'c) environmental Iaport for distribution to request to the extent available.

the Director of Nuclear Reacter Regulati>n or Federal, State, and local officials in ac-(e) News releases will be provided to Director of Nuclear Materi 1 Safety and Safe-cordance with written instructions ts-the local newspapers and other appro-Sunds or their designee. as appropriate, will suad by the Director of Nuclear Reactor priate media that state the availability prepare a final environrnental Regulation or Director of Nuclear Ma-fer comment and place for obtaining or impact statement in accordance with the terial Safety and Safeguards, as appro-Instweting a draft statement and the ap-requirements in f 51.23 for draft erviron-priate.

plicant's environmental report.

mental impact statements. The fincl en-C W

(D A notice will be published in the R vironmental statement will include a ic) Apphcants for licenses, amend-3 FATERAL ltFGISTER in accordance with g final cost-benefit analysis and a firal ments to licenses. and renewals thereof.

" I 51.50(c).

c* conclusion as to the action called for.

issued pursuant to Parts 30,40, and/or 70

[

L.) The final environmental impact of this chapter, covered by paragraphs y S 51.2, Itcquests for comments on draft a statement will make a m-aningful refer e (a)(4), (a)(5), f a)(6), (b)(4), (b)(5).

endronmental impact statements.

n n

M ence to the existence of any responsible s and (b)(8) of $ 51.5 shall submit to the opposing view not adequately discussed j L! rector of Nuclear Material Safety and Draft environmental impact state-ments distributed in accordance with in the draft environmental statement, gSa9 guards 15 copies of an environmen-1151.24(c) and 51.24(d) and news re-indicating the response to the issues u tal report which discusses the matters leases provided pursuant to I 51.24(e) raised. All dut.stantive comments re-will be accompanied by or include a re-ceived on the draft (or summaries there y described in 151.20. The appliqant shall retain an additional 85 copies of the en-quest for comments on the proposed ac-of where the response has been excep-vironmer.tal report for dit <ibution to tion and on the draft environmental im-tionally voluminous) will be attached to Federal. State, and local ofmals in ac-pact statement withjn forty-five (45) the final statement, whether or not each cordance with written instructions issued' days from the date of publication of a such comment is individually discussed by the Director of Nuclear Material l FI)ER AL REGISTER notice by the Environ-in the text of the statement.

Safety and Safeguards, mental Protection Arencyt announcing (c) The final environmental impact the availability of the draf t statement. or statement will be distributed in the l~3 51.11 Muu.rustmthe prweduren.

within such longer period as the Com-same manner as specified for draft en. R vironmental impact statements in Except as the context may otherwise mission may specify. If no comments are B 51.24.except thatin the case of Federal, g ce require, prt)cedures and measures similar provided within the time specified,it will be presumed, unless the agency or per-State, and local agencies, other than the E to those described in il 51.22-51.26 will son requests an extension of time, that Environmental Protection Agency, and be followed in proceedings for the is-interested persons, only those who sub. suance of materials licenses and other mitted comments on the dratt environ-l actions covered by i Sl.5(a) but not cov-mental impact statement or environ-mental report or requested final state.

• Amended 40 lR M 5 91 ments will be sent a copy of the final t^ mended 42 i H 34276.

4 r)t-statement. Where the number of com- $ Amended 43 FR 7209 () .) ments on a draft environmental impact August 17,1979 (reset) 516

PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL sources of error, than those specified in paragraph (e)(5) iil Menurement of all quannues not (n ) Gimplete and maintam for a of thn sntion The requested higher prs ioush measurett by the licensee for period of hve years a record summaru-hnuts shall be based on considerations etenient and tissde isotope. and mg the qu mtities of element and fiwile such as il.e type and complexity of pro-tni l n' all material whose content of isotope, as appropriate, for ending in cew, the c amber of unit operations, pro-element an.1 fisule isotope has been pre-s entory of me.riai in process, additions een tinong.put quantities, process recy. siously m, nured by the Inensee but for to material in process during the cle qn iniines and the technohigy avada. which th< s alnhty of sush nies sously material balance miersal and removals ble ami appheable to the control and ac. made ms asur ements has not been from the maternal m process during the coun ng.i ihe material in the process. a"ured bs tamperaatmy, s entaanon of material balance intenal: and t he iin mnsion will approse higher the quamay of t om.nned ci: ment and (v) Co.,lete and maintain for a lunn it ic appheant demonstrates: liwde iso..pe by renicasurenient period of tise years a record summarir-0) 11,ai he has made reasonable i 4) ( nduti hy ucal ins eniot ics ac ing the quantities of element and tissile ettorn a.I s annot meet the imuts of er-t onhng i a rnien un entory mstruchons appropriate, in unopened ror of sit i specified in paragraph I ' no ope, .n cach uneniory whhh shall receipts Oncludmg receipts opened only (e)( s i oi ibis section; and I'l Awign ins entor y dunes and for samphng and subsequently mam-(ni a.n he h.n initiated or will miti. i espon sibih t iet tained under tamperaating), and ulti-are. pi..giam to achieve improsemenh (n) $ ecil) ihe essent to whnh eath P mate products maintained under m hn ialerial control spiem so as to material balanse asca aad procew is to tamper aating, or in the form of sealco met she lunu specified in paragraph be st I dow n. cleaned oui, and or re-sou r ce s. (e p t si of ihn section. main st.o h 4 (5) Estabbsh and maintam a mtem (t) Each l censee subject io the require. (ni) idenney the baus for anepung of control and accountability wch that menn, paragraph (c) of this section presionsk made measuremems and their the lunits of error for any material unac-sh.a linuts o error. counted for (MUI ) asce rt ained as a ia i stabhsh phyucal insentory pro. Ini :)eugnate measuremenn to be result of the material balances made pur-tedures to assure that: niade for ins entory pu r poses and the suant to paragraph (c)(3) of this seuion tai Ihe quanuty of special nuclear procedn.ss for making sus h measure-do not eacced (i) 200 grams of m nertal associated w nh each item on in-ments;. d n plutomum or uranium-233. 300 grams of n 'itory n a measured s alue. { n) i A ntit> he means by w hoch high enriched uramum or uranium-235 inn i ach nem on insentory n hsted m maier i-oi ms entor y will be imed io contamed in high enriched uranium, or and idenutted to assure that :dl nems arei [ that theic n no duphcation awure ih u e.ich item n un entoried and g 9,000 grams of uranium-235 contamed hsted and that no item n listed more g g in 104 enriched uranium.ui) those limits n th.m once; igi I ath heensee sub ect to the re-i specified in the following table, or (ni) t iii ) Cutof t procedures for transfers quoements of paragraph (c) of ihis sec. M E other knuts authorized by the Commis-m{ and processing are established so that all ison shall submit to ihe A tomic g uon pursuant to paragraph (el(6) of this [ quannues are msentoried and none are Encryy ('ommnuon f or appros al by sec t io n. g ms entoried more than once; Ma.ch h 1971, a f ull dewripnon of the ini Cutoti proced ures for record, prograni intended to be used to enable and reports are estabinhed so that all the in ensee to comply .ih that '{ transfers for the insentory and material paragraph and the requirem., set f or t h y, t ~.a ss o balance intersal and no others are in-in paragraph (t) of this setoon. Ihn tw" - cluded in the records; and program shall be followed by the lhense """'d (v) Upon completion of the msento af ter May 6.1974. u., ,, ' s. ry all boolt and insentory records both (hi l Jsh hcensee who determmes total plant and material balance area, that she requiremenh of paragraph tel of pi on.m um m,s m... ur mum m in.. i.num. t, mem ana smac non.pe in a re physical msentory. thn section will require modsht ain,n of .uc reconciled with and adjusted to the s hi s.aice..m m pt.m. in gIh plani or equipmeni costmg enn.una pn.s wme com n7 a2) Estabbsh i.n e n tory procedures or moie may by March 6.1974, apply to riun.nmm. kn sm un anium P l or hyh en for scaled sources and containers or the Atomic I nergy ('om nnwn.n I.,r i,amun a m on.mai wae non.pc - 5 M ontaining special nuclear an estensnm of nme not to esteed u s i o. o.m hut u,. mum cion m anJ nmic material that provide for: addnional months for comph.mce wah

n..n.pc

..n 4a os O) Identification and location of til those requirements Each appihanon toi such nems; estenuon shall melude a desciiphon at Any lkensec subjeci to this paragraph on (ii) Verification of the integrity of the inodificanons to be made, a state. December 6.1973, who requests highe' the tamper-satmg devices for such items: ment or estimated awociated o.sts unh hmus pursuant to paragraph (e)(6) of t iii) Res criticanon of identity and substannating evidente, and a schedule this section at the time he submits his quannty of contained special nuclear of the dates when the modifications will program description under the prosi-inaterial for each item not tamper-safed. be o.mmenced and compicisd sions of paragraph (g) of this section is ~ or whose tamperaaling is found to have hereby authoriecd to operate at the high-been compronased. er hmin until the application for license Ov) Verification of the correctness or amendment has been finally dete' mined by the Commizion; of the inventory records of identity and location for all such items; and (b) An apphcant or a licensee sub)ect (v) [L cumentation in comphance to the requirements of paragraph (e) of with the requirements of paragraphs (t') thn settion may request limits higher (2) (i). (h). (iii). and (iv) of this section. "s" r-

• ur J"* " d "' A" u im -

on. "~ (3) Establish inventory proced ures O"'#4""""". '"."t"'""""W"'"' and ihr imm..i. Mii q... in. a ni ? b.e pa s em age..i..JJa soin ni or remos als troen t~or special nuclear materiat in process p,y,,h,,,.,,-., maico.al m proscw whn hes er n greaier. that provide for: ..ihe, m, c,o. 3,wne.ts 7 0-13 September 1,1978

PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 5: 70.55 Insper ions E " "' "t he innes w hen rood cause P ~ 11)(11 Records which must be main-tained pursuant to this part may be the y shown Lo luch liansee shall attord :o the original or a reproduced copy or micro-ibi Each licensee subject to the re. form if such reproduced copy or micro-quirements of 170 51 < e s shall submit a Coninnwinn at all reasonable times op-form Ls duly authenticated by authorized report, in accordance with paragraph inspect special nuclear personnel and the microform 1.s capablegibill s or < b < 2. of this section, to the -r, por tunity tom.neraal and the premises and f aciht of producing a clear and legible copygappropriate NItc Regional Office listed R wherem special nuticar material is used, art 73 of this chapter, T af ter storate for the period.pecitled by"in Appendix A of I.CEwith a copy to the Director of Inspection " produtel or Mored s Commi: ston regulations. 'and Enf orcement. U S. Nuclear Regu. n thi imh heensee shall m ike as aila. m

12) If there is a conflict between theGlatory Comnns.ston, Wachmatoa, D C.

ble to the Commission for mspection. [ Commission's regulations in this part,11-20555. within 30 calendar days af ter the upon reasonahic notice, records kept by

• cense condition, or other written Com-start of each cnding physical imentory the hcensee pertamnig to his receip G mission approval or authorization per-reqmre d by n 70.51< c e i 3 '

piissession use. acquisition, import, taining to the retention period for the ,la h the material unmoumed for e s por t or t ransf er of special nuclear same type of record, the retention period cuecded both (is us assiimted Inun i ! material specified in the regulations in this part m,4 M l u i dio cam i ! @mium eir ~ (c)(1)In the case of fuel cycle facilities f or such records shall apply unless the ,z( zgg,,, ;is t byh en Mica Commission, pursuant to ! 70.14, has where nuclear reactor fuelis fabricated "'""W'"'. ur acium (. -.s wni.unt d in granted a specifle exemption from the or processed each licensee shal upon record retention requirements specified h'gh ent hhed uranium. os 9.000 grams request by the Director Office of of (:234 coni.uned m low en r it hed _in the regulations in this part. inspection and Enforcement, provide ui.uuum. a st at e me n t of the pr obanle rent-Iree office space for the exclusive -1 70. ~.2 Iteport ..f arriilental rriticalit? y casons for the material unaccounted for une of Commission inspection personnel. . r lo or alia f t or atteoipted slo f t of '.uW pl.i n n e d wnh acinins iden or kre peu in die m.ncrial unaw u.ned tor, lleat, air conditioning, light, electrical p ial nuarar material. outlets and janitorial services shall be I.ach licensee 3 hall report imme' trand iai diatelv to the apprnpriate NitC llegional a furnished by each licensee. Se office '2l It t"r any material tht. hmit <it cr-shall be consenient to ano have tua mt:re hsted in Appendix A of Part 73 g of this chapter by t(lephone and tele, roi of the matenal unaccounted for access to the facility and, shall provide graph, maduram, or f arsuni!c any case bal mte cweeds any apphtable hmits the inspector both sisual and acoustic approsed of accidental criticality and any loss. spt s itwd m ; 'o s it e t i s ) or g other tha n um mal ol crating lo.ss, of spe-pui suant to, 70 $ lic p it,L a stattmem of privacy. g etal nuch ar material' d hable reasons for the lunn ist er. (2) For a site with a single fuel facihty taken iir I anned wah licensed pursuant to Part 70, the space < bi Each licen<e w ho possesses 1 gram d rio and attnins ropeu to the tonn of error provided shall be adequate to cr or more of contamed uranium-23,>. ura- ' nium.'33, or plutonium shall report im-accommodate a full time inspector, a ~ E nu diatelv to the appropriate NRC Ite-70.54 Nuclear mater.ial transfer part-time secretary and transient NRC Rional Omcc hsted in Appendix A of Part 73 of this chapter by telephone and tele-report % personnel and will be generally. !-ach heensee who transfers and each y commensurate with other office graph. mailgram, or f acsimile any thef t or other unlawful diversion of special htensee w ho receises special nuclear ; facilities at the site. A space of 250 nuclear material which he is licensed to ?matenal shall complete and distribute a square feet either within the site's office ct possess, or a'iv incident in which an at-R Nuclear N1aterial I ransactioni Report complex or in an offi e trailer or other tempt has been made or is believed to,,.

1. in ano anu wah on site space is suggested as a guide. For orm have been made to commit a thef t or un ;on law f ul diversmn of such material in ac-gpunted instructions for completing the sites containing multiple fuel facilities, cordance with the procedures in E 73.71 I"rm, w henes er he transf ers or recen es a additional space may be requested to of thb chapter, quanta) of vecial nuclear material of I accommodate additional full-time

70.53 gram or more of contained uramum-23N inspector (s). The office space that is

%1attrial uatus report % uranium-2 3 3' or plutonium. provided shall be subject to the i.o I ath hsensee who is authorved Each licensee who receives approval of the Director. Office of to possess at ans one tune and locati n such material from a foreign source Inspection and Enforcement. All shall complete both the suppliers and furniture supplies and communication special nus icar matenal in a quantits o MO gr.nns of con' 5 receivers portion of Form NRC-741; equipment will be furnished by the ior'd mg mor e ihan a: perform independent tests to assure Commission' uramum 215 uramums, z ( d mea-any comhmanon thereol. ?; the accurate identification ansurement of the material received, in. or i.o n e d (3) The licensee shall afford any NRC plutonoun or shall complete and submit to'the CIn67

• cluding its weight and enrichment; resident inspector assigned to that site.

U miwinn N1aterial $tatus Reports on and indicate the results of these tests or other NRC inspectors identified by k i orm N R N ' 4 2. m accordance wnh on the receisers portion of the form. the Regional Director as likely to inspect immediate unfettered I"' Y1 et ponied inst ruc hons for completing the Each licensee who transfers such access, equivalent to access provided

• torm. c onc e r ning speeiai nuelear material shall submit a copy of Form E m.nciial r esen ed. prod em ed, possessed.

NItC-741 to the U.S. Energy Research regular piant employees. following t r anstei red. tonsumed. disposed of or m and Development Admin"tration. P.O. proper identification and compliance lost hy the h t ensee. All such reports { llox E. Oak Ridge. Tennessee 37830. and with applicable access control meaures - three < 3i copies to the receiver of the. for security radiological proter' ion and shan t e ma te.n ot \\tanh 31 and September Im + i, a h s e.n and shall be tiled with the { rnaterial promptly after the t ransfer g g takes place. Each licensee w r < recch es t's I ne .'eseanh and l>esclopment Li-g ~ jecial nuclear material shall nnit a ~ imnnumon l' O ltos I, Oak 1%e. lennes-c"opy cf Form NRC-741 to the U S Energy m h u u nhm thuty i3(o Research and Development Administra-see days af ter the end of the period cosered tion and to the shipper of the material by the icp i 1 ie ( :.mmmion may per-within ten 10 s days af ter the special .g,g mg3,p,, m m a a 1, c ose t i. suoma \\t.nesial %tatus ,_ nuclear material is received. y,ag e, g y '7 97 It\\N.hi i N i "l 90 t smoJca '= l N, i W q .) a J pnmaa u n uw ,n.... n 1970 70M

PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL variation encountered in all measure-ment work, characterized by the randorn occurrence of both positive and negative deviations from a mean value. (6) A " systematic error'* is a constant unidirectional component of error that Ciects all members of a data set; its value can, in some instances, be esti-mated by the deviation of the mean of a measurement process from a reference value. A systematic error whose value has been determined in this ma mer is called a blas, whose effect can be corrected for. (7) " Uncertainty" is the extent to which a measurement result is in doubt because of the. effects of random error variances and the limits of systematic errors associated with a measurement process, after the wasurements result has been corrected for bias. (8) " Calibration" means the process of determining the numerical relationship between the observed output of a mea-surement system and the value, based upon reference standards, of the char-acteristics being measured. (b) In accordance with I 70.58(f), each licensee who is authorized to possess at any one time and location special nu-clear material in a quantity exceeding one effective kilogram and to use such special ntriear material for activities other then those involved in the oper-k 70.56 Tes ts. ation of a nuclear reactor licensed pur-suant to Part 50 of this chapter, those Each licensee shall perform, or Permit inv Ivnd in a waste disposal operation, or the C,ommission to perform, such tests as as sealed sources, shall establish and maintain a measurement control pro-the Commissmn deems appropriate or gram for special nuclear materials con-necenary for the administration of the @ trol and ac counting measurements. Each regulations in this part, including tests of g program function shall be identified and (al special nuclear material,(b) facilities c. assigned in the licensee organi7ation in I I""C" wherein sPccial nuclear material is o tional and organizational relationships utilized, produced or stored. (c) radia-shall be set forth in writing in accord-tion detection and monitoring instru-ance with 170.58t bi t 3). The program ments, and (d) other equipment and shall be Gescribed in a mam.al which devices used in connection with the pro-shall contain the procedures, inst ruc-duction, utilization or storage of sPecial i ns, and twms prepared to meet the nuclear material requirements of this paragraph, inclut!- ing procedures for the preparation re- $ 70.*>7 Mca urement control program view, approval, and prompt dissemina-for special nuclear materials control tion of any program modifications or and accounting. changes. The licensee's program shall (a) As used in this section: G (1) " Measurement" includes sampling (1) The licensee shall assign responsi-8 and means the determination of mass, bility for planning, developing, coordi- " volume, quantity, composition or other nating, and administering the program ' property of a material where such deter-to an individualin his organization who C minations are used for special nuclear has no direct responsibilities for the oper-O material control and accounting pur-ation of the analytical laboratory or for poses. the processing of rnaterial, holds a posi-(2) "Measu*ement system" means all ti n at an organi7ationallevel which will of the apparatus, equipment, instruments permit independence of action and objec-and procedures used in performing a tivity of decision and has authority to measurement. obtain all the ir. formation required to monitor and evaluate measuremt nt (3) " Reference standard" means a material, device, or instrument whose as-quality as reqdred by this section. signed value is known relative to na-(2) Provisions shall be made for man-tional standards or nationally accepted agement reviews to determine the ade-measureinent systems. Quacy of the program and to assess the (4) " Traceability" means the ability to applicability of current prcee<!ures and relate individual m(asurement results to for planned audits to verify conformance national standards or nationally accepted n with all aspects of the proa

n. These re-measurement systems through an un-views and audits alall '

' rformed at -brokea chain of comparisons. intervals not to exct. 1ths. Audits and reviews shall be pe. m d by tr.umvl (5) " Random error" refers to the indi"! duals indepencimt ot direct re-spc thility for the receipt. custody, utt .t n, memurement. measurement quality and shipment of special nuclear P00H rg Ull) ' 1 l] 7 0-15 hj4 Au et 17,1979 ' : set)

PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL material. The results of reviews and values for bias corrections and their un. urement system which generated the audits shall be recorded and reported to certainties, random error variances, data shall not be used for material con. licensee management. limits for systematic errors, and other trol and accounting purposes until the (3i The licensee shall assure that any parameters needed to establish the un. deficiency has been corrected and the person who contracts to perform ma. certainty sf measurementa pertaining to terials control and accounting measure. materials control and accounting. The system has b*en brought into control at ment services conforms uith applicable program data shall reflect the current the 0.05 control level. requirements of paragraphs (4) through process and measurement conditions ex. (12* A records system shall be pro-i8e and (10) through (12) of 170.57tb). 1 sting at the time the control measure. vided in which all data, information. Conformance shall melude reporting by ments are made. Measurements which reports, and documents generated by the the contractor of sumetent error data to are not contro!!ed by the program shall program shall be retained for the 3 ears. allow the licensee to calculate bias cor. not be used for materials control or for except for those records pertaining to rections and measurement limits of accounting purposes. The program shall the training and qualification of per-error. All statistical studies shall be re. Include: sonnel who perform meamrement ac-ported or referenced in the measurement (D The ongoing use of standards for tivities pursuant to 170 57 bi'7 s. Tho-e report submitted to the licensee, who calibration and control of all applicable records shall be retained for two years shall have access to the contractor's sup. measurcaent systems. Calibrations shall Records shall include a summary of the porting control data. The licensee shall be repeated whenever any significant error data utilized in the hmit of rrror perf ot m reviews to determine the ade. change occurs in a measurement system calculations performed for each mate-quacy of the contractor's program and or when program data, generated by rlal b. lance period. The recor% f o tem shall )e organized for cfb tent ret'in al audits to verify conformance with all tests performed at a predetermined fre. aspec ts of the program. Reviews and quency, indicate a need for recalibration. of program information Farh remrted audtta (hall be performed at intervals not Calibrations and tests shall be based result shall be readijv,Iital b to tho original measurement data amt to a!! to exceed 12 months. Resulta shall be upon reference standards. (11) A system of control measurements g relevant measurement control irdornm-to provide current data for the deter. g tion. including pertinert ca hb o t ie doc umented and reported to licensee management. m data. Records. hall be availabic for NHC 441 In order to assure that potential mination of random error behavior. On sources of sampling error are identified a predetermined schedul' te system a: insnection. shall include the replicai analysis of * (c) Applicants and been'ee' obh a and that sa mples are representative, M process samples, the replicate weight or S to the provisione, of pararraph b. prm eo and engineermg tests shall be this section shall submit to the t'om nis-i et foimed u'mT well characu rized ma. Volume measurement of bulk quantities terials to establish or to verify the appli. of material, and the analysis of replicate sfon for approval a detailed phn describ-ing the program that will be uwd to caluhty of existing procedures for mixing process samples. comple with said proviMons. The pla n and for samphng special nuclear ma. (9) The program data genera ted submitted shall include the identifica-terials anci for maintaining sample in. during the current material balance tion of those measurements to be con-ti grity during transport and storage.The period shall be used for the determina. tracted and shal! describe the steps tha procram shall assure that such pro. tion of the !!mit, of error of the plant licensee shall take to assure the ad - redures are maintained and followed. and, material balance. Measurement error ouacy of such procedures Licenset that samp!!nc is mcluded in the proce. e data collected and used during imme- -aA dm es for e3timating biases, limits for A distely preceding material balance peri-plans shall be submitted on or befo. November 11,1975. error "[ proiided that the measurements are in ods may be combined with current data [ systematic errors. and random (di Licensees subject to the prosi lons [ t a riances. G The program shall include pro-o statistical control i.e., when repeated of paragrach (b) of this section sha!! o follow tha plans submitted nurcuant to vistans for the review and approval, be.

• samples from the portion of the measure.

fore use. of written procedures for: ment system under test behave as ran. pa rnernph (ci of this section af ter Mnv 17 1976 or thirty daye of tm th" it-Preparmg or acquiring, maintain. dom samples from a stable probability ing. Storine and using reference stand. distribution. Under such conditions data submitted plan is approsed b" tlw NP'

ards, sets may be combined provided that the whichever is later. After Ma" 7'

Im; f ui Cahbratira measurement systems, parameter estimates based on the current nn anplicant sub ect to the nrovt tons nf per forming bulk measurements, obtain. set of data and the previous set of data parnRraph (bi of thh wetion < hall im-Inc vmples and performing compos 1 are not significantly different on the basis medistciv implement his nlam submitted tional anal 3 ses, of appropriate statistical tests performed nursuant to paragraph (ci of thh sec. nii Recordina analyzing and report. at a level of significance of 0.05. tion, folloning incorpoirtion of said plan in. the program clata and information, (10) The licensee shall evaluate with _as a condition of liceme mp's opriate statistical methods all pro-and ( r in. Controllm.: measurement per. gram data and information, and relevant t 70.$N f undamental nudear mah rial f orm ance. process data used to establish bias cor-conicole rections and their associated uncertain-

• To assure the adequacy of each ties, random error variances, limits for tal Neh hensa who is na h.. f u mesurement sy. stem with respect to systematic error, and other parameters process Hows sampling and measurement po m t.- and nommal material composi.

pertaining to specf al nuclear materials " P"wew a1.un onc im u.nia h,

n.n control and accounting measurements, special nuck.. nutci ul m emn ss tions. engineerim: analyses and evalua-and to control raeasurement perform-cecthng one citeun t k a.ui im w t.

tions shall be made of the design, instal-

atinn. preoperational tests, calibration, ance pursuant to i *l0.58(fl. Blas correc $. ee h spcM i% h m

. i w a cIy m tions shall be made by an appropriate n u t..d pes and esaluations shall be re. statistical procedure. ?i ',", "' '"' "h t d i n A, f a o n n and the operation of each system. Such t, (11) The licensee shall estab]lsh and z 'yus h ar renior hsensed pm so na i. p. r prated wheneser a significant change is maintain a statistical control system,in

• W 't t ha t haptc.mJ r h..sc on.a < a m made m any component of a syste a. *4he cluding control charts and formal sta- $ u auc dnpoul opciaa.n M

ma s remits of these analyses and eval atio s tistical procedures, designed to monitor vunew u p w h u nm, Gall be recorded. the quality of each type of program g, %, ',g 4 '7' Procedures and performance cri-measurement. Control chart limits shall "".^n-tenu shall be retabhshed for the training be established to be equivalent to levels 'ounnng pt. u durcs n .i;in qualif>mg. and periodic requahfying of of significance of 0.05 and 0.001 When. ihe lund.uncnol nus h i .ie all peisonnel no perform sampling and ever control data exceed the 0.05 control ii oIs rcyuii< m cn,s sp ,ti, i: measurements for materiais control and limits. the licensee shall investigate tLa p.o,c apin i o i Wi oud ii i. a i u s acco mtma purpo'es. Qushfication re-condition and take corrective action in '",'3'"','"',"""""'"", ' ult's call be recorded' a timely manner. The results of these '8i T.he program shall generate cur-investigations and actions shall be re-i trnt data on the performance of measur-corded. Whenever the control data ex- .e i.u. na processet includmg. as appropriate, \\'- ceed the 0.001 control limits. the meas-e n , q, September 1,1978 Mj 70-16 uIl ihihNnt

PART 71 e PROPOSED RULE MAKING NitC Public Document Room at 1717 11 Etreet NW., Washington, D C, and other special nuclear materials, com-clal nuclear material, including pluto. ments are specif cally invited on the mat-nlum, in civilian aircratt, there have Af ter comments have been recelyed ter of whether suspension or other lim!- been no air accidents involving the ma-and censidered the NRC will publish its tations on the alr transportation of terial. views as to NitC rules pertaining to air plutonium and other special nuclear ma-ne experience in shipping thousands transportation of radioactive material terials are justified during the period of packages per year of all forms of in the PEDMAI. REGIMTts. When the that the subject rule making proceeding radioactive materials by all modes of aforementiont d dra f( environmental im-is being conducted. Views on this par-transport under existing NRC, DOT, and pact statement is prepared, notice of its ticular matter, together with the sup. FAA regulations has been very favorable, availability will be put,lished in the Frn-porting basis for these views, should be The requests for suspension that had rust RacasTrn and opportimity for pub. submitted to the Secretary of the Com-been received as of that date did not set lic comment afforded pursuant to NRC mission U S. Regulatory Commission, forth any signincant new information regulations implementing the National Washington, D C, 20555, Attention: which wou'd indleate that pre =ent pack. Environmental Polley Act of 1963 (10 Docketing and Service Section by July 2, age or security requirements are inade-CFTt Patt 51). In addition, background information on the subject of regulation 1975. The NRC will decide, af ter evalu-

quate, of transportation of radioactive mate-ating the views and comments received

• n view f ep si al suurhy meas-rials has been placed in the NRC Pub-hether a diffnent ccurse should be ures now required by 10 CFR Part 73, lic Document Room at 17171( 8treet pursued during the pendency of this rule the protection provided against severe making proceeding and publish its con-accidenta by the htxh integrity packag11:g NW., and at its local public document clusions in the FrotaAL RrcisTrn. Cur" required by NRC, DO'l and FAA regu-rooms throughout the nation. Coples of rently effective regulations will continue lations, the consistency if these require-such background information are avail.

to be applied until a decision on this mat-ments with internationa standards, the able upon request in writing to the Omce ter is made. low accident probability, and the favor-of Standards Development, U.S. Nuclear As indicated above. related spect!1c is-able experience to date, the risk involved Regulatory Commission, Washington, sues will be, or are presently, the subject in the transportation cf ra?doactive ms. D C.20555. of consideration in other rule making terial under currently effet tive regula-Interim eratuation. Recently there proceedmgs, and the NRC will continue tlans were belleved to be small. have been sescral requests that air ship-to take appropriate action, as justified by Notwithstanding its tentaths conclu-ments of plutonium and other special the circumstances, to assure that the sions, ir view of the oncerns xpressed nuclear matenals rand related ground risk associated with the transportation and the fact that rewests hat been re-transportation of special nuclear mate-of radioactive materials remains small, cetved for the suspension of air shipments rials incidental thereto) be suspended of plutonium and other special nuclear pending reexamination of presently ap-materials. comments u ere specifically in-plicable regulations. In assessing the ap-vited on the matter of whether suspen-propriateness of such action at this time-slon or other limitations on the air the NitC has considered the following: transportation of plutonium and other

1. In more than 25 years of shipping 44 FR 5627 special nuclear materials are justifled special nuclear material, including plu-Pubhshed 2/9/76 during the perl>d that the rule making tontum, in omhan aircraf t, there have proceeding is being conducted.

bec no air accidents involving the ma. Views on this matter, together with PART 71-PACKAGING OF RADIOACTIVE the supporting basis for such views, were

2. The t31wrience in shipping thou-MATERIAL FOR TRANSPORT AND invited to be submitted to the Commis-TRANSPCRTATION OF RADIOACTIVE ston by July 2,1975.

fr loa t e te als by all n o f MATERIAL UNDER CERTAIN CONDI. After consideration of the comments transport under existing NRC, DOT and ' " " * " " * ' ' " ~ FAA regulations has been very favorable PART 73--PHYSICAL PROTECTION tors discussed below,"the Commission has

3. The requests that have been received OF SPECIAL NUCLEAR MATERIAL reamrmed its tentative concluston set do not set f arth any significant new in.

Packaging and Transportation of Special out in the notice published in th(. Frn-formation which would indicate that ERAL REGISTra on June 2,1975, with present package or security requirementa Nuclear Material by Air: Continuation of respect to special nuclear mater]als are inadequate. Shipments During Pendency of Rule Making Proceedmg (other than plutonlu n that is not con-tained in a medical device designed for m as res o q ed 10 CFIt On June 2,1975, the Nuclear Regula-individual human application), 73, the proteWon provided against se-tory Commission published in the Fro-Twenty-six comments were received raat Rtctstra (40 FR 23768l a notice on the question of the Commission's acka n r quired y nit DOT that it was initiatlng a rulemaking pro-interim evaluation set out in the June 2 FAA regulations (summarized supra) ceeding concerning the alt transporta-

notice, the consistency of these requirementy tion of radioactive materials, including with international standards, the low ac-packaging, with a view to the possible The comments received. 2hich repre-cident, probability (supra), and the fa-amendment of its regulations in 10 CFR sented a wide spectrum of views on the vorable experience to date, the risk in Parts 71 and 73, adopted pursuant to subject at issue, did not present any new information that would support the sus-volved in the tranaportation of radioac-the Atomic Energy Act of 1954, as pension of or other limitations on the air tive material under currently effective regulations is liebeyed to be small.

to subm t co e ta d ugg t!o to Accordingly,it is presently the view of the Commission by August 1' 1975. materfal. the NRC, subject to consideration of In the same notice, the Commission The Attorney General of the State of comments to be received, that its cur-published Ita interim evaluation of the New York submitted his view that air rently effective regulations can continue question of whether its current regula-transportation of special nuclear mate-to be applicable during the period in tions allowing air transportation of spe-rial should be suspended pending com-which this rule making proceeding is in cial nuclear materials should remain in pletion of the rule making proceeding progress. Atore particularly, in light of effect during the rule making proceed-and the accompanying environmental present information as to the safety and ing. 'Ihe Commission tentatively con-impact statement. 'Ihe bases for hia view security of air shipments of radioactive cluded that, in !!aht of present informa-were contained in affidavits submitted in material, the Commission finds no sound tion as to the safety and security of air an action instituted by the State of New basis, for the reasons stated above for shipment of radloactive material, there York against the Commission and several requiring the suspension of such ship. was no sound basis for requirirg the sus-other Federal agencies in the United ments. pension of air shipmenta of special nu-8tates District Court for the Southern Notwithstanding the foregoing, in view clear material. The Commission's tenta-District of New York, seeking, among of the concerns expressed and the fact tive evaluation took into account the other things, an injunction against is-that requesta have been received for the following factors: suance of licenses permitting transport suspension of air shipments of plutonium In more than 25 years of shtpping spe-by air and related connecting transport of pluton!'.:m and other special nuclear 71 21 29/ March 2,1979 d" JfU

PART 71 e PROPOSED RULE MAKING matertaN from. ta. amt over the ritv an I alternative modes of tt ansportation that AooREssts: Imerested persons are State of New York mal the Umted States may be asailable. Indeed, air transporta-insiled to submit wntten comments and and its territories tion inay hase signiflcant advantages suaeshons on the proposal and/or the The affidavita filed bv the State of h,ew over other modes of transportation from sUPi"nhng bdue/ imp,ul anah sq to the York contended that air shipment of this standpoint. Because transit time is special nuclaar material; endangers the rninimized and the airport of destination Secretary of the Commission, ll.h. Hves of New York citizens in two ways: can be quickly altered if necessary op-Nm h ar Regulatory Commission.

1. The possibility of an alrcraf t acci-portunitics for thef t or acts of sabotage L shmWon. l) (2 MiM. Attention:

dent resulticit in a reles e of s celat nu-are reduced. Once in the air, special nu- !b ke% and Sen me Hram.h. Sulde clear materials or radiation fr m thcm: clear materials are significantly less vul- ' "I"" 'i "'l'*I#'"""' * """ and nerable to hijacking than is the case for in obtan:ed on ago".t h oni the cont.u t

2. The posibinty of terrorist activities surface modes of transportation. These siirected tow ard f uch materials in the advantages are not derronstrably out-hh ntitwd hchin t:opies of the ulue/

rourse of air transpcrt or plated run-wei hed by the gre,ter mobility the suc-imp a ? ' ah v s rul of a oe:ments m ncoting tran:oort rc3ulting in: cussf ul hijackers of an air shipment n., e n ed b tcc Commission n.ay he las Deliberate di+ersal of ladioactn e might enjoy; an airplane is, if anything. In de r'amn.n1 Ni hi. mmi i ma t ernis easier to track and find than an itinerant !.1711 Su n t. 3M.. U" 'n o., ib) Manuf a( tune of in lear u t apor/ truck. or It should be noted that the United %iJ

• "U('

fen Accidental re trase of ;adtwetne States District Court for the Southern FOH FURTHER INFOHMAllON CONTACT; materials. Dn t rict of New York has dented the W lhinW it ' W m,. ()lfice of New York's allidnits r ega rd mg the State of New York's request for prelimi- %MM Umelo mont, il S. Nudear health hararch of air shipment hke most nary injunction in the action in which

• Hewdataiy Comumion. %.ashmxton.

of the concerns that has e been expre%I the afndavits submitted as comments recently about air transportation of spe-were filed. IR oM Te lepimne: JO!4D-M. cial nuclear material. relate to the pos-Baseri on the foregoing, inctuding the SUPPLE MEN T ARY INFORMATION: In 19h8 sible consequences of an ac(idental re-considerations stated in the June 2 notice g, gy p . Commisi.on ( Al'C) lease of a significant quantity of pluton-described supra. the Commission has lum. It is acumed that the leason that concluded that the air transportation of """'" M ^I"ME'h"ns m 10 CF R P.irt i.!nt onium is discumi more timn special nuclear material, other than -*1. then entitled " Packaging of uranium in that plutonim poses r much plutonium, under currently effective reg-Radioactive Material for Transport"(33 1:reater radiolomral neahit hamrd tuan ulations neM3 noi,. and should noi be F R 176.!!). to he companbie wiih the either low or high enrichnt uramum, du" suspended or otherwise limited during I)cpartnient of Transportation's revision to its much greater radioactnitv per umt the period that the rule making proceed-W. I I"N" mass, and its radiobiological charartt r13-ing noticed on June 2.1975. is being pertaining to safety in the transport of tics. Uranium 233 exists only in small conducted, experimental quantities at this time and radioactise material The AEC is rarely transported by air. Enriched n Mations at that time applied to the uranhtm, whether of low or high enrich-mcka ng and transportation of ment, would not present a siemficant radiological health ha7ard ev(n if a sig-b'... F R 48234 radioactis e materials in greater than nificant quantity yete to be released m7 " Type 11" quantities and of fissile Pubbshed 8/17f79 an aircraf t accident. The low accident probability and the favorable experience C'mment penod expues 10/16/79 to date with containers used to transport } E" " I""'"I ""W'"'""".'. uranium 233 and urantmn 235 demon-(10 CFR Part 71] than lype Al quantines. Among the strate that the probability of an aceSdent remdting in stgnificant dispersal to ex-Packaging of Radioactiwe Material for requirements adopted was one that tremely small. Transportation and Transportation of Pdf1"X"s for greater than Type A 4"d"Uh"s of radmartive materials and l'or plutonium, oth(r than !n medical Radioactive Material Under Certain p.uhes for fissde matenals had to Conditions; Compatibility With I AEA a u ~ in st f tl r en e sahsfy certain speafn d pnformance the question of continued air shipment at Regulations criteria w hen subjected to severe the present time ha.s been forectosed by AGENCY: li S. N,ut. lear Regu!*n cond;tions know n as " hypothetical Pub L. 91-79, enacted August 9.1975. It Commission-acadent ronditions/ provides. among other things. that ~rne nuclear nuotatmy conunison han ACTION: Proposed rule. A Type A quantity of non-fissde not ncene any shonnenta hy air transp rt of n'atuid is considered not a senous plutonium in any sorrn. whoher exportt im-

SUMMARY

The Nuclear Rn.:atory Lazard if packaging failure occurs in an CrNNr$0'tUtNnNd SIy' aN Conanission is mnsukrnN nnisieg es accident however. Type A packages p

tainert in a medkal device dskt.ed for ind!- regulations for the transportation of must be able to withstacd a wide range vionai huma, appheation n not untect to radioactis e material to toake them of speafied conditmns which may be Ne'Er't t tne$Nr$$1NNN,n$i$" mmpahble with those of the experienced in normal transport. The S"' " ston hu certined to the Joint canunittee on International Atomic Energy Agency regulations of the Department of Atonne Energy of the rungre w that a safe llAEA) and thus with those of most Transportation in 49 CFR Parts 170-179 IOtN"Eut tie Sr major nuclear nations of the world. speufy the requirements for these t r h an blast-testing equivalent to the crch and ex-Although seseral substantise changes packages. pimton or a high-riving aircraf t ' are proposed in order to provi.le a more Should such certifications be made in undorm degree of safety for various the future, they would of course dem-13 pes of shipments, the Commission's onstrate the absence of any cause for basic standards for radioattive material ' hewnt rmlahons daemmh among T)pe A the health concerns put forward in the pm kagmg would remam unchanged. wnho w m n n'.m amoimt of a particni.a New York afildavits. .I b Ikpartment of Fransportation is "" nut ide :h# may be transported in e padge New York's contentions regarding the desmned to wumnd spe< dwd omdaions of possibility of terrorist activities do apply a6o propoMng a cornspombng rn!" nmm/ iracsportation but not the simutated equally to high enriched uraniura 235 and i hange to its Ilamdous Etmials m nom wndition.i. T yp, B quannt> ia spenf,,d plutonium. Ilowever New York has failed I'ranspor t Regulahons amount rever than. Ty pe A quanhty but to show that air transportation and as-DATES:(;ornmehls Inast he rm t Ised on " "+M dnd d """ wehh Weater than a T> pe sociated ground transport are inherently "I M"" l h '"k t ' " I C' more vulnerable to such activities than t 6 9 a ~ ti V/ 0I1{ 1 71 22 apt 17,1979 ' S L I 1l i

PART 71 e PROPOSED RULE MAKING 1he regulations in the AEC's 10 CFR calendar 3 ear 1975 more than 10Jxio Pdri 71, as reVihed in 1968. Were packages of radioactive materia! are substantially in accord with the exported annually from the United recommendations of the International States. In order to minimize Atomic 1:nergy Agency (IAEA) as complication and delay end encourage published in IAEA Safety Series No. 6. uniform safety of these export shipments " Regulations for the Safe Transport of and those which are imported. revision Radioactive Ma terials" (1967 edition). of United States domestic regulations in

• !y m r dcages Lne been made to 10 CFR Part 71 is proposed. This 10 CFR Part 71 nince that time except for revision. in combmation with a the change in the administration of Type corre:ponding amendment by DOT of H packagmg requirements and the Title 49 of the Code of Federal addition of I 71.42 placing restrictions Regulations, will bring the U.S.

on shipment of plutomum. regulations into accord with relevant No petial restriction on air transport portions of the IAEA design and of plutonium is irnposed by the present performance requirements to the extent or proposed 10 CFR Part 71, because the considered feasible, thereby making congressionallegislation restricting such them compatible with the domestic shipment and resultmg in the NRC regulations of most of the internahonal duelopment of a Plutonium Air commuruty; remaining differences are Transport (PAT) pakage is a separate discussed below. Although procedures and m eiridmg reymremen'. A separate for implementing and enforcing the i ;lemak'ng is being undertaken by the regulations necessarily vary somewhat Comtms.aon to address e ntrictions un amcmg countries, the IAEA the ou transpart of plutonmm. administratise requirementa are also Ses e.d years of expenence m the being adopted where appropriate. Unju d Males and other countnes Pat kages of design having a valid ma t a cd th it the IAEA ingulations certificate of compliance as of the merally sound and practical and effective date of this amendment wdl be w en 4 that ihm prodd, d i reasonable degree treated as compl ing with the amended 3 of s dets Although ses eral Type 11 regulations provided fabricatwn is in p+ k age. ll e-packages rontaimng more accordance with design and has been than i 1 pc A qu.nhty) have been completed within two years after the 3 msobed in sesere accidents in the Uruled States, no known escape of radioactive material has resulted. It did appear, however, that a more uniform deg*rc of safety for urious designs and for thfferent package contents was desirable and could be achieved without endue restriction by some modification of the design requirements and '] $9L] performance cnteria of the IAF 4 regulations The IAEA convened pancht in 1971 and 1972 to 'eview their transportation ~ regulations and to recommend appropriate amendments. All member countries with a well developed nuclear industry and many international organizations were represented on the panels. the United States participated in the program and in fact initiated many of the amendments. The IAEA subsequently issued the 1973 edition of Safety Series No. 6. " Regulations for the Safe Transport of Radioactive Materials." Reasons for significant changes from the 1967 edition are documented in proposals submitted in advance to the IAEA by member countries, in working papers prepared by study groups during the course of the meetings and in the taped record. Much of this background information is summarized in IAEA Safety Series No.

37. " Advisory Material for the Application of the IAEA Transport Regulations.'

Dased on figures compiled for the I i

PART 71 e PROPOSED RULE MAKING effective date or before expiration of ihe ear h radionutlide two salacs. A. and For some radioactive materials in certibrate of compliam m whic hmer is A,. w hit h are the maximum number of special form the Type A limit will be la ter. curies perrmtted in lipe A packages in increased and for some the Type A limit It is es untial that NRC an.1 special form and normal form. will be decreased. The change in the De;ia:tment of Transportation respectively.The A and A, salues for number of such packages is also reguhaiuus be consistent and that varmus radionuclides are in,ted in the expected to be small. related changes to the regulations of the proposed regulation. Type B/U/-Type B/M/ PacAaging two agencies be made simultaneously. The value of Ai for special farm ' Standards lhe propou"1 changes to DOT s 49 CFR materialis intended to hmit ne possible Parts 170-179 and DOT's proposed new external radiation dose rate to 1 rem / Type B packages regulated by the Part 127 to Title 49 to make them hour at 3 meters from the source if the NRC currently fallinto two categories: consistent with the relevant portions of contents of the package are released, those containing Type B quantities and the 1973 I AEA requirements have except that an upper limit of 100 curies those containing "large quantities" of already been published in the January 11. is imposed. Special form material must radioactive material. The present upper 1979 issue of the Federal Register, also be nondispersible as determined by limit for Type B quantities and the certain stringent criteria (which differ designation of amounts greater than that Major Changes somewhat from pre ent criteria for lim.t as "large quantity" were The major changes to 10 CFR Part 71 special form) which are set forth in established at a time when large being proposed deal with assignment of Appendix D of Part 7t. quantities of radioactive material. individualized Type A quantities for The bases for the A value for normal particularly in the form of irradiated each radionuclide. and the addition of material (that is, material not in special fuel, were thought to require special new Type B(U) and Type BlM) form) are:(1) and accident of moderate provision for heat removal and special packaging standards. These major seterity might release 0.r% of the consideration of the possible escape of changes are discussed in the fallowing contents, and 0.1% of the amount coolant under accident conditions. paragraphs. released might then be taken into the Ilowever, experience has shown that, bqdy of a human being in the vicinity; while some present Type B quantities do Indieidualized Type A Quantities this mtake should not exceed half the require special consideration of heat One important change that would be maximum permissible annual intake for removal, some large quantities do not made by ;he proposed regulations 's the workers as given in IAEA Safety Series require such consideration. Also, the eliminatmn of the system used to specify No. 9. " Basic Safety Standards for hazard associated with escape of the quantity of radioactive material Radiation Protection" (1967 Edition): radioactive material is not appreciably

• permitted in Type A packages. Under and (2) As shall not exceed A. Intake dependent upon whether the the present system. radionuclides are salues are bared on the International accompanying non. radioactive material disided into seven transport groups Commission on Radiological Protection is classified as a coolant. Therefore. the which take account of toxicity and (ICRP) 1960 recommeaded limits for proposed rule would combine the spet ific activity, plus a "spe(ial form" radiation exposure.

existing Type B and large quantities. category for materials which are not ,t he fo!!owing table compares the Ah of B dispersible because of their mherent present special form and normal form packaging. designated as Type B(M) and limits with the limits that would be Type B(U) have been established by the physical form or because cf suitable encapsulation. Under this system. the applicable under the proposed rule, for IAEA and are included in the proposed allowable number of curies for each several of the more commonly shipped regulations. For mternational shipment. radiundos. the same as the allowabte number of The adoption of A, and A, values will the Type D(M) package requires radmnuclide in a group is in most cases approval by the competent authority of l cunes for the most toxic member of the soraetimes permit a sing e Type A each country mto or through (but not group. This method is unnecessarilv package to replace two or more present over) which the package is transported. restrictise when applied to the less toxic Type A packages. Also. some of the unall number of Type B packages with 1.e.. multilateral approval, Any special design features or operational controls group members, v.hich in some cases contents ncar the lower hmit for Type B hase a madmum permissible body of the Type B(M) package will thus be could be reclassified as Type A. burden more than ten times that of the subject to review for consistency with Ilowever, the number of Type A packages and the total amount of the practices and procedures of more more touc members. The proposed regulation eliminates material in Type A packages is not than one country. The Type B(U) transport groups. Instead. it assigns to expected to be significantly affected. package is mtended to require approval only by the country of origin (i.e.. unilateral approval) and for this reason me e 'm. A p"* has numerous special features of design p,mcy and performance as described in e,mi gm, p,-t proposed $ 71.34. Proposed Part 71, however, makes no distinction between spa som %= iorm so c.auorm so,-w tom Type B(M) and Type D(ti) package designs with respect to required i 20 mi e me ' 1^". M f "o co, 9 approvals. Both types will fall within the 2 3 00, generallicense provisions of f 71.12 for m 20 3 7 7 7 l [ } g mport and export, and will require 2 specific NRC approval for shipments n m. a 3 20 m 2; [ ] 2y '] '] wholly within the United States. In some circumstances, the NRC nust also ze 0 3c, 2 m2 approve the conditions of t msport for a ~ S' a a m e 04 Type B(M) package. 8 329 7124 Auoust 17 1470

PART 71 e PROPOSED RULE MAKING Comparison With Current Regulations Where no entry is shown, there is no closely corresponding paragraph or Set forth below in a cross-index of section. paragraphs contained in the proposed The administrative requirements in revision of Part 71, the present Part 71. the United States for application to the and IAEA Safety Series No. 6. Nuclear Regulatory Commission for " Regulations for the Safe Transport of approval of a package design, for review Radioactive Materials"(1973 Revised by the Commission staff, and for Edition). Omissions from proposed Part documentation of design and approvals 71 of requirements in IAEA Safety necessarily differ from those described Series No. O are not shown; however. in IAEA Safety Series No. 6. For most of such omissions of a technical and these items, no cross-index with IAEA substr Ative nature are discussed later. Safety Series No. O is shown. Crosf.Indes Proposed Present IAEA sa8ety a reguiation reguiahon ' seres No a SvePAnt A-GEastmat Pnowssohs Purpose - 71 1. . 71 1 Scope 71 2.. . 71 2 Requesment for brerise.. 71 3. . 75 3, Defeutaons. . 71 4 . 71 4.. 7tansportahon of hcensed materef. 71 5 71 5. Spec hc enempt ons Esemption of physcens 17 6 _ . 71 6. . 71 7.. 71 9. E semphon for low leves mareres. . 71 8 71 7. Esemphon tot hende matenal . 71 9. . 71 9. 15 gm.. 719(a)... 71 Jta) - 601(al Nat or Oepi U 719(b) - 719(b) - 601(b) Homogeneous hyd mnre. 719ec).. 719td). 601(c) U to to 1% ent. 719(d) . 719(c). 60 tid) Fosde matl < S gm/101. 719qe) . 719te) 6011e) 1 Kg Pu. 719t ). 60 t(f) f Uranyl neate sol-719(g). 601(g) tmted exemphon lor type B. General bcense, hssde ma9 ....... 71 10,. 71 11 . 71 11 Fsede class 11. Case 1. 71 11ta)... 71 11(b).. Fosde class 11. Case 2. 7111(b) - 620 Fasado class Itt rane t Frsede class lil, Case 2. 71 I ttc) . 711 fla) - 11 11(d).. 623 Fesde class Ill. Case 3. 71 11(el. 624 General hcense, approved packages.. 11 12... 7112_ Commurmcations. 71 13.. . 71 13 Interpretafsons. . 71 14,, ,. 71 1 a. Aostoonal requeements Amendment of enshng hcenses. . 71 15... 71.15.. . 71 16. SuePant 9-Apputation Foo Pacs AGE APPROwAL Contents of apphcation 71 21. . 71 21 Package description 71 72 71 22.. Pactage eva*uahon Quahty assurance . 71 23. . 71 23. 7124 7124 Addmonal eformation 71 25. 71 25 SuseamT C-PACN A66 $Ta8eDARD$ Demonstranon of comphance.. 713i. . 71 344,3. 70i_7o2 707-708 Slandards for aA type B packages 78 32 71 31 Litting attachtnents. 7132(a) . 7131(c). 204 Mensmum denensson 7132f tp.. .173 391lc) 210 Seat 7132(c) 173 393rb) 211 Fasteneng devKe ?? 32td). 7131(bl 216 Toten devce 11 '12fe) 713 ttd) - 224 Materels of consputtion 71 32(*) Portormance e normal transport . 71 3219). . 7131(a) 219 Verwes. 222 Additional regurements for StM) pegg Per*ormarse e acculents . 7132(h)... 7135ta) 225 7133ta).. 7136(a) 229. 243 Adshonal requerements for B(U) pkgs 11 34 Portormance in accadervts 7134(a). _ 7136(a) 229. 230 Fdters. coohng system - 7134 el 234 t Venting system 7134(c). 235 Pressure rehef system 7134td). 236 Operahng pressure brewt 7134:e). 239 Operatng pressure. structural. 71344f). (g) 237, 238 Standa'ds For hssde maienal pags. 7135. Generai reguremores 7135(ast1). 601 Laguid leakage assumpfson. 71354a r(2) 7 33 602 Per*ormance e normal iransport. 7135 ayJ) 71'35tbl 605 Performance e acceents. 7135(as(4). 7136 bt 607.617 i Specsel anh-leat desagn 7135ia)t5). 7133(c) 607.617 F made dass I 7135f b).. 71 38 606 Fende class 11 . 7135fcl.. 71 39.. 616 Fende c. ass til . 7135(d). 71 40 621 Pacsage array - 7135(el . 71 37 4 8 b,0 71-2 5 August 17,1979

PART 71

• PROPOSED RULE M AKING of time shorter than a scar for pressure Cross inden-Coritmued buildup.

A def nition of " stress miensiti has P";po*Hf P,oger t LAEA Wy hppg ggjpj g 7g g3pd g 7 g,4(q), 'I his N.i '.T5_. term is used in proposed i 71.M [f} and 7i w ri 42 (g). se m pivio,,um..,.,-, tt 3r. we suvy.pp,uwd on.em

2. Section 71 t@vmption for low sm,o o,

~cmum. o wanoms /ere/ materials. Low.les el sohd n si . ri si %.,n.n io, o A r,n.r.- n 52. . ri s. m materials and low specific activity s. ne.n...w o. w. . 71 s3. 738 . ri 53. maten. ls esen ii they should escape a p,.iwoun.ry de*.n=n. huns .ns n nooi.n. a.i.,,. n 34m. u,..v.. n..w.o.e nsoi in me sos. su s37 from the packaging, present little hazard to indm.. duals in the public because the

• *..u..or...

p.v. n sm.. its an.nn. u,..u... ,n.u, -.u ri su ira nw so, concentration of radioactivity is small 173 397 77'"* "ji . "j} f and individuals base a limited capability for inhalation and ingestion of . n er. n sa 9-ons. . n s'.. the material.The nsk to an individual ri 63 in o.a.on.nasi, . n 64 ri64 does not depend to a sigmficant extent V.oi.t.o. on the curie quantity. These materials %,,,n un,,,,,n.,,,.,n, o,,,.nwo,, App A... App A. 232 have therefore been exempted from the n 32rm roon4 rE,U [A [EA. requirements of the proposed Part 71, but must satisfy the requirements of the App c t,.%. ior spaow em w appZeable regulations of the, f.si App o . App o ns- " ' oA,aqu.*,vocis App E.. App E _._ _ _..._ Department of Transportatr.m. This exemption was requested i, three en. provmon. o 49 crn r.,t i rs o in.. aus..on. o. e e as,.+e,,m. iu.wim o. cmm ~n t<ic o i r3-.,. - petitions currently pending oefore NRC. in. o.,.nm ni o, r'rewm Type A quantities continue to be exempt Detailed Changes Some changes have also been made from the requirements of P irt 71. f r ISA material. defined in proposed 3.Section 71.9-exemption forfissile In addition to lhe major substantise i 71.4(h). The specific ac,.isity bmits will materio/. Proposed i 71.9(a) will require changes to Part *1 previously discussed he related to A. values rather than t that for up to 15 grams of fissle material and numerous editorial changes for the transport gr up. Articles. such as to be exempt from the requirements of purpose of clarity or conciseness. there wntammated equipment, with non f.ixed i 71.35 (standards for fissde material are several other mino; modifications. surfam cmamination have been packages), the smallest external These changes are desenhed below and includ :d withm the 1SA definition. dimension of the package shall be not are accompanied by a reference to the hiethods of concentrating the activity.in less than 10 cm. Since 15 grams of some section or paragraph of the proposed transport, such as teaching and fissile materials could physically be rule whe.2 the change appears. evaporation. must now be considered. contained in a smaller package the

1. Section 71.4-IA,[mitions. hiany Finally, the limit for tritium oxide in reeuirement is consistent with proposed definitions needed to reflect the aqueous solution. after consideration of 9 h.35 (a)(3)(iv) relating to size of proposed changes to Part 71 have been the hazards due to wetting of the skin aperture in outer surface of packaging.

added, and some existing defimtions and to possible inhalation of vapors, has Paragraphs (c) through (g) of 5 71.9 have been appropriately modified. been increased from 5 curies / liter to 10 contain several changes and additions These changes reflect the meanings of curies / liter. to the exemptions for fissile material. terms as used in the proposed revision These changes and additions to the to the regulations. The IAEA regulations define "*}mption standards for fissile material " maximum normal operating pressure" The term " containment system; inc ude. defined in proposed i 71.4(c). replaces (hiNOP) as the maximum pressure that the existing term " containment vasself would develop in one year without

a. Reduction from 7000 to 5200 of 'he The containment system may include a venting or special cooling. under minimum value of the atomic ratio of vessel as well as other components expected but unspecified ambient hydrogen to fissile material (IUX) that intended to retain the radioactive conditions for that period of time.The must be exceeded for 500 grams of any material during transport.

concept is applied in those regulations fissile radionuclide to be exempt from nly to Type B(U) packages, for which the packaging requirements of proposed A new classification of radioactive upper limits of allowable pressure and i 71.35. A concentration limit of 5 grams matenal. " tow level solid" (LLS) allowable stresses are imposed. per liter will be imposed on this radioactive material, is being added to material, These changes eliminate the the regulations. It is defmed in proposed in the regulatory changes propor-d need for the ll/X requirements presently 171.4[g) and is simdar to " low specific herein, the hiNOP concept is applica to imp sed by I 71.7(b)(4)(iii) and activity" (l.SA) material, except that the Type B(N1) packages, and the h1NOP is i71?(d)(3). I.lS concept permits a greater then assumed to be a normal condition concentration of radioactive materialin of transport at the time of the tests the contents of a pickage and a higher described in Appendices A and B. At the surface contamm stion, while imposing same time the regulations recogmzes,in greater restrictions on the dispersduht) 171.31(c). that in some cases and on the peim:ssib!c method of operational controls, as with a sole-use shipment shipment, may justify assuming a period 3 b b b' D August 17,1979

PART 71

• PROPOSED RULE MAKING

b. Application of quantity limits for bulk shipment to tFe vehicle rather than Proposed 6 71.32(e). relating to tie.

10.. A. per hour or better. The to the package. down,is a modification of the existing acceptance criteria and methods of I 71.31(d). The present spccif! ration of demonstration. which take account of

c. Extension to cranium metal of the strength corresponding to 2.10 ar.d 5 the relative toxicities of the sarious present limitations for exemption of times the weight of the package in the radionuclides are addressed in uranium compounds.

vertical. longitudinal. and lateral Regulatory Guide 7.4. "1.eakage Tests on

d. Removal of the restriction on the directior.s. respectively, has been Packages for Shipment of Radioactive total amount of fissile radio.nuclides per eliminated because for normal transport hiaterials."

package, provided the concentration the required strength depends on the The IAEA option of designing T> pe does not exceed 5 grams per 10 hters. shipping mode and is addressed in DOT B(N1) packagas for continuous venting.

e. Exemption from fissile material regulations, and for accident conditions with specified limits for escape of packaging requirements of plutomuin up the tiedown attachments are assumed to radioactive material. hs been omitted to 1 kilogram, but with imposition of fail.

from proposed Part 71. There is no certain restrictions on its isotopic Proposed i 71.32(f), dealing with apparent need for such design in the composition. reactions among package components. United States at present;if the need

f. Exemption of uranyl nitrate corresponds to the present i 71.32(a),

should arise and if the adequacy nf solutions, subject to certain restrictions but with the added requirement that the controls is demonstrated. exemptions on fissile content. consequences of any credible water might be granted on an individual basis.

4. Section 71.11-Cenera//icensefor inleakage must be taken into account.

The present requirement of i 71.32(al shipment oflicensed material. This rrquirement is included because that the strength of a package be Paragraphs 71.11(b) (d), and (e) of the p ckages sometimes contain substances analyzed as a simple beam has been proposed regulations for certain fissile that are highly reactive with water. eliminated because greater strength is Class 11 and Class 111 packages Proposed i 71.32(g), corresponding to required m, order to satisfy the impact correspond to paragraphs 620. 623. and paragraph 222 ef IAEA Safety Series No. tests of the hypothetical accident. 624 of IAEA Safety Series No. 6 and are

6. requires protection of vahes.

The following IAEA package added specifications within the scope of Although this requirement is not in the requirements have bee. omitted from a general license. present regulations. such protection is revised Part 71; several of them are

5. Section 71.23-PacAage era /uation.

needed for safety and has been provided subjects for discuss;on in existing and in ace.ordance with the basis for m pracuce, contempbted regulatory guides: estab.'shing Type B(N1) and B(U) Pr p sed l'71.32(h) sets forth general

a. Paragraphs 201-203 relating to packagu, the proposed package acceptance criteria for normal means for handling.

evaluation must include a description of c nditions of transport. This

b. Paragraphs 206-207 relating to any special controls or precautions corresponds to paragraphs 225 and external crevices or pockets and to during the shipping and handling of 231(a) of IAEA Safety Series No. 6.

decontammability. Type U(N1) packages. H wever, the proposed regulations will

c. Paragraph 208 requiring that any

6. Setion 71.JJ-Standards fora //

require design to be based on an features added at the time of transport Type BpacAages. Proposed i 71.?:(a), unattended time period of one year for shall not reduce safety. Currently in the which relates to the strength of lifting all Type B packages except when, in United States, any such features are attachments. is more general than the acc rdance with i 71.31(c) a shorter considered in the safety analysis. existing i 71.31(c). The proposed rule time is justified by operational controls.

d. Paragraph 212 requiring that will require the package to withstand During this t:me. which allows for extermfl protrusions be avoided as far abrupt hfting without developing unsafe possible delays m, shipping, pressure as practicable.

stresses. At present, packages must may c nunue t develop as a result of

e. Paragraph 213 requiring withstand three times the weight of the chemical reaction (e.g;. corrosion) and consideration of the ambient package (or lid) without exceeding yield radiolytic decomposi. tion. By way of temperature range and calling attention mparison, the IAEA reguhtionsin to the phenomenon of britt!e fracture.

C strength. This change will permit adjustment of the strength requirement paragraphs 231(a) and 242 require

f. Paragraph 214 requiring fusion joints in situations where a factor other than c nsidering for all Type B packages only to be in accordance with recognized three may be appropriate or where the the effects of heat and only for one standards.

design is intended to safely week the one year period is specified

g. Paragraph 217 permitting credit to accommodate a stress exceeding yield nly f r Type B(U) packages (by be taken for "special form" as a means strength in some component. In addition, requiring them to be designed to of containment. Special form is the proposed rule requires the package westaq " maximum normal operatmg e ivareageous because it permits a to satisfy the perf^rmance standards pressure.)

li r9r amount of radioactive material even if the lifting attachments should Paragrphs 233A and 243 of Safety per Type A package than does normal fail under excessive load, as is required Series No. 6 permit escape of form. Ilowever, the indispersible nature for tiedown devices in present and radioactive material at the rate of of special form materialin Type B proposed regulations. This new A'.no"per hour in normal transport. quantities is necessarily taken into requirement for lifting attadments takes This amount is considered to be an account in the evaluation of account of the possibility of some insigmficant hazard, and was containment. obstruction or wedging while handling ntr duced in the 1973 edition of Safety

h. Paragraph 218 requiring a separate the package during transshipment.

Series No. 6 m recognition of the fact fastening device for a containment at zer leakage is neithernecessary system that is a separate unit of the Proposed paragraphs (b). (c) and (d) of i 71.32, imposing package design au mable for some types of packaging. features, correspond respectively to shipments. The regirements of "no loss

i. Paragraph 223 requiring a separate present 49 CFR 173.393 (c) M (b) and r dispersal m normal transport is fastening device for a radiation shield 10 CFR 71.31(b).

being retamed m proposed Part 71, but that encloses a part of the containment with an acceptance test sensitivity of system. 8 H2 August 17,1979

PART 71

• PROPOSED RULE MAKING

} Paragraph 233 Ir ;uiring thermal in most cases the release rate s ould Series No. 6. Ilowes er, there is no protection (e g. insclation) to remain decrease shortly after the acc dent, and essential difference in technical effective under normal and accident the recosery of the damaged package requirements and assumptior, for canditions and under other conditions. would be expected within less than a evaluation of criticality or in controls such as cutting or sk:dding not week. liowever, a time limit is required during shipment, except that simulated in the specified tests. necessary for demonstration of the requirement for no more than 5% Effectiveness under specified nc mal compliance, and the NP" considers that reduction of volume or spacing and no and accident conditions is necessarily the one week specified in IAEA aperture greater than 10 cm in normal considereu 'n the safety analysis. The regulations is adequate for corrective transport applies to all fisade material nature of other conditions such as action. packages in the xisting and proposed cutting or skidding would require further Because of its relatively innocuous Part 71, but only to Fissle Class 11 definition before inclusion in Part 71. nature and rapid dispersion in air, packages in IAEA Safety Series No. e. Retention in Part 71 of these

7. Section 71.JJ-Additional special consideration was given to Kr-requirements for 7')pe BfM) packages.

85, and its limit was increased from requirements for all fissile maten,al Proposed i 71.33(a)(2) specifies the 1.000 to 10.000 curies. On the other hand, packages is considered justified by the allowable radiation level after the the allowable release of many present added margin of safety for package hypothetical accident as 1000 mrem / Croup i radionuclides will be reduced integrity. hour at 1 meter rather than at 3 ft from because the present limit of o.01 curie

10. Section 71.54-Rountine the package surface. This change will exceeds the A value.This is illustrated determinations. Proposed i 71.54(b) not significantly affect package design by the values for "Pu in the table.

corresponds to the present 49 CFR 8 or performance. 8.Section 71.34.4dditional 173.393(j) and to paragraphs 534 and 537 Thc requirements of paragraph 244 of requirenwnts for Type B/UlpacAages. ofIAEA Safety Series No. 6. A change IAEA Safety Series No. 6 that limit Only a few of the requirements for Type from the present regulations is that the allowable maximum radiation level for a stress in the containment system to the B(U) packages have counterparts in the yield strength under normal and present regulations. These are identified package transported as a fullload in a accident test conditions have not been in the cross.index. closed vehicle wdl be 1000 mrem /h on the surface of the package, rather than included in proposed Part 71 because, as Anal sis takin8 nto account the at 3 ft from the surface as presently i Y specified in the American Society of atmosphen,c dispersal and possible measured. In practice, only small Mechanical Engineers Boiler and inhalation has shown that any serious packages are affected since the Pressure Vessel Code, acceptable radiologicalinjury due to release of an controlling radiation level for large stresses may be higher or lower am um As fr m a package is quite packages remains the allowable depending on details of design. In unlikely. The proposed alicwable radiation level at the edge of the vehicle particular, stresses above yield strength release of this amount from a Type B(M) or at 2 m from the vehicle. The change are acceptable at points of stress package under hypothetical accident reduces allowable surface.adiation concentration vhere local deformation c nditions is thus considered levels and thus for small packages provides stress relief. This subject is adequately safe. As an added factor of increases the margin of safety in treated ir Regulatory Guide 7.6," Stress safety f r Type B(U) packages, which handling. Allowables for the Design of Shipping are intended to be universally Cask Containment Vessels., acceptable without review by countries Proposed i 71.54(c), specifying The proposed allowable escape of other than the country of origin, the allowable surface temperatures, radioactive material from Type B(M) specified maximum release under corresponds to the present 49 CFR packages under accident conditions is hypothetical accident conditions is 173.39'3(e)(2) and to paragraphs 231(b) not greatly different from existing limits smaller than the Type B(M) limit by a and 240 of IAEA Safety Series No. 6. except to the extent A values differ factor of 1000. This factor takes into Present NRC and DOT regulations, from present transport group values. account the possible differences in however, do not specify the ambient air Present regulations restrict the loss to methods of evaluation in different temperature. In accordance with IAEA gases or contaminated coolant. This countries and the freedom from any regulations, ambient air temperature restriction is deleted in the proposed restrictions on handling or shipment. will be assumed to be 38* C (100* F). revised regulations because the concept of an identifiable coolant is no longer Proposed i 71.34 If) and (g), imposing The IAEA regulations, however. nternal pressure limita tions, correspond impose only on Type B(U) packages the included in the regulations. The to paragraphs 237 and 238 of Safety limit of 82* C (180* F) for the temperature following tabulation shows the changu Series No. 6 but use the term " stress i readily accessible surfaces with full m the allowable release for some intensity" rather than simply " stress," I ad shipment: Part 71 willimpose this radionuclides of particular concern in and state which stresses to consider. limit on both Type B(U) and Type BIM) the shipment of irradiated fuel. The This change should help to clarify this p ckages. proposed revised regulations specify that the allowatile release must not be requirement. Although these Proposed i 71.54(d). limiting evernal exceeded in a period of one week. requirements, in amplified form, might radioactive contamination. corresponds seem more appropriate for a regulatory to present 49 CFR 173.397. Apoweth R6 eau in Hy thetical Accident guide, they are included in proposed

11. Section 71 tiJ-Records. Proposed Part 71 because of the need for g 71 fcla) defir.es the records that must om,w i r,coews consistency with IAEA regulations.

be kept for s} pment of fissile material particularly for T pe B(U) packages. and Tspe B quantities of radioactive 3 R Sectwn 71.35---Standards forfissle material c, ,a n materialpackages. The edstorial

12. Appendn A- -Xonnalconditions m

so ,o 00' 000 arrangement of proposed i 71.35, which of transport. Prooosed Appendix A ?[*- contains the revised requirements for fissle material packaging. differs c= c n oe comm. e significantly from that of IAEA Safety ,77 n d .) ) J 7128 August 17,1979

PART 71

• PROPOSED RULE MAKING desenbes environmental conditions be omitted because they are more the A, and A values for any considered to represent normal suitable for a regulatory guide. 'Ihe radioisotope. A new entry has been transport. Paragraph 232 of IAEA Safety specifications for the compression test included for the radionuclide leadcol a Series No. 6 Specifies 38' C (100' F) as in proposed paragraph (d), w hich medical isotope,in response to a ambient temperature. However the contemplates packages being, tacked, petition currently pending before NRC.

matter of diurnal variation is not have been converted to the metric

15. Appendiv D--Requirements for addressed.There are only a few spots in system by applying the test to package.

specia/ form radmacrim materm/. The the United States (e g. Death Valley) up to 5000 kg rether than 10,0001b and quahfication tests for special-form where a few days in the year the dady by adoptmg the IAEA load salue of 1300 radioactive materialin proposed average temperature exceeds 3a' C. and kg/m'(1.85 lb/in') rather than the Appendix D have been modified, then it exceeds that temperature by only presions 21b/in'. The IAEA regulations primarily by addmg a bending test, a small amount. Ilowever, to asoid the do not specify an upper limit for weight. providing more detaded instructions for neci for more complex analysis to lloweser. such stacking is not the immersien or leaching procedure, consider diurnal variation. and because contemplated for packages such as and changmg the maximum loss by of other considerations whir h may spent fuel casks. and thus the test will leaching to 0.05 microcurie in each of increase ambient temperature above not be applied to packages greater than two determinations rather than the that of outside, air (e g. closed vehicles. 5000 kg. present 0 005% for a single assembly of multiple heat produurg

13. af,pondit B-//ypot/.ctico/

determination. l.ong. slender objects are packages. insulating effects of other accident co,s/aions. As in Appendix A more likely to suf fer bendmg under rargo). the present a.mhient temperature for norm.d transport conditions the rough handling or accident conditions of W C (00' F) has been retained-ambient temperature and internal than are short or spherical objects: The present Part 71 does not specify pressmo ere spreified for the par.k"F" hence a mmimum length of to cm and a ambient temperature or internal entorieg the test cequence. Paragraph mirumum length to-width ratio of to pressure prer cdmg the normal tomsport (c), describing the thermal tee. will b" have been selected for application of the and accident tests. The IAEA revised for clarity and will requir" bending test. 'l he proposed leaching test regulations specif> an amb:ent consideration ef conver tive heat input speedied by the lARA regulations hhs temperature of an' C (100' F) but do not w non sigmfivnt. When the main body been selected as suitable and should specify a time period during whir h of a package is surrounded by and yield uniform results. An absolute pressure could develop. Proposed Part directly exposed to fire. the convectise amount leached is better related to the 71 wdl require selecting the most heat input is small compared to radiant hazard than is a fixed percentage. unfavorable ambient temperature heat input. Ilowever. some packages are Although 0.05 microcurie is much between -2T C (-20' F) and W L, protected partially or wholly by a (uxr F). and ir.ternal pressure equal to radiation shield through which air and smaller than any of the A, quantities, in this case it is specified as a measure of the MNOP adjusted fur ambient combustion gases may circulate. In such temperature. Although the high cases, convective heat input may be the indispersibility and is equivalent to temperature is unfavorah!c with respect significant and must be included since the maximum permissible non fixed to the effects of fire, a low temperature the test is intended to simulate reahstic surface contamination on an area of 50 cm 2of a package surface. is unfavorable with respect to possible fire conditions with respect to expected brittle fracture and perhaps other total heat input. Existing regulations require that effects. Thus some intermedute A requirement will be added that ,,special fom rascactive material', have temperature may be most unfavorah!" artificial cooling shall not be apphed either (1) no dimension less than 0.5 mm for a prescribed sequence of tests. and that any combustion of materials of r (2) at least one dimension greater The present i 71.32(b) and Part 71 construction shall be allowed to proceed than 5 mm. It is now proposed that Appendix A. paragraph 3. require the until natural termination. The IAEA special form radioactive material must package to withstand ambient pressures regu ations permit artificial cooling after have at least one dimension not less l of 25 psig and 0.5 atmosphere. 3 hxrs. Ilowever,3 hours may be than 5 mm. The first option has been respectively. The requirement to inadequate far control of fire even in removed because of the posible withstand an ambient pressure of 25 populated areas. Also, unrecognized difficulty of identifying, fer safe psig without damage is not contained in smoldering may continue for a much handling. an object as small as 0.5 mm the IAFA regulations, although there is longer time. n every dimension. an accident test of immersion in 15 m of Proposed paragraph (e) adds an

16. Afiscellaneous. Several changes water, which results in a pressure of accident test condition ofimmersion in and additions that experience indicates about 21 psig. The resistance to external 15 m of water, sirre some harbors have will be useful are proposed in the pressure is considered desirable as a such depth and a packase might be requirements for exemption of fissile way of providing ruggedness for dropped overboard during handling.

material from the provisions of Part 71 unspecified rough handhng conditions immersion to a greater depth within the and in the specifications for packages of and is in most cases easily satisfied. The United States could occur in one of the fissile material that are generally low ambient pressure in the proposed Great Lakes, but such occurrence is very licensed. Criticality studies showed that Appendix A. as in IAEA Safety Series improbable. these proposed modifications satisfy the No. O, is about 0.25 atn.osphere rather i t. Appendix C-Determination of A, requirements for avoidance of criticahty. than the presently specified n 3 and A,. A few of the radioisotopes hsted The IAEA regulations also include some atmosphere. 'Ihis change reemnites the in Appendix C of the present Part 71 examples of specific packages that the possibihty of transporting pat Lag. s in have been omitted from the table of A, IAEA considers to satisfy criticality unpressurized comp.utmeets of ain raft and A. values in proposed Part 71, requirements but nevertheless to require at altitudes of 10 km or about 33.000 ft. barre these radioisotopes have approval by the competent authonty Although proposed Part 71 requires a seldom if ever been shipped in recent before use. These examples are not water spray test, details of this test as years. liowever the proposed Appendix included in the proposed revision of 10 given in IAEA Safety Series No. 6 wdl C prmides proadures for determining CFR Part 71. i ') 77A 7129 0 .),) 4 August 17,1979

PART 71

• PROPOSED RULE MAKING The metric system. as represented by sec.

Subpart A-General Provisions the Internatmnal Sptem of Units (Sll. 71.3 Requirements forlicense. has been incorporeed in the proposed 71 4 Definitions. t 71.s Purpose. regulation. Rourded off values of 71.5 Transportation oflicensed material N Tb W mMar W equivalents for the Fnghsh system are Exernptions Requirements for packaging, preparation given in parentheses. except in a few 71 6 specific exernptions. for shipment, and transportation of cases where the conversion seems 71 7 Exemption of ph> sicians. licensed material; and (2) procedures unnecessary or inappropriate. 7 e Exemption for low level materials. and standards for approval by the The Commission has determined that 71.9 Exemption for fissile material. Nuclear Regulatory Commission of neither the Council of Environmental packaging and shipping procedures for Quality guidelires. 40 CFR Part 1500, nor "I "." * " fissile material (uranium-233. uranium-the NRC regulations in 10 CFR Part 51, 71 11 General license for shipment of fissde 235, plutonium-238, plutonium-239, or " Licensing and Regulatory Policy and '"8'"I'l plutonium.241) and for quantities of Procedures for Fnvironmental Quality.. 71.12 General bcense for shipment m other licensed materialin excess of type require the NRC to prepare an 8pproged packages. 71'" C**""i''" A quantities, as defined m $ 71.4(s). environmental impact statement for the 7* (b) The packaging and transport of proposed resision of 10 CFR Part 71. 71.15 Addmaal mqsernents. these materials are also subject to other Concurrently with the publication of this parts of this chapter and to the notice of proposed rule making the Subpart B-Applicatiort For Package regulations of other agencies having Commission is making available in its App oval jurisdiction over means of transport. The Pablic Document Room at 171711 Street. 71.21 Contents of application. requirements of this part are in addition NW., Washington. D.C., an 71.22 Package description. to. and not in substitution for, other "EnvironmentalImpact Assessment of 71.23 Package evaluation-requirements. Changes to Radioactive Afaterial 71.24 Quality assurance. Transport Regulations." to support the 71.25 Additional information. } 71.2 Scope. negative dedaration required by to CFR Subpart C-Package Standards The regulations in this part arply to Part 51, any licensee authorized by spccific N sta$"Iskr"$(fp" "Iages. license issued by the Commission to The Commission has determined that p no significant changes are being made in the reporting requirements of to CFR Additional requirements for Type mehe, ponest use, or tra.Wn 717 BlMI packages. licensed materials. if the hcensee Part 71, so no GAO clearance is 71.34 Additional requirements for Type B(U) delivers such materials to a carrier for required. aackages. transport or transports such material Interested persons are invited to 7135 Standards for fiside material outside the confines of his facility, plant submit written comments and packages. or other authorized place of use. No suggestions on the proposal and/or the 71.36 Special requirements for plutonism provision of this part shall be construed supporting value/ impact analysis to the shipments. to autho.ize possession of hcensed Secretary of the Commission. U.S. 71.37 Previously constructed packages. material. Nuclear Regulatory Commission. Subpart D-Operating Controls and i 71.3 Requirement for license. Washington. D C. 20555. Attention: Procedures Docketmg and Service I3 ranch. Copies of No licensee subject to the regulations 71.51 Establishment and maintenance of a the value/ impact analys.is supportm.g the rule are available for public quality assurance program' in this part shall (a) deliver any licensed 71.52 Assumptions as to unknown insnection at the Commission's Pubhc transport licensed material except as properties. Doument Room at 171711 Street. N.W., 71.53 Preliminary determinations. authorized in a general license or a Washington D.C. Single copies of the 71.54 Routine detern inationr specific license issued by the value/ impact analysis may be cbtained 71.55 Opening instructions. Commission, or as exempted.: this part. on request from: Afr. Donald R. Ilopkins, 71.01 Reports. Office of Standards Development. U.S. 71.62 Records. 9 71.4 Definitions. Nuclear Regulatory Commission. 7to3 Inspection and terts. As used in this part: Washington, D.C. 20555. Telephone: 301-71.64 %olations. (a)"Ai or As" rneans the maximum 443-5946. Appendixes activity of special forrn or normal form Pursuant to the Atomic Energy Act of radioactive material, respectively' Appendix A-Normal conditions of transport. 1954, as amended t: e Energy Appendix B-flypothetical accident permitted in Type A package. These Reorganization Act of1974, as amended, conditions values are listed in Appendix C. Table and section 553 of title 5 of the United Appendix C betermination of A. and Ar I" " E "" States Code, notice is her-by given that Appendix D-Requirements for special form in Appendix C may be used to derive A i adoption of the following revision to 10 material. and As values for m, dividual CFR Part 71 in its entirety is Appendix E-Quality assurance radionuclides and for mixtures. contemplated. requirements. (b) "Close reflection by water" means Authority: The provisions of this Part 71 immediate ccatact by water of sufficient PART 71-PACKAGING AND issued under secs. 53,63.81.161.182.183.68 thickness for maximum reflection of TRANSPORTATION OF RADIOACTIVE Sta t. 930. 933. 935. 948. 953. 954.as amended, neutrons. MATERlAL 42 U.S C. 2073. 2093. 21:1. 2001. 2232. 2233. (cj " Containment system" meaas the unless thermse noted. For the purposes of components of the packaging intended Subpart A-General Provisions sec. 223,68 Stat. 958, as amended. 42 U S C. to retain the radioactive material during Sec. 2273. sections 71.61-71.63 issued under sec. transport. 71.1 Purpc3e. 1610,68 Stat. 950, as amended. 42 US f.. (d) "Fibsile classification" means 71 2 Scope. 2201101. Secs. 202. 206, Pub. L 93-438. 33 Stat. 1244.1246; 42 U.S C. 5842,5846. classification of a package or shipment td .i D" m 71-3 0 Au9est 17,1979

PART 71

• PROPOSED RULE MAKING contaminatmn averaged over 1 m'(or of fissde materials accordmg to the (n) The activity is, and remains, the area of the surface if it is less than $

controls needed to provide r.utlear insoluble so that, even under loss of m') does not exceed 1 pdi/cm' of which onticahty safety during transportation packaging, the loss of radioactive no more than 0.1 Ci/cm'may be alpha as foHows: material per package resulting from th" emitters other than natural or depleted (1) Fissi/c Class I: Packages which ei ects of wmd. ram, etc., and from total uranium or natual thorium. ~ may be transported in unhmited immersmn in water is bmited to less (0 "Ntas mum normal operatmg numbers and in any arrangement. and than 0.1 As m a period of one week; and which require no nucinar criticahty (ii ) The estimated actiuty aseraged premre means the maximum gauge safety controls during transportation. A throughout the material does not eu eed pressure that would c'evelop in the transport mdex is not assigned for 2 x to ' A./g containment system m a period of one purposes of nuticar cnticality safety but (2) Objects of non-radioactive year unoer the normal condition of may be required because of external material contaminated with radioactne transport specified in paragraph (1) of radiation levels. material. provided that the rW.oactive pendn A. in the absence of venting. (2) Fissile Class //c Package s which contamination is in a non-readdy external c oling by an antigary system, may be transported together m any dmpersible form and the lesel of or operatnanal controls during transport. arrangement ht.t. for cnticality control, contamination averaged mer 1 m (or (j) " Normal form radioactive matenal 8 in numbers which do not eveed an the area of the surface if it is less than 1 means radioactive material which has aggregate transport index of 50. Such m') does not exceed 20 pCi/cm' of not been demonstrated to satisfy the shipments require no other nuclear which no more than 2 pCi/cm' may be regiarements for "special form cnticality safety control by the shipper alpha emitters other than natural or radioactive material. durmg transportation. Individual depleted uranium or natural thorium. (k) " Optimum interspersed packages may have a transport index (h) "1.ow specific actisity material hydrogenous moderation" means the not less,than 01 and not more than 10. (g,sa)- ameans any of the fodowing: presence of hydrogenous materiai (3) Fu.si/c C/vss ///; Shipments of (1) Uranium or tiiorium ores and between components of the packaging to packages which do not meet the physical or chemical concentrates of such an extent that the maximum requuements of Iissile Classes I or 11 those ores. nuclear reactivity results. and which are controHed in (2; Natural or depleted uranium or (1) " Package ' means the packaging transportation by special arrangements natural thorium. together with its radioactive contents as between the shipper and the carrier to (3) Tritium oxide m aqueous solutions. presented for transport. proude nuclear enticality safety. provided the concentration does not (n piissile material packt ge" means a (el "Fissde material" and " fissile exceed to Ci/hter. fissile material packaging together with radionuchdes" "P sile matenal" means (4) Materials in which the activity, in finile contents. any materbd consistmg of or containmg under normal transoort conthfions. is, one or omre of the fissde radmnuclides. and r, mains, uniformly distnbuted and g.. Type A package" means a Type A packagmg together with its radioactive wluch shall l-iken as uranium-233. in which the as erage estimated specific contents. uramum-235.,.utonium.238 plutonium-activity does not exceed 10' A,/g. 23% and plutomum 241. Unirradiated (5) Materials in which the activity is (3).. Type B pakage.. means a Type B P"Eddi"H ogether with its radioactive natural and depleted uranium are not uniformly distributed and which. if t considered to be fissile materials. reduced to the minimum volume under f.ontents.1.he two classifications of (f)" Full load" (also referred to as comhtions hkely to be encountered in 1ype pa age are as foHows: " sole use' and " exclusive use"in IAEA transport. such as dissolution in water (i) " Type B(M) package." which may and DUT regulaticas) means any with subsequent recrystallization, be subject to special conditions of shipment: precipitation ev.poration. combustion. shipment or storage: or (t) From a smgle consignor haung the abrasion. rec., would have an aserage (ii) " Type IMU) package" which has exchisn e use of a transport s chitle or of estimated specific activity of no more the special design and performance an mrtraf t. or of a hold or < ompart.nent than 10' A,/g. features described in i 71.34 and which of an inland w atertraft. or of a hold. m) Objects of non-radioactive requires no special conditions of compartmer.t. or defmed deck area of a matenal contammated with radioat:ise shipment or storage. seagomg s essel and matenal. prouded the non fixed surface (m) " Packaging" means the assembly (2) i'or w hu h all imtial. mtermed. ate contanunatior. does not exceed ten of components necessary to ensure anJ fir loading and unloadinx is times the s alues givea in i 7L54[b}. comphance with the packaging carrit, at by or under the supemsion Talde VI. and the contaminated object requirements of this part. it may. in of the consignor, conswnee, or the or the contanunation on the obp Lt. if particular, consist of one or more designated agent of enher party. reduced to the miminum volume under receptacles, absorbent materials. (g) " low-lesel sohd radioatta e conditions hkely to be encountered m sp.1cing structures, thermal insulation, material (1.1.S)"' means any of Ihe transport, such as dissolution m water radiation shieldmg. and devices for I"U" W "* with subsequent recrystalhzation, cooling or for absorbing mechanical (t) Sohds (e g. consohdated wastes-activated materials)in which precipitation. evaporation, combustion, shocks. The vehicle tie-down system, abrasion. etc., would have an average and auxiliary equipment may form an (i) Ihe actiuty under normal transport conthrions is. and remains. distributed estimated specific activity of no more integral part of the packaging. throughout a solid or a collection of than 10' A,/g. (n)" Radioactive material" means any (7) Objects of non. radioactive material, or combination of materials, sohd objects or is, and remains. material contaminated with radioactive having a specific activity greater than umformly distributed in a solid compawt bmding agent (such as concrete, material, provided that the radioactive 0 002 microcuries per gram ( Ci/g). bitumen, cera mic): contatnination is in a non-readdy (o; "Special form radioactive thspersible form and the level of material" means radioactive material which meets the requirements of % kagma requirements for f l5 are set furth in 'Packagmg reqmrements for LSA are set thrth tir N Cf R Pert ir 49 CFR Part 127. b 71-31 August 17,1979

PART 71

• PROPOSED RULE M AKING (p)" Specific activity" of a complies with the applicable requiremants of this part other than radianuclide means the activity of the requirements of the regulations of the i 71.5 for the following shipments:

radionuclides per unit mass of that Department of Transportation in 49 CFR (a) Shipments of licensed material nuclide.The specific activity of a Parts 127 and 170-189, and the U.S. having a specific activity not greater materialin which the radionuGides are Postal Service in 39 CFR Parts 14 and 15. than 0.002 microcurie / gram: and essentially uniformly distributed is the and in addition complies with the (b) Packages or shipments of low activity per unit mass of the material. requirements of this Part, insofar as specific activity or low level solid (q)" Stress intensity" means twice the such regulations relate to the packaging radioactive material as defined in i 71.4. maximum shear stress andis equal to of byproduct, source, or special nuclear provided the fissile material exemption tne largest algebraic difference between material, marking and labeling of the standards of 171.9 are satisfied; and any two of the three principal stresses at packages, loading and storage of (c) Packages each of which contains a point. packages, placarding of the no more than a Type A quantity of (r)" Transport index" means the transport. ion vehicle, monitonng radioactive material as defined in i 71.4, dimensionless number (rounded up to requirements and accident reporting. provided the fissile material exemption the first decimal place) placed on the (b) When Department of standards of i 71.9 are satisfied. label of a package to designate the Transportation regulations are not degree of control to be exercised by the applicable to shipments of licensed { 71.9 Exemption for fissile material. carrier during transportation, and material by rail, highway, or water A licensee is exempt from the determined as follows: because the shipment or the requirements of i 71.35 to the extent that (1) The number expressing the transportation of the shipment is not in he transports or delivers to a carrier for maximum radiation level in millitem per interstate or foreign commerce, or to transport; ~ hour at 1 meter from the external shipments of licensed material by air (a) Packages containing individually surface of the package: or because the shipment is not transported not more than 15 grams of fissile (2) For Fissile Class 11 packages, the in civil aircraft, the licensee shall radionuclides. When material is nuinber expressing the maximum conform to the standards and transported in bulk, the quantity radiation level in millirem per hour at 1 requirements of the Department of limitations apply to the vehicle, inland meter from the external surface c' the Transportation, specified in paragraph waterway craft or part of a seagoing package, or the number obtained by (a) of this section, to the same extent as vesset or dividing 50 by the number of such if the shipment or transportation were in (b) Packages containing homogeneous packages which may be transported mterstate or foreign commerce or in civil hydrogenous solutions or mixtures together per shipment as determmed aircraft. Any requests for modifications, satisfying the conditions listed in Table I under i 71.35(c). whichever number is waivers, or exemptions from those of Gis paa When materialis

larger, requirements, and any notif cations (s)" Type A quantity" means a referred to in those requirements shall tyansported in bulk, the quantity quantity of radioactive material, the be filed with or made to the Nucitar lmutabons apply to the vehiclc, m, !and w te p t f a seagoing aggregate radioactivity of which does Regulatory Commission.

,el of not exceed Ai for special form (c) Paragraph (a) of this section shall radioactive material or As for normal not apply to the transportation of _y form radioactive material, where Ai and licensed material or to the delivery of suures, wrure, ra nste, nom i n n m A, are given in Appendix C to this part licensed material to a carrier for AccoMuce wah I itsrc/ or may be determined by procedures transport, where such transportation is described therein. subject to the regulations of the .-- - - - ur-ns w e.r (t)" Type U quantity" means a Department of Transportation or the quantity of radioactive material greater U.S. Postal Service. ,.f% than a Type A quantity. ono + g (u) " Uranium-natural, depleted, Exemptions out,m ( 71.6 Specific exemptions. u,r.,ES. ~~E'E enriched" 5 (1) " Natural uranium,, means uram.um va.,o,, conc,,,,,,on a nm, with the naturally occurring distribution On application of any interested ,,,,0,momo ,on, of uranium isotopes (approximately person or on its ow'n initiative. the gg s s 99.28% uranium-238. 0.72% uranium 235). Commission may grant such exemptions m,m,n g,, (2) " Depleted uranium" means fr m the requirements of the regulations uranium containing less than 0.72% in this part as it determines are uraniu m-235. authorized by law and will not endanger

w. mx. me rano e me niceer a nyorogen atorns m life r property or the common defense (a*'** dj g ',** g g, _

(3) " Enriched uranium" means uranium containing more than 0.72% and security. n, m. mm s .n.,n.ns uranium-235, with the remainder being { 7 t.7 Exemption of physicians. (c) Packages containing uranium ura nium-238. Physicians, as defined in i 35.3(b) of enriched in uranium-235 to a maximum I 71.5 Transportation of licensed material. this chapter, are exempt from i 71.5 with of 1% by weight, and with a total respect to the transport of licensed plutonium and uranium-233 content of (a) No licensee shall transport any material for use in the practice of up to 1% of the mass of uranium-235, licensed material outside of the confines medicine. provided that the fissile radionuclides of his plant or other place of use, or are distributed homogeneously deliver any licensed material to a carrier g 71.8 Exemption for low level materials, throughout the material. In addition, if for transport, unless the licensee A licensee is exempt from all the uranium-235 is present in metallic or O sW 7132 August 17,1979

PART 71

• PROPOSED RULE MAKING oxide form,it shall not form a lattice except that for a package in which the (2) The fissile radionuclide content of arrangement within the package; or only fissible materialis an encapsulated the shipment shall not exceed:

(d) Packages containing any fissile plutonium-beryllium source, the (i) 500 grams of uranium-235: or material, provided they do not contain transport index based on criticality ( i) 300 grams total of uranium-213. more than 5 grams of fissile considerations may be taken as 0.026 plutonium-218. plutonium-239 and ri.dionuclides in any 10-liter volume, and times the number of grams of plutonium plutonium-241: or provided the material is in packages in excess of 15 grams. In all cases the 3g ,g which will maintain the limitations of transport index shall be rounded up t lissde radionuclide distribution during one decimal place, and shall not exceed uranium-235, and plutonium such that g g7 g g7 nor mal transport; or 10.0; or (e) Packages containing individually (b) The materialis shipped as Fissile each radionuclide to the quamtv not more than one kilogram of Class 11 packages with the following specified in paragraphs (2)(i) and (2)(ii) limitations: of this paragraph exceeds unity; or plutonium, of which not more than 20% by mass may consist of plutonium-239, (1) Each package shall contain no plutonium-239, and plutonium-241 plutenium-241, or any combination of more than a Type A quantity of encapsulated as plutonium-beryllium those radionuchdes; or radicactive material as defined in i 71.4; neutron sources; and (f) Packages containing liquid and (3) Shipment of these packages shall solutions of uranyl nitrate enriched in (2) Beryllium and hydrogenous be made only under procedures uranium-235 to a maximum of 2% by material enriched in deuterium shall not specifically authorized by the weight, and with total plutonium and be present; and Department of Transportation pursuant uran um-233 not more than 0.1% of the (3) The total mass of graphite present to 49 CFR 127.507 of its regulations, so mass of uranium-235. shall not exceed 150 times the total mass as to prevent loading, transport or f uranium-235 plus plutonium; and storm of these packages with othe.- General Licenses (4) Substances having a higher fise le Class 11 or Fissile Class til 9 71,11 General Hcense for shipment of I;ydrogen density than water, e.g. some ps.ckages-nssue material. hydrocarbon oils, shall not be present, (d) The material is shipped as Fissile A general license is hereby issued, to except that polyethylene may be used persons holding specific licenses issued for packing or wrapping; and Class 111 packages under the following conditions: pursuant to this chapter, to deliver (5) Uranium-233 shall not be present, fissile material to a carrier for transport, and the amount of plutonium shall not (1) Each package shall contain no without complying with the package exceed 1% of the amount of uranium-235; m te than a Type A quantity of standards of Subpart C of this part, and radioactive material. as defmed in i 71.4(s); and provufed that: [6]The amount of uranium-235 shall (a) The materialis shipped as Fissile be limited as follows: (2) The packages are currently ppr ved as Fissde Class 11 packages Class 11 packages with the following (i)If the f.issile radionuclides are not and the number of packages in any one limitations: uniformly distributed, the maximum consignment does not exceed twice the (1) Each package shall contain no amount of uranium-235 per package number which may be transported more than a Type A quantity of shall not exceed the value given in together as s;)ecifikd m the Fissile Diass radioactive material, as defined m, Table 11 of this part; or 11 approval; and i 714: and (ii)If the fissile radionuclides are (2) No package contains more than: distributed unifermly and cannot form a y*y'"Ql(*QQj'j*,3 li) 40 grams of uranium-235: or lattice arrangement within the pooymom a,, ,,y (ii) 30 grams of uranium-233; or packaging, the maximum amount of (iii) 25 grams of plutonium, except that uranium-23E per package shall not ur.n.e..nnc.,,n ne,, n,nn,,m%.,,, for encapsulated plutonium-beryllium hxceed the value given in Table 111 of gt agayas

p neutron sources the maximum amount of na..c oine plutonium may be 400 grams or A (7) The transport index of each i

package based on criticality a 42 (curies) whichever is the smaller mass: considerations shall be taken as 10 4s times the number of grams of uranium-(iv) A combination of uranium-235, 235 in the package divided by the $s s uranium-233 and plutonium in whicn the maximum allowable number of grams 9 si sum of the ratios of the amount of each per package in accordance with Table 11 as ss radionuclide to the corresponding or Table !!! of this section as applicable E 7s mnimum amounts in paragraphs (i), (ii) or 7 so and (iii) does not e -ed unity; and (c) The material is shipped as Fissile as s2 (3) Each package containing more Class 111 packages with the following {s ,j* than 15 grams of fissile radionuclides is limitations: s 72 labeled with a transport index (T.I.) not (1) Each single package shall contain [ less than the number given by the no more than a Type A quantity of as se .ollowing equation, where the package radioactive material, as defined in 3 contains x grams of uranium-235, y i 71.4 nor more than 400 grams total of (" grams of uranium-233 and z grams of plutonium-238. plutonium-239, end ts m plutonium: plutonium 241 encapsulated as ' 3s 3M Mesm m T t = (0 40s 0 67, 4 nn- ) plutonium-beryllium neutron sources, ] u =+v-> and ) 71-33 August 17,1979

PART 71

• PROPOSED RULE MAKING radioaClive material, as defined in (a) In a specification contniner for Tabte m.-PermssWe Mass of Ursneum-M5 per Assse Class /IPwge Apptaceo/e to I h t1/DM/(*1 171.4(s); and fissile material as specified m 49 CFR (un,rorm astreuren>

(2) The packaging shall not 127.117. or for a Type Il quantity of ~ incorporate lead shielding exceeding radioactive material as specified in 49 8 u.~,m memar* a PEm.Etp. mmnum WaA Scm in thickness, nor tungsten nor CFR 127.115 of the regulations of the W p.n.e % ns 7,*C.'f uranium shielding; and Depar tment of Transportation. 49 CFR na.m+ (3)Ileryllium and hydrogenous part 127; or rnaterial enriched in deuterium shall not (b) In a package for which a license. be present; and certificate of compliance or other f (4) The total mass of graphite present approval has been issued by the Office 25 '48 must not exceed 150 times the total of Nuclear Material Safety and 8% mass of uranium-235 and plutonium; and Safeguards of the Commission. provided 3 3 i 3s 800 (5) Substances having a higher that: hydrogen density than water, e.g. some (1) The person usmg a package N" Table W.-Pernssobre Afass of Urarnum.N5 per except that polyethylene may be used by this paragraph: Fistve Class /// Consynment A;r/ able to C i n. r r/ewm> (vonun,rprm ostnourens for packing or wrapping; and (i)lias a copy of the specific license. (6) For fissile contents containing no certificate of compl{ance, or other -~ m m4.e...m.ai.in.' uranium-233 and less than 1% total approval of the package and all ore,um com.,ni.a , g g.y23s plutonium: documents referred to in the license, (i)If the fissde radionuclides are not certificate, or other approval, as ,s.<, or uniformly distributed. the maximum applicable; N W amount of uranium-233 per consignment (ii) Complies with the terms and shall not exceed the value given in conditions of the hcense, cer'ificate, or Table IV of this part; or other approval, as applicable, and the io 'ao p 74 tii)If the fissde radionuclides are applicable requirements of this part; and distributed uniformly and cannot form a (iii) Prior to the licensee's first use of n3 s3o e N lattice arrangement within the the package submits in writing to the Z packaging. the maximum amount of Director of the Commission's Office of uranium-235 per consignment shall not Nuclear Material Safety and Safeguards, ss noy exceed the value gisen in Table V of this his name and license number, the name s m part; and and license or certificate number of the 4s m (7) For fissile contents containing person to whom the package approval 's '7 uranium-233 or more than 1% plutonium, has been issued, and the package 3 the total mass of fissile material per identification number specified iri the 3 i2so 2s consignment shaillm such that the sum package approval. is 3a of the number of grams of uranium-235 (2) The package approval authorizes ,' 3s divided by 400. the number of grams of use of the package under generallicense e plutonium divided by 225. and the provided in this paragraph. ou ,smo .. _.. _ _ _.- number of grams of uranium-233 divided (c) In a package which meets the by 250, does not exceed unityf. and pertineat requirements in the 1973 Tabte V Permss+/e 4rass c/ Maneum-a5 por (8) The transport shall be direct to the regulations of the International Atomic Assce clus 1/I Consynment Acclecable to l 711 tre!(s)/=1(Unrfum Dstr.buten) consignee evithout any intermediate Energy Agency and the use of which has transit storage. been approved in a foreign national Permas.tde masimum gram. (9) Shipment of these packages shall competent authority certificate which u,.a.um.nrement m m lot.r.,m 23s r U'a".".o*rfy, be made only under procedures has been revalidated by the Department no.. w.nr specifically authorized by the of Transportation, but only for import or Department of Transportation pursuant export of radioactive material and only gg to 49 CFR 127.507 of its regulations, so provided that the person using a 4 as to prevent loading. transport or package pursuant to the general license 3 imo storage of these packages with other provided by this paragraph: is isoo 2 3m Fissile Class 11 or Fissile Class III (1) Has and complies with the ' 35 'm packages. applicable certificate, the revalidation, and the documents referenced in the f 71.12 Generallicense for shipment in (31 Shipment of these packages sha!! approved packages. certificate; and be made only under procedures A general license is hereby issued, to (2) Coiaplies with the applicable specifically authorized by the persons holding a general or specific requirements of Subpart D of this part. Department of Transportation pursuant I cense issued pursuant to this chapter, and with the Department of to 49 CFR 127.507 ofits regulations, so to transport or to deliver to a carrier for Transportation regulations in 49 CFR as to prevent loading. transport or transport licensed material as follows. Parts 127,175, and 176. storage of these packages with oth% provided the licensee has a quality 9 71.13 Communications' Fissde Class !! or Fis*ile Clau III assurance program approved by the packages;or Commission as satisfying the provisions C * * ""Y" ' ""'" 8 te)1he material is shipped as Fissile of 171.51* regulations in this part should be addressed m 6e Director. Office of Class 111 packages with the following limitatmns: Nuclear Ma ; rial Safety and Safeguards. (1) Each package shall contain no Nuclear Regulatory Commission,

• grams uranium-m -- 400 g ams + arams Washington. D C. 20555, or may be more ther. a.fype A quar,,its, o7 ponmm -22s gram. + grams uramum n -:so grams < 1 339 7134 August 17,1979

PART 71 e PROPOSED RULE MAKING dein cred in person at the Commis<aon ($) Structural and mechanic.d means approval should be granted, denied. off ces at m711 Street, NW., for the transfer and dissipation of heat. modified. suspended. or revoked. Washington, D C.. or its offices at 79t5 and Subpart C.-Package Standards Eastern Asenue Sdter Spring, 15]Indentification and volumes of any Maryland. coolants and of receptacles containing g 71.31 Demonstration of compliance. coolant. (a)The eficct of the transport y 71.14 Interpretations. (b) With respect to the contents of the environment on the integrity of a Except as specifically authorized by package: package of radioactive material shall be the Commission in writing, no (1) Identification and maximum evaluated as follows: interpretation of the meaning of the radioactivity of radioactive constituents: (1) The ability of a package to regulations in this part by an officer or (2) Identification and maximum withstand conditions likely to occur in employee of the Commission other than quantities of fissile constituents; normal transport shall be assessed by a written. interpretation by the General (3) Chemical and physical form: subjecting a sample package or scale Counsel will be recognized to be binding (4) Extent of reflection, the amount model, by test or other assessment, to on the Commission. and identity of nonfissile materials used the normal conditions of transport as t 71.15 Additional requirements. as neutron absorbers or moderators and specified in Appendix A: and the atomic ratio of moderator to fisade (2) The effect on a package of The Commission may by rule, constituents; regulation, or order impose upon any conditions likely to occur in an accident licensee such requirements, in addition (5) Maximum weight: and shall be assessed by subjecting a sample to those established in this part, as it (6) Maximum amount of decay heat. package or scale model, by test or other "****U deems necessary or appropriate to 9 71.23 Package evaluation. protect health or to minimize danger t The applicant sha11.- (b) Taking into account the type of life or property-(a) Demonstrate that the package vehicle, method of securing or attaching Subpart B.-Application for Package satisfies the standards specified in the package, and controls to be Approval Subpart C: exercised by the shipper, the (b) For a Fissile Class 11 package. Commission may permit the shipment to 1 71.21 Contents of application. ascertam and specify the number of be evaluated together with the An application for an approval under similar packages which may be transporting vehicle for the purpose of this part shall melude, for each proposed transported together in accordance with one or more tests. packaging design and method of 171.35(c): and [c) Except with respect to Type BlU) transport, the following information m (c) For a Fissile Class 111 shipment, packages, normal conditions of addition to any other mformation and for a Type B(M) package, describe transport and hypothetical accident required: any proposed special coitrols and conditions different from those specified (a) A package description as required precautions to be exercised during n Appendix A and Appendix B may be by 171.22: transport, loading, unloading, and approved by the Commission of the (b) A package evaluation as required handling, and in the event of accident or controls proposed to be exercised by the by 171.23; delay. shipper are demonstrated to be (c).A quality assurance program 71.24 Quality assurance. adequate to assure the safety of the descriptica as required by $ 71.24, 8hI **"'" P (d)In case of Tissile material, an (a) The applicant shall describe his identification of the proposed fissile quality assurance program to be applied i 71.32 standards for att packages. class. to the design. fabrication, assembly, (a) Any lifting attachments on the hIproposed package, when used in the intended p 71.22 Package description. f a non and u e The application shall m.clude a packaging. manner, with an appropriate safety factor to cover abrupt lifting, shall not description of tne proposed package m, (b) The applicant shall identify any sufficient detail to identify the package established codes and standards mpose unsafe stresses on the structure accurately and to provide a sufficient proposed for use m package design, of the package, and shall be so designed that failure under excessive load would basis for evaluation of the packaging. fabrication, assembly, testing. ,The description should mclude: maintenance and use. In the absence of not impair the ability of the package to (a) With respect to the packaging: such codes and standards, the applicant meet other requirements of this Subpart. Attachments or other features on the (1) Classification as Type B(U). Type shall describe the basis and rationale H(M) or fissile material packaging. used to formulate the package quality outer surface of the packaging which could be used to lift the package shall be (2) Gross weight: assurance program. removable or othyrwise rendered (3) Model number: (c) The applicant shall o.entify any. noperable for transport, or shall be (4) Specific materials of construction. specific provisions to be contamed in his weights, dimensions, and fabrication quahty aswanm pmgram which are designed with strength equivalent to that required for hftmg attachments. methods oy: applicable to tne particular package (i) keceptacles. identifying the design under consideration. includiag a (b) The smallest overall dimension of the pacakge shall not be less than 10 cm demiption of his leak testing contamment system: pm&d e I4 ill' (ii) Materials specifically as nonfissde (t) The outside of the package shall neutron absorbers or moderators: i 71.25 Additional inf ormation. incorporate a feature, such as a seat (iii) Internal and external structures The Commission may at any time which is not readily breakah!c. and supporting or protecting receptacles: require further information in order to which. while inf art /will be emlence (iv) Valves. sampimg ports. lif ting enable it to determine whether a license. that the package has not been iihuth devices, and tiedown devices: certificate of compli;nce, or other opened. 3 H0 71-3 5 August 17,1979

PART 71 e PROPOSED RULE MAKING (d) Each package shallinclude a (2) The external radiation dose rate maximum reactivity of thi fissile containrnent system securely closed by would not exceed one rem per hour at material would be attained: a positive fastening device which cannot one meter from the external ihrface of (i) In the most reactive credible be opened unintentionally the package. configuration consistent with the (e) Each tie down device which is a (b) Compliance with the permitted chemical and phuical form of the structural part of the package shall be so activity release limits shall depend material; designed that failure of the device under neither upon filters nor upon a (ii) Moderated by water to the most excessive load would not impair the mechanical cooling system. reactive credible extent; and ability of the package to meet other (c) T6 package shall not incorporate (iii)l'ully reflected on all sides by requirements of this subpart. a feature which is intended to allow w ater. (f) Packages shall be of such materials continuous venting during transport. (3) A package used for the shipment of and construction that there will be no (d) The package shall not include a fissile rr.aterial shall be so designed and significant chemical, galvanic or other pressure relief system which would constructed and its contents so bmited reaction among the packaging allow the release of radioactive material that under the normal conditions of components, or between the packagmg to the environment under the conditions transport specified in Appendix A: components and the package contents, of the test specified in Appendix A and (i) The contents would be subcritical; including possible reaction resulting Appendix B. (ii) The geometric form of the package from inleakage of water to the maximum (c) The package shall have a contents would not be substantially credible extent. maximum normal operating pressure not altered; (g) All package valves through which exceeding 690 kilopascal (100 psil gauge. (iii) There would be no leakage of the radioactive contents could otherwise (f) The containment system shall be water into the contamment system escape shall be protected against capable of withstanding the thermal test unless. in the evaluation of undamaged unauthorized operation and, except 'or in Appendix B without experiencing a package under il 71351b). (c)(1}{i), and pressure relief valves shall be provided stress intensity greater than the (d)(1). it has been assumed that with an enclosure to retain any leakage. minimum yield strength at the maximum moderation is present to such an extent (h) packages shall be so designed. temperature it would be expected to as to cause maximum reactivity constructed and prepared for shipment reach. For the purpose of this consistent with the chemical and that under normal conditions of tetermination, the stress intensity shall physical form of the material; and liv) There will be no substantial reduct(ion in the effectivenes. of the ensidered to result from the sum of transport specified in Appendix A there will be no loss or dispersal of rambrane stresses and bending stresses rddiodClive contents, as demonstrated to caused by pressure, thermal gradients. parkaging. including no more than 5 a sensitivity of 10 A, per hour by NRC and differential thermal expansions. percent reduction in the total effective approved test procedures. no significant (g) The containment system shall be volume of the packaging on which increase in the maximum radiation level capable of withstanding at least 1.5 nuclear safety is assessed, no more than at the external surface of the package. times the maximum normal operating 5 percent reduction in the effective and no substantial reduction in the pressure without experiencing a stress spacing between the fissde contents and effectiveness of the packaging. intensity greater than either 75 percent the outer surface of the packaging. and of the minimum 3 eld strength or 40 no occurrence of an aperture in the outer i 0 71.33 Additional requirements for Type percent of the ultimate strength at the surface of the packaging large enough to B(M) packages maximum expected operating permit the entry of a 10 cm (4 in.) cube. A Type B(M) package. in addition to temparature. For the purpose of this (4) A package used for the shipment of satisfying the requirements of i 7L32, determination, the stress intensity shall fissile material shall be so designed and shall be so designed and constructed be considered to result from the sum of constructed and its contents so limited that under the hypothetical accident membrane stresses and hending stresses that under the hypothetical accident conditions of Appendix B. caused by pressure. conditions specified in Appendix B the package would be subcritical. For this (a) The escape of radioactive material other than krypton-85 would not exceed facfag landards f r fissile material deterniination it shall be assumed that: (il the fissde materialis m the most a totatnmount A,in one week, and for la) on he W - Ms.F..is s d.e reactise credible configuration krypton.85 the escape would not exceed material packages which are not exempt consistent with the damaged condition 10.000 curies in one week. l7L9 r i 7111 shall satisfy the of the package and the chemical and (b) The external radiation dose rate g};owing requirements: physical form of the contents; would not exceed one rem per hour at . DJ A padage used for the shipment of in) Water moderation occurs to the one meter from the external surface of fissd material shall be designed and most reactive credible extent consistent the package. constructed in accordance with i 71.32. .with the damaged condition of the i 71.34 Additional requirements for Type and when so required by the total package and the chemical and physical B(U) packages amount of radioactive material, also in form of the contents: and acc rdance with 5 71.33 or i 71.34: A Type B(U) package. in addition to , (iii) There is reflection by water on all satisfying the requirements of j 71.32. (2) Except as otherwise provided by sides and as close as is consistent with I 7135(a)(5) with respect to leakage. a the damaged condition of the package. shall satisfy the following requirements: package used for the shipment of fissil (5) The Commission may approve (a) The package shall be so designed material shall be so designed and exceptions to the requirements of th,s i and constructed that under the c nstructed and its contents so limited section with regard to assumed hupothetical accident conditions of that it would be subcriticalif water micakage or outleakage provided the Appendix B: were to leak into the containment package incorporates special design (1) The escape of radioactive material system or liquid contents were to leak features such that no single packaging would not exceed an amount 10-8 As in out of the containment system such that error would permit leakage and one week. under the following conditions, provided appropriate measures are August 17,1979 7136

PART 71

• PROPOSED RULE MAKING tak en before each stupment to ve nly the geometry. moderation and water certificate of compbance on or before leaktightness of the containment sv'stera ref ection were then as described in (the effectne date of these (b) Specific star,dards for a Msd/c paragraphs (a)la) and (e) of this secimn.

1"adments). shall be deemed to Class / pachage. A Fissde Class i f e) 6 aluation of <m array of parkuges omnply nith the package standauls of package shall be so designed and of fissile material. The effect of the ' i! 71.31. 71.32. 71.u. and 71.35. prusided constructed and its contents so limited transport environment on the nuclear that fcbrication of the pac kage is that: safety of an array of packages of fissde satisf actorily completed, as (1) Any number of such undamaged material under hypothetical accident demonstrated by the application ofits packages would be subcritical in any conditions shall be evaluated on the n,odel number m accordance with arrangement, and with optimum basis that each package in the array is i 71.53(c). by (date two years after interspersed hydrogenous moderation ir subjected to the hypothetical accident effective date of these amendments) or packaging,in which case the greater conditions specified in Appendix B and by the expiration date of the package amount may be assumed for this that the geometry. moderation and design approval, whichever is later. determination: and water reflection of the damaged Subpart D,-Operating Controls and. (2) Two hundred fifty (250) such packages correspond to the maximum procedures arrangement,iicach package were ~ credible reactivity consistent with the packages would be subtritical in any design of the packaging. the nature of f 71.51 Establishment and maintenance of subjected to the hypothetical accident the contents. and the conditions of a quauty assurance program. conditions specific d in Appendix B and shipment. In the case of a Fissile Class (a) The licensee shall establish, if the geometry. moderation and water 111 shipment, the Commission mav. maintain and execute a quality reflection were then as described in taking into account controls to be' assurance program satisfying each of paragraphs (a)(4) and (e) of this section. exercised by the shipper. permit the the applicable criteria specified in (c) Specific standards for a Fissi/e shipment to be evaluated as a whole Appendix E. " Quality Assurance Class //pacAuxe. (11 A Fissile Class Il rather than as individual packages. Requirements." and satisfying any package shall be designed and either with or without the transporting specific provisions which are applicable constructed and its contents so hmited. vehicles, for the purpose of one or more to the hcenseel, activities mcluding and the number of such packages which tests. procurement of packaging. The may be transported together so limited. descriptian of the quality assurance I 71.36 Special requirements for program shall include a discussion of tha t; m s pments. (i) Five times that number of such which requirements of Appendix E are undamaged packages would be (a) N twithstanding the exemption in applicable and how they will be subcrit; cal in any arrangement if closely i 71.9. plutonium in excess of twenty satisfied.' A description of that program reflected by water: and (20) curies per package shall be shipped shall be filed with the Director. Office of as a solid. Nuclear Material Safety and Safeguards. (ii) Twice that r umber of such packages would be subcritical in any (b) piutonium in excess of twenty (20) Nuclear Regulatory Commission. arrangement if each package were curies per package shall be packaged in Washington. D.C. 20555. If a licensee subjected to the hypothetical accident a separate inner container placed within has filed such a description by January conditions specified in Appendix B end outer packaging that meets the 1.1979, the continued use of his existing if the geometry. moderation and water requirements of Subpart C for packaging quality assurance program is authorized reflection were then as described in of material in normal form. The separate until the acceptability of the program paragraphs (a)(4) and (e) of this section. inner container shall not release has been finally determined by the (2) The transport index with respect to plutonium, as demonstrated ta a Commission. criticality control for each Fissi.e Class sensitivity of 10"As per hour by NRC (b) The provisions of this paragraph 11 package shall be calculated by approved test procedures, when the deal with packages which have been dividing the number 50 by the number of entire package is subjected to the approved for use in accordance with such Fissile Class 11 packages which normal test conditions specified in this part prior to January 1,1979, and may be transported together as Appendix A. When the entire package is which have been designed in determined under the limitations of subjected to the hypothetical accident accordance with the provisions of this paragraph (c)(1) of this section. The conditions specified in Appendix D. the part in effect at the time of application transport index so determined shall not sep rate inner ccatainer shall restrict for package approval. Notwithstanding exceed to and shall be rounded up to the loss of plutonium to not more than the provS. ions of paragraph (a) of this the first decimal place. A,in one week for B(M) packages. and section, such packages shall be deemed (d) Specific standards for a Fissi/e to not more than 10"A in one week for to have been designed in accordance Class ///pacAage. A package for Fissile LiU) packages. Solid plutonium in the with a quality assurance program which Class !!! shipment shall be so designed full wing forms is exemp from the satisfies the provisions of paragraph (a) and constructed and its contents so requirements of this paragraph: of this section. limited. and the number of packages in a (i) Reactor fuel elements: (c)The provisions of this paragraph Fissile Class 111 shipment shall be so (ii) Metal or metal alloy; and deal with packages which have been limited. that: (iii) Other plutonium bearing solids approved for use in accordance with (1) The undamaged shipment would that the Commission determines should this part prior to January 1.1979. have be subcritical with an identical shipment be exempt from the requirements of this been at least partially fabricated prior to in contact with it and with the two section. that date, and for which the fabrication shipments closely eflected on all sides is in accordance with the prosisions of by water; and i 71.37 Previously approved packages. this part in effect at the time of (21'lhe shipmem would be subcritical Notwithstanding any other provisions if each package wee subjected 10 the of this subpart, a package. the design of hy pothetical acc. dent conditions which has been approved by the % vo'neta tmmtemenu n' Arpe+ t specified in App + mh B and if the Con.ma.sion by the issuant.e of a Afd t+ appW m m+1 opere L & ..pp W i.,an w ent< m.i.mr miaiheirunpore n ei., NfeTy el4 dP3r hl Pd.fl btTf Hm 2 td /ky en.b4 I )lf >4-O 71-3 7 August 17,1979

PART 71 e PROPOSED RULE MAKING application for approval of package (2) The package is in unimpaired (1) 50*C (122*F) for a package in a design. Notwithstandmg the provisions physical condition except for superficial consignment less than full load, or of paragraph (a) of this section, such marks, dents, etc; (2) 82*C (ta0*F) for a package in a full packages shall be deemed to have been (5) Each closure device of the load consignment. fabricated and assembled in accordance packaging. including any required (d) Externa / radioactive with a quality assurance program which gasket, is properly installed and secured contcmination --Prior to each shipment and free of defects: of I censed material, the licensee shall satisfies the provisions of paragraph (a) of this sectmn. (4) Any system for containing liquid ic ascertain that the level of nonfixed (d) A Commission-approved quality adequately leaktight and has adequate (removable) radioactive contamination space or other specified provision for on all external surfaces of each package assurance program which satisfies the expansi n f such hquid; is as low as practicable, and, when the apphcable crneria of Appendix B of Part (5) Any pressure relief device is package is subjected to the normal 50 of this chapter and which is perable and set m accordance with conditions of transport specified in established, nmintained, and executed wrHten pr cedures: Appendix A: with regard to transport packages shall (ej The package has been loaded and (1) Except as provided in (2), no level be deemed to satisfy the requirements of cl s d in accordance with written will exceed the levels in Table VI of this pmagwph (a) of th$ section. n 8 ! 71.52 Assumptions as to unknown

7) or f sile material, any moderator g e ae f

or neutron absorber, if required, is properties. present and in proper condition; Tet>i. vs._ummun remvssue teve/s or uowaar When the isotopic abundance, mass, (b) Externa / radiation level.-Prior to naoo cove carnin,nanon concentration. degree of irradiation, e ch shipment of licensed material, the degree of moderation, or other pertinent licensee shall ascertam that, when the

• '"W~~5da property of fissile matetialin any package is subjected to the normal i

package is not known, the hcensee sha 1 conditions of transport specified in package the fissde material as if the Appen3ix A: e,,_,,mm,,,,nm,,%,,,,, unknown properties have such credible (1) Except as provided in (2), no anemuc== -in men ,7,[",%",'j" van es as wd om se the maximum radiation level will exceed 200 millirem nuc car rem.t s it). per hour on tha accessible external ..n-23s...n 23a. surface of the package and the transport _" "**23jZu";22s i 71.53 Preliminary determinations. t mdex will not exceed to, and o, o,,nys c.i conce,.. io. 220 Prior to the first use of any packagm.g (2) For packages shipped as fullload M ou w a a nmo '"d"*'~ 22 for the shipment of licensed matermh by rail, highway or water, no radiation (al'Ihe licensee shall ascertain that level will exceed either: there are no cracks, pinholes. (i) 1000 millirem per hour on the (2) For packages shipped as full load uncontrolled vmds or other defects accessible external surface of the by rail or highway, no level wi!! exceed which could significantly reduce the package; either the levels in Table VI of this part effectiveness of the packaging: (ii) 200 millirem per hour on the at the time of shipment or ten times (b) Where the maximum normal external surface of the vehicle, including those levels at any time during operating pressure wdl exceed 34.3 the upper and lower surfaces, or, in the transport, when averaged over any 300 kdopascal (5 psi) mucc the hcensee case of an open vehicle, on the vertical cm' area of the package surface. shall test the cont.onment system at an planes projected from the outer edges of g 71.55 opening instructions. internal pressure at least 50X Ingher the vehicle, on the upper surface of the than the maximum normal operating load, and on the lower external surface Prior to delivery of a package to a of the vehicle: carrier for transport, the licensee shall pressure to ensure comphance with design requirements for integrity and (iii) 10 mdhrem per hour at 2 m (6.0 ensure that any specialin tructions feet) from the external surface of the needed to safely open the package have leaktightness: and vehicle, including the upper and lower been sent to or otherwise made (c) The packmnng shall be conspicuously and durably marked with

• ". 7es, or in the case of an open avadable to the consignee.

um,2 m p feet) from the vertical 9 7,,,, g,,,,,- its model number gross weight. and a planes projected from the outer edges of packar identifntion number asugned the vehicle and the upper surface of the The licensee shall report to the by the Nuclear Regulatory Commission. loid;or Director Office of Nuclear Material Pn.or to applying the model number, the (iv) Two millirem per hour in any Safety and Safeguards, U.S. Nuclear licensee shall determine that the normally occupied position of the Regulatory Commission. Washingmn, packagmg has been fabricated in vehicle, unless persons occupying such D.C. 20555, within 30 days any instance ac< ordance with the design approved by positions are provided with special in which there is significant reduction in the Commimon. health supervision and personnel the effectiveness of any authorized monitoring devices and training in packaging during use. ] 71.54 Rout:ne determinations. accordance with 10 CFR 19.12. 97t62 Records. (a) Prior to each shipment of,n. censed (c) Surface temperatures.-Prior to matenal, the bcensee shall ascertain each shipment oflicensed material, the (a) Each licensee shall maintain for a that the package with its centents licensee shall ascertain that, if the period of 2 years after shipment a record satisfies the apphcable requirements of package were in still air at 38'C (100* F) of each shipment of fissile matcrial or of this part and of the license,includmg and in the shade, the temperature of any a Type B quantity of radioactive determinations that: readily accessible surface of the material, showing, where applicable: (1) The package is proper for the package would not exceed the following (1) Identification of the packaging by contents to be shipped, applicable limit: model nur. er; $. [1. 7 3 s August 17,1979 71-38

PART 71 e PROPOSED RULE MAKING (2) Details of any significant defects in that package, of radioactive material (4) Increased external pressure-An the packaging, with the raeans employed having a decay heat load in excess of 5 external pressure of 172 kdopascal(2s psi) kW or with a maximum normal gauge. to repair the defects and prevent their operating pressure in excess of 103 (5) Vibrat:en-Vibration normally incident recurrence; (3) Volume and identification of kilopascal (15 psig). '""5{ g coolant: l 71.64 Violations. simulates exposure to rainfall of (4) Type and quantity oflicensed approximately 5 cm (2 in.) per hour for at An m..iunction or other court order least one hour. material in each package, and the total quantity of each shipment; may be obtamed prohibiting any after the conclusion of the water spray test, a (7) Free drop-Between 1 % and 2% hours (5) For each item of irradiated fissile vi lation of any provision of the Atomic material: Energy Act of1954, as amended,(the free drop through the distance specified (i) Identification by model number Act) or Title 11 of the Energy below, onte a flat essentially unyielding and/or serial number: Reorganization Act ct 1974, as amended. honzontal surface, stnkmg the surface in a (ii) Irradiation and decay history t or any regulation or order issued position for which maximum damage is thereunder. A court order may be expected. For Fissde Class !! packages. the the extent appropriate to demonstrate free dr p shall be preceded by a free drop obtained for the payment of a civil that its nuclear and thermal from a height of 0.3 m (1 ft.) on each corner cl aracteristics comply with license Penalty imposed pursuant to section 234 or,in the case of a cyhndrical Fissile Class Il of the Act for v,iolation of sections 53,57, package, onto each of the quarters of each conditions; and 62,63,81,82,101,103, M 107, or 109 of nm. (iii) Any abnormal or unusual the Act, or section 206 of the Energy condition relevant to radiation safety. Reorganization Act of 1974, as amended, (6) Date of the shipment: r any rule, mgulanon, or oMer issued %.ian o (7) For Fissile Class III and for Type thereunder, or any term, condition, or 4 mo**> (m> W B(M) packages, any special controls limitation of any license issued exercised; thereunder, or for any violation for [ooo7' ' Roooio N (8) Name and address of the which a license may be revoked under mor 22.000 transferee: section 186 of the Act. Any person who 22mo os saE._ (9) Address to which the shipment willfully violates any provision of the os i mom man was made: and Act or any regulation or order issued (10) Results of the determinations thereunder may be guilty of a crime, required by I 71.54. and, upon conviction, may be punished (8) Corner drop-A free drop onto each (b) The licensee shall make available by fine or imprisonment or both, as c n f the package in succession, or in the case f a cWindric I p ck ge nt each to the Commission for inspection, upon pr vided by !aw. quarter of each rim. from a height of 0.3 m (1 reasonable notice, ell records required by this part. Appendix A-Normal Conditions of ft.) onto a flat essantially unyielding (c) The licensee shall maintain, during Transport horizontal surface. This test applies only to fiberboard or wood rectangular packages not the life of the packaging to which they Evaluation of each package design under exceeding 50 kg (110 pounds) and fiberboard pertain, sufficient quality assurance normal conditions of transport shall include a records to furnish documentary determination of the effect on that design of (ok packages not exceedmg o evidence of the quality of packaging the conditions and tests listed in this (9) Compression-The package shall be components which have safety appendix. Separate specimens may be used subjected. for a period of 24 hours, to a sig.ificance and of services affecting for the free drop test, the compression test compressive load applied untformly to the top such quality, including records of the nd the penetration test provided that each and bottom of the package in the position in results of the determinations requhad by specimen is subjected to the water spray test which the packare would normally be ) 71.53, and of monitoring, inspection bef re bein8 subjected to any of the other transported. The load shall be the greater of ith respect to the initial conditions for i) e qu valent of 5 times the neight of ing de ign, fab ica i, assembly, the tests in this appendix. except for the the package: testing, modification, maintenance and water immersion tests, the demonstration of (ii) The equivalent of 1235 kilopascal (1.85 repair of the packaging-compliance shall be based on the assumption Ib/m') multiplied by the verticall> project'ed that the ambient temperature preceding and area of the package. l 71.63 Inspection and tests. followind the tests remains constant at that (10) penetration-Impact of the (a) The licensee shall permit the value hetween -29' C (-29' F) and + 38' C hemispherical end of a sertical steel cyhnder Commission at all reasonable times to (100' F) which is most unfavorable for<he of 3.2 cm (1 % in) diameter and 6 kg (13 lb) inspect the licensed material, packaging, feature under consideration. The imtial mass. dropped from a height of 1 ni(40 in) and premises and facihties in which the internal pressure within the containment onto the exposed surface of the package licensed material or packaging are used, system shall be considered to be the which is expected to be most vulnerable to produced, tested, stored or shipped. maximum normal operating pressure, unless puncture. The long axis of the cylinder shall (b) The licensee shall perform, and a lower internal pressure consistent with the be perpendicular to the package surface. pe:mit the Commission to perform, such ambient temperature considered to precede Npendix B-Ilypothetical Arcident tests as the Commission deems and follow the tests is more unfavorable. Conditions r.ecessary or appropriate for the Normc/ cemhtmns of Transport The hypothetical accident conditions in admimstration of the regulations in this (illieut-An ambient temperature of 54' C paragraphs tal throus:h (d) are to be apphed chapter. (13o F)in still air. and dadv aserage solar

• • """"!"*""'O""d"*

(c) The licensee shall notify the radiation of 450 watts /m'with a daily Director, Office of Inspection and maximum of 900 watts /m. pec m n n [ j( 8 P " us l fo t Enforcement U.S. Nuclear Regulatory (2) Cold-An ambient temperature of -40' immersion conditions specified m paragraph Commission. Washington, D.C. 20555, at C (- 40' F) in still air and shade. g e), least 45 days prior to fabrication of a (3) Reduced external pressure-An W th respect to the initial conditions for package to be used for the shipment,in external pressure of 24 5 kilopascal (3 5 psia). the tests of this appendix. except for the 3 544 9 August 17,1979

PART 71

• PROPOSED RULE MAKING water immersion tests. the demonstration of not less than eight hours. For test purposes.

be 10 Ci and the value of A, shall be taken to compliante shall be based on the assumption an external pressure on water of 147 he 0.4 Ci. that the ambient temperature precedmg and kilopascal (21 psi) gauge will be considered

11. m tures of mdmnucluies, inchuhng following the tests remams constant at that to meet these conditions.

rodiout twe decor chains.-(1) For mixed value between -2trC (-20*Fj and +38'C APPENDIX C-DETERMINATION OF A. may be assumed. if a detailed analpis of the (10trF) which it nuet unfavorable for the feature n.uder ccaside 9 tion. The imtial AND A, mixture is not rarmed out; internal pressure withm the containment

1. Single radmnoc/ ides -(t) For single A, = to Ci n stem shall be considered to be the radionuclides of known identity, the value of

^* = 0 4 Ci maximum normal operating pressure, edess A. and A, are given in Table C-1. The values (2) A single radioactive decay chain in a lower internal pressure consistent with L.' of A. and A, are also apphcable for whith the radionuchdes are present in their ambient temperpure assumed to precede and radionuchdes contained in ( x. n) or (y, n) naturally occurrmg proportions and in which follow 'he tests is more unfavorable. no daughter nuthde has a half hfe either neutron sources. (al Free Drm--A free drop of the specimen (2) For any single radionuclide whose longer than 10 dag s or longer than that of the through a distante of 9 m (30 ft) onto a flat identity is known, but which is not hated in parent nuclide shall be considered a smg!e essentially unyielding horizontal surface. Table C-1. the values of A and A, shall be radionuchde. The activity to be taken into striking the surface in a position for which determined according to the following account and the Ai. A. value to be applied maximum damage is expected. procedure-shall be those corresponding to the parent (b) Puncture-A free drop of the specimen (a)If the radionuchde emits only one type nuclide of that chain. Iloweser. in the case of through a distance of I m (40 in) in a position of radiation. Ai shall be determined radioactive decay chains m which any for which maximum damage is expected. accordmg to the rules in paragraphs (q. (iil daughter nuchde has a half hfe either longer onto the upper end of a sohd. vertical. (iii) and (iv} of this paragraph. For than 10 days or grcater than that of the tyhndrical, mdd steel bar mounted on an radionuclides emitting different kmds of parent nuclide, the parent and such daughter essentially unyielding horizontal surface. The radiation, A, shall be the most restrictive nuclides shall be considered as mixtures of bar shall be 15 cm (6 in} in diameter, with the value ot' those determined for each individual different nuclides. top horizontal and its edge rounded to a radiation. However,in both cases A, shall be (3)In the case of a mixture cf different radius of not more than 6 mm (% in) and of restricted to a maximum of 1000 Ci. lf a radionuchdes. where the identity and activity such a length as to cause maximum damage parent nuclide decays into a shorter hved of each radionuclide are known. the to lhe package. but not less than 20 cm (8 in) daughter, of a half-life not ureater than to perrrissible actnity of ear h radionuclide R,. long. The long axis of the bar shall b" days. A, shall be calculated for both the R.. . R,, shall be such that F, 4 F, +.. F, s ertical. parent and the daughter, and the more is not greater than unity, where (c) Thermal-Exposure.cf the who!e hmiting of the two values shall be assigned to Tu.cNg ei n, spcimen for not less than 30 minutes to a the parent nuclide. E-WT~ heat flux not less than that of a radiatian (i) For gamma emitters. A, is determmed by 7u,,, o, n* enuronment of 800~C (1472"F) with an the expression: r, - AAT emissivity coefficient of at least 0.9. For purposes of taiculation. the surface Tc4 acNW of R. where is the gamma-ray constant. F.---- xpy absorptivity shall be either that value which the package may be expected to possess if correspondmg to the dose in R/h at 1 m p. exposed to a fire or 0 8. whicheser is greater. Ci; the number 9 results from the choice c : 1 AdRs. R... Ro) is the salue of A or A, i in addition, when significant. conver tive heat terr /h at a distante of 3 m as the reference as appropriate for the nuclide Ri. R,. input shall be meluded on the basis of sti;l dose equisalent rate. R. ambient air at 800 C (1472*F) Artificial (ii) For X-ray emitters. A, is determmed by (4) When the ide.ity of cach radmnuchde coolmg shall not be apphed after cessation of the atomic number of the nuclide is known but the individual actiuties of some of the radionuclides are not known. the external heat mput, and any combustion of for Z ( 55-A, = 1000 Ci

• "" ""
• E"'"#'" E matenals of construction shall be allowed to for Z > 55--A'

'00 Ci apphed to establish the values of A, or A,as proceed untd it termmates naturally. The where Z is the atomic number of the nuthdc. oppropnate. All the radionuchdes wnose effects of solar radiation tan be neglected (iii) For beta emitters. A, is determmed by individual activ t;es are not known (their pnor to and dunng the test but insolation as the maumum beta energy (E,,,.J accord;ng to total attiuty wdL howeser, he known) shall specified in paragraph (al(1) of Appendix A Table C-2; be classed in a smule group :md the most sh.dl be assumed fer the period following the N For alpha emitters Ai is determmed by restr.ctive s alue of A, and A, apphr able to 30 mmute exposure to fire conditions. the eyression; any one of them shall be used as the ealue of IJi /mmersion-fssile matenc/-For fissile A, or A, m the denominator of the fraction. A, = 1000 A. mitenal m those cases where water (5) Where the identity of each radionuclide inle ikage has not been assumed for Where A,is the value hsted m Table C-3. is known but the mdnidual acinity of none cnta ahty analms. the specimen shall be (b) A, shall be the more restnctive of the of the radionur hdrs is known. the Inost unmersed under a head of water of at least following two values: restnttive 5 alue of A, or A, apphcable to any oum (3 ft) for a penod of not less than eight (i) The correspondmg A, ; and one of the radmnar hdes present shall be 'd m the athtudo for which maumum (ii) The salue A, chiamed from Table C-3. adopted as the apphcable sul 'c. s i 'his test an ambient (3) For any smW rad:onuchde whose (t>) When the identity of none of the Jo

w. < mi 14 r

, a it o e of M L I1m FIis not repre d identity is unknown the value of A, shall be nuclides is known. the salue of A, shall be (el /m.rennom--ol/podages-Either the taken to be 2 Ci and the s alue of A, shall be taken to be 2 Ci and the salue of A, shall be damaged specimen or a separate urdamaged taken to be 0.002 Ci. llowever,if the atomic taken to be 0 0m Ci ilowever, if alpha specimen shall be immersed under. '.iead of number of the radionuclide is known to be emitters are know n to be absent, the salue of w ater of at least 15 m (49 ft) for a per.cd of less than 82. the value of A, shall be taken to A, shall be taken to be 0 4 Ci. a. 3 4 a; O s August 17,1979 7140

PART 71

• PROPOSED RULE MAKING Table C-1.-A, and, Values kw RadonucMes
• Symbolof rochonuchise Element aM atomic number A1(C4 AhC4

"' Ac.. . Actmium (BW. 1000 0 003 " Ac. 1C 4

• Ag..

_.... Sever (4 7). 40 40 "= Ag. 7 7

• Am..

100 100 '" Ag.. . Amencasm (95). 6 0 008

• Am..

8 0 008 8' Ar (compressed or uncompressed) . Argon (le) 1000 1000 " Ar (uncompressed).. 20 20

• • Ar (compressed).

1 1 " As. _ _. Arsense (33). _ 1000 400 20 20 " As 10 10 " Aa. 300 300 '" At... _.. . Astahne (85). 200 7

• Au.

. Gold (79)... 200 200

• Au...

30 30 '" Au. 40 40 '" Au -

• Ba.

200 200 Banum (56). _ 40 40

• 0a -

40 to ' Je.. . Berythum (4) 300 300 '" Bi. "' Bi. . Bismuth (83). 5 5 M8e (RaE).. to 10 100 4 Be... 6 6 " Bk -. . Berkehum f97). " Br. . Bromine (35)... 1000 t 6 6 " C... " Ca -. _. Carbon (6). 1000 100 Calcaum (20). 1000 40 "Ca. 20 20

• Cd.

. Cadmum (48). 1000 70 "* CD "* Cd.. 30 3C

• Ce.

. Canum (%). 80 80 100 100 '" Ce.. e 300 200 "* Ce. 60 60 '* C8 10 7

• • Cf..

Cas.lorrma (98)

• 0-2 0 002 7

OM7 "' Cf.- 2 0 009 "O. . CNonne (17). 300 30 "C3 10 10 8"Cm. Cunum (96).. 200 02

• Cm.

g 0 009

• • • Cm..

10 0 01 '"Cm. 6 0.006

• " Cm..

"Co 6 0 006 Co. . Cobalt (27).. _ 5 5 90 90 '* Co.

• • Co.

1300 1000 20 20 "Co.. 7 7 Cr... . Chromium (24). 600 600 "' Cs... Censum (55). 1000 1000 "* Cs _ _ 1000 1000 '" Cs.~ 10 to '" Cs.. "* Cs. _.... 1000 1000 "' Cs.. 7 7 30 20 "Cu. Copper (29)..~ 80 60

• Cy..

Dywoesum (66).. 100 100

• Dy..

1000 200

• Er.. _

Ertwurn (68).. 1000 300 "' Er. 50 50 "" Eu. Eurpeum (63).. 30 30 '" E u 20 20 '"Ev. to 5

• Eu 400 90 aF Fluonne (9)...

20 20 "Fe Iron (26)... 6 6 "Fe. 1000 100rt " Fe... - 10 to "Ga Gaehum (31). 7 7

• Gd..

Gadohneum (64). 200 100 '" Gd.....

• Go Germanium (32) 300 300 1000 1000
• H.......

Hy& ogen (1) see T.Tnnum. Hf . Hafrnum (72). 30 30 '" Hg.. . Mercury (80). 200 200

• ' Hg...

200 200

• Hg 60 80
• Ho

. Holmsum 16 7). 30 30 '*t.. . todine 153) _ 1000 70 m i.. "*l.. 40 10 1000 2 '*'I.. 40 10 i A/

• f.

1 7 l} Q

• L 3u 30 71-41 August 17,1979

PART 71 e PROPOSED RULE MAKING Takte C-1.-A, and e skes for Radowhdes L-Continued v Symtxd of radionuchoe Element and stormc number A t(O) A2(C4 "*l.. 8 8 10 to "I . Irdum (49p.. 60 60 "

• In...

30 20 "

• In.

"*m.. 100 100 '" It . Iridium (77).. 10 10 '" Ir.. 20 20

• lr 10 10 "K

Potassium (19) to 10

• Kr (uncompressed)..

Krypton (36). 100 100

• Kr (compressed).

3 3 " Kr (uncompressed) - 1000 1009 "Kr (compressed). 5 5 20 20 8'Kr (uncompressed). 06 06 "Kr (compressed).. " La. Lenthanum (57).. 30 30 LLS Low evel sohd radioactive matenal-see. - l 714(g) LSA . Low specdc actrvity m:sterW-see l 714(h). '" Lu . Lutehum (71).. 300 300 MFP . Mmed fraev products. 10 04 "Mg. . Magnes m (12).. 6 6 u un. Mangan e (25).. 5 5 u Mn 20 20 " Mn.. 5 5 " Mo. . MoWoenum (42). 100 100 " Na. . Sodrum (f t). 8 8 8* Na 5 5

• Nb

. Neobeum (41).. -- 1000 200 " Nb. 20 20

• ' Nb 20 20

"' Nd , Neodyrmum (69).. 100 100 '* Nd 30 30 " Ni. Neckel(28). 1000 900 " Ni. 1000 100

• • Ni 10 to 8" Np..

. Napturuum (93). 5 0 005

• Np...

200 200 '" Os.. . Osmium (76) 20 20

• Os..

600 400 '" Os. 200 100 '" Os

• 30 100 "p.

Phosphorus (15).. 30 30

• Pa..

. Protoachruum (91).. 20 ') 8 88" Pa -. 2 0 002 100 100 8" Pa.. Lead (82).. 20 20 " Pb..

• • Pb.

100 02 6 5 " Pb . Panaeum (46). 1000 700 '" Pd.. " Pd.. 100 100 "' Pm.. -. PrometNum (61) - 1000 80 '"Pm 100 100

• Po.

. Poloruum (84).. 200 02 " Pr . Praseodyawum (59). 10 to "8 Pr.. 300 200

• Pt.

. Plannum (78) 100 100

• Pt 200 200

"* Pt.. _ 3W 300 300 300

• Pt Plutoruurc r94) 3 0 003

" Pu.

• " Pu.

2 0 002 " Pu.. 2 0 002 "' pu. 1000 01

• Pu..

3 0 003

• Ra

. Radum (88)...... 50 02

• Ra.

6 0$

• Ra..

10 0 05 " Re.... 10 0 05 " RO.. . Rubdurn (37)... 30 30 8' Ab.. Urstated UnhmsNd

• Re. '

Ur*rmted Unbrmted Rb (natwal). . Rheruum (75)... 100 100

• Re..

Unbrmted Uniwmted

• Re..

to 10 Re (natural)... Ufermted Unkm.ted '" Rh.. . Rhodium (45)... 1000 1000

• Rh..

200 200

• Rn.

- Radon (86).. 10 2

• • Ru.

Ruthemum (44). 80 80

• Ru.. _

30 30 " Ru. 20 20

• Ru.

10 7 "S... . Sulphur (16) 1000 300

• Sb

. Antimony (51).. 30 30 "* St,... _.. - 5 5

• Sb..

" Sc.... 40 30 . Scardum (21).. 8 8 Sc.. 200 200 8 347 M2 August 17,1979

PART 71 e PROPOSED RULE MAKING Table C-1.-A, and, Values ter nMc'nucMes '--Centmued . ~ ?r bol of rachonuchde Dea.eef and atomic nurtter A 'lO) A2(O) m "Sc 5 5 " Se. . Seiensum (34). 40 40 "' Si.. S4 econ (14) Am _ 100 100 Samars,m (62) Unbrmted Unkrmted ins $m.. 1000 90 * Sm.. Sn.. Tm (50). 300 300 '" Sn... _. 60 60

• Se.. _

10 to " Sr... . Strontnam (38).- 80 80

• Sr...

30 30 " Sr. 50 50 " Sr.. 100 40 10 04

• Sr...

10 10

• Sr 7 (Uncompressed) 10 10 Traum (1)..._.

7 (cornpressed) - 1000 1000 7 (acimated luminous paint - 1000 1000 7 (adsorbed on sohd camer) 1000 1000 7 (treated water) 1000 1000 1000 1000 T (other torms).. .__ Tantalum (73).. 20 20 '" T a.., 20 20 '" TD.. Tertsum (65).. 20 20

• Tc -....

Techneeum (43) :..

• • Tc...

1000 1000 " Tc._ 6 6 1000 200 Tc.. 1000 100

• T c _... _

" Tc.. 100 100

• Te -._

Tellunum (52).. 1000 60 1000 100 '* Te. 300 40 "' To 300 300

• To..

.~... 30 30 '" Te.. '* To.. 100 100 ese. 10 t0 8" Th.. 7 7 8" Th.. . Thonum (90).. 200 02 6 0 004 " Th 3 0 003

• Th,. _

1000 1000 " Th.. tInkmsted Unkrmted s" Th.. 10 10 Th (natural) Unkrmted Unbrmted Th (eradated) *

• • TI Thaihum (81)..

20 20 "' TV. 200 200 " Ti.. 8" Ti 40 40 300 30 '" Tm.. . Thuhum (69)... 300 40 "' Tm... 1000 100 '"U.. ~ . Uranium (92)... 100 01 "U.. 30 0 03 "U. '" U. 100 Of

• • U..

100 01 100 02 "* U. 200 02 '"U.. Unnmited Unhamted U (natural).. Unkrmted Unkrmted U (ennched)( 20%. _ - Unkmited Unkrmted is (ennchem 20% or greate -... 100

0. t U (depiefed).

Unbrmted Unimmted U (stachated)*._ "V '*'W.. . Vanaeum (23)... 6 6 '"W., . Tungsten (74).. 200 100 '" Xe (compressed). _ 1000 100 "'W.. 40 40

• • Xe (uncornpressed)..

. Xenon (541.. to 10 100 100 5" Xe (uncompressed) Xe funcpmpressed).. - 1000 1000 '** Xe fcornpressed) 5 5 ke (compressed). 70 70 " Y.. 2 2 '" Y. . Yttnum(39). .0 10

• Y..

30 30 "Y. 30 30 "Y to 10 "*Yb. 10 10 Yttertzum ('0).. " Zn 400 400 . Inc (30) " Zn. 30 30

• Zn 40 4tj "Zr -

30C 300 Zwcomum (40). t 300 inc

• Zr.

Zr. 20 2 20 o 'In Tat ir C-6 uncompressec gar treans at a pressure not exceeeng amtdent atmosomme pre %ure a' me tee ite corstainttiert sve** is closed A gas **=ch has escaped from a cackage is conssdered to te uncompressed

• The sau.s 'or A1 and A2 must *+ caculated e accordave w'th the procedure occc fed.n Arpe* C ragar*

takang onto aceriAf me actvity of the l'swn products and of trie vr49=str'-233 m adeten to bat of the thon';m o r 4 O 7143 August 17,1979

PART 71

• PROPOSED RULE MAKING liv) The specimen shall then be stored for Table C-t.-A. and.Vs/ves for Radonuchdes Wnt;nued at least 7 days in stdl air of humidity not less than 90% at.W C (86* F).

water of the same specification as in (i) above the water with specimen heated to 'rhe values for At and A2 m st tw cam sed e acordance enm tN prnredse spmf*d e Accerwh C. paragmph ml. 50"15' C (122*19" F) and maintamed at this u ta6cq eto accours the a..tnoty of the tiss.on prows and peutmum sotor=rs e addition to mat e tne samum. temperature for 4 hours. (vi) The activit" of the water shall then be Table C-2.-Relatenshp Beteen A ' and F"" for Beta Enders determined. (vii)The acti.ty determined in paragraphs Alco (c)(1)(iii) and (.) shall not exceed 0.05 pCi. E **' lWV) (2) For enca sulated material. gy y (i) The spec nen shall be immersi d in wate* at ambiat temperature.The water ,co ,o_,ig sha have a pt of 6_a with a maximum 30 1 Sw 2 o < 22 o to conductivity of M mho/cm. The water and _ _ _. ~ _ _ _ _ _ _ _. _ specimen shall be heated to a temperature o 50' 5' C (122' 9* F) and maintamed at this * P' U I*' A h 0"'** Table C-3-Relatcashv Between A

• and the Atorme Nutr. er of the Rad >onuchde (ii) The activity of the water shall then be determined.

(iii) The specimen shall then be stored for ^* at least 7 days in still air at a temperature nc ~- ^ haw.~i.ss sait4t. ioco days sa t.ht greate, n less than 30- C (86* F). enan i.000 days to to ayees than to.,,ars _ _._.________ _ _ _ __-_ _ ~_- (iv) Repeat paragraph (c)(2)(i) of this ao_ os o _ 3o appendix. t to si 002 o. 002 o. 3o (v)The activity of the water shall then be s2.ow* determined. (vi) The activities determined in Appendix D-Requirements for Special Form lead, cf hardness number 3.5 to 4.5 on the paragraphs (c)(2)(ii) and (v) shall not exceed Radioactive hf aterial Vickers scale and not more than 25 mm (1 in.) 0.05 p thick. shall cover an area greater than that Appendix E-Quality Assurance (a) GenercL (1) Special form radioactive c vered by the specimen. A fresh surface of Requirements material must either be an indispersible solid lead

• hall be used for each impact. The billet This appendix describes quality assurance or be contained in a sealed capsule which sha. sinke the specimen so as to cause requirements applying to design purchase.

can be opened only by destructise means. maximum damage. fabrication. handhng. shipping, storing. (2) The solid material or capsule shall have (3) Bending test: the test is applicable only cleanmg. assembly, inspection. ;esting. at least one dimension not less than Smm. to long~. slender sources with both a minimum peration. maintenance, repair, and (3) The qualification tests for special fom length of 10 cm (4 m.) and a length to modification of components of packaging are the impact test, the percussion test, the minimum with ratio not less than 10. The which are significant to safety. As used in bending test, and the heat test. specimen shall be rigidly clamped in a this appendix. " quality assurance" comprise: (4) Specimens (solid radioactive material or honzontal position so that one half of its all those planned and systematic actions capsules) to be tested shall be prepared as length protrudes from the face of the clamp. necessary to provide adequate confidence normally presented for transport. The The orientation of the specimen shall be such that a system,or component will perform radicactis e material shall be duphcated as that the specimen will suffer maximum satisfactorily m service. Quality assurance clvsely as practicable. damage when its free end is struck by the flat includes quality control, which comprises (5) A different specimen may be used for face of a steel billet. The billet shall strike the those quality assurance actions related to each of the tests. specimen so as to produce an impact c ntr I f the physical characteristics and (6) The specimen shall not break or shatter equivalent to that resulting from a free quahty of the matenal or component to when subjected to the impact, percussion or verticle fall of 1.4 kg (3 lb.) through 1 m. The predetermined requirements. bending tests. flat face of the billet shall be 25 mm (1 in.) in

1. &y niz don.-The licensee " shall be (7) The specimen shall not melt or disperse diameter with the edges rounded off to a responsible for the establishment and when subjected to the heat test.

radius of 3 mm (0.12 in.) 0.3 mm (0.012 in.). execution of the quality assurance program. (8) After each test. a leaching assessment (4) // eat test: the specimen shall be heated The licensee may delegate to others. such as shall be performed on the specimen by a in a;r to a temperature of not less than 800* C contractors, agents, or consultants. the w ' k method no less sensitive than the methods (1472* F) and held at that temperature for a f establishing and executing the quality given in paragraph (c) of this appendix. period of to minutes and shall then be 888urance program. or any part thereof. but (b) Test methods. (1) Impact test: the alowed to cool. shall retain responsibility therefor.The specimen shall fall onto a flat. horizontal. (c) Leaching assessment procedures. authority and duties of persons and essentially unyielding surface from a height (1) For indispersible solid nuterial: rganizations performing activities affecting of 9 m (30 ft). (i) The specimen shall be ir amersed for 7 the safety.related functions of structures, P test: the specimen shall be days in water at ambient ter.perature. The systems, and components shall be clearly placed on a sheet oflead which is supported water shall have a pf f of 64 and a maximum by a smooth solid surface and struck by the conductivity of 10 mho/cin at 20' C (88* F). flat face of a steel bdlet so as to produce an (ii) The water with specimen shall then be impact equivalent to that resulting from a free heated b a temperature of 50* tS* C fall of 1. & ig (3 lb.) through 1 m (40 in 1 The (122* 9' F) and maintained a..his flat face of the billet shall be 25 mm (1 in.)in temperature for 4 hours. diameter with the edges rounded to a radius (iii) The activity of the water shall then be of 3 mm (0.12 in.) 2 0.3 mm (0.012 m.). The determined. " While the term " licensee" is used in these critena, the requirements are applicable to whatever design, f abncation, assembly and testing of the package is accomplished with respect to a package prior to the time a package approvalis issued. J 71-4 4 Aucmt 17,1970

PART 71

• PROPOSED RULE MAKING estabin,hed anJ

.eated in writing 1hese The hcensee sbail base the requirements activitws includt oth the pe rforming and procedures of his quahty assurance Design changes. inch. ding fmid char.ves. functiers of attaining quahty objectives and program on the.ollowira considerations shall be subject to design control measures the qualay assurance funrb)rw The quahts concerning the complexity and propnsed use commensurate with those apphed to the assurance functions are those of (a) assuring of the package and its components; onginal design. Changes in the con.htions that an appropnate quahty assurance (111he importance of malfunction or specified in the package appros al reqmre program is utabbshed and effectively f ailure of the item to safety; Lommission approval executed and (b) verdymg r.m h as by (2) The design and fabncation comp!exity 4 Procurement Donarent contm/ - chrcking, auJitmg. and mspa ction that or uniqueness of the item: Measures shall be estabbshed to assure that actiut:es affettmg the safcMelated (3) The need for special controls and applicable requirements of this part whith functions h we been corrrctly performed. Th surveillance oser processes and equipment; dre necessary to assure adequate quahty are persons and oraamzanons p rforming qualit (4) The degree to which functional suitably included or re ferenced in the assuranca f anctions shall h.n e suffiuent compliance can be demonstrated by documents for procurement of matenal. authonty and organizational freedom to mspection or test, and equipment. and seruces. whether purchased identify quahty problems; to initiate. (5) The quahty history and degree of by the hcensee or by his contractors or recommend or proude soluttors; and to standardization of the item. subcr ntractors. lo the extent necessary. the senfy implementation of solutions. Such The program sha 1 proside for licer see shall require contractors or persons and organizations performmg quaht. indoctrmation ar.J train.ng of personnel subcontractors to proude a quahty ass. ram e assurance functions shall report to a performmg activities affectmg quality as program consistent with the pertment manaprnent level such that this required necessary to assure that suitable proficiency provisions of this part. authonty and orgamzatmnal freedom. is achies ed and maintained. The h ensee

5. Instructions. Procedwes <ind includmg sufficient independence from rost shall review the status a id adequuy of the Drawings.-Activities affectmg quahis shall and schedule w hen opposed to safety quality assurance program at estabbshed be prescribed by dor.umented instructions.

considerations. are prouded Decause of the intervals. Management of other organizations procadures. or drawings.. type appropriate mans vanables msohed. such as the numbe participating m the quahty assurance to the circumstances and shall be of personnel the ty pe of at.tivity being program shall regularly resiew the status and accomihshed in accordance with the se performed, and the location m location, adequa. y of that part of the quality instruct ons. procedures, or drawmas. These where ac tiuties are perforr-ed, the assurante program which they are executing. shall include appropriate quantitaine or organizational structure for executmg the 3 Deswn Control-Measures shall be quahtatise acceptance cnteria for quality aqurance program m.i> take vanouq established to assare that applicable determming that importarit activities base forms prouded that the persons and regulatory requirements and the package been satisfactonly accomphshed. organizanons assigned the quahty assu.ance design, as spec ified in the hcense, for those

6. Document Control.-Measures shall be functions hau: this required authonty and materials and components to which this estabbshed to control the issuance of organizahona freedom brespectne of the appendix apphes. are correctly translated documents, such as mstructmns. procedures.

nrganizatumM structure. the mdiudual(si into specifications. drawings. procedures and and drawmgs, includmg changes thereto, assigned the responsibihty for assuring instructions. These measures shall mclude which prescnbe all activities affecimg effective execution of any por' ion of the prosisions to assure that appropriate qiiality quality. These measures sha!' assure that quahty assurance program at any location stamfards are specifwd and included in documents. including changes. are review ed where actaittes subject to this Appendix ar, design documents and that deviations from for adequacy and approved for release by being perfermed shall has e direct access to such standards are controlled. Measures authorized personnel and are distnbuted and ~ such lesels of management as may be shall be estabbshed for the selection and used at the location where the presenbed necessary to perform this function. reuew for suitability of application of activity is perforrred. Changes to documents a Quahty A ssurucce Pnwrom. The materials. parts, equipment. and processes shall be reviewed and appros ed by the same licensee shall estabbsh at the carbest that are essential to the safety-related organizations that performed the origmal practicable time, consistent wf th the schedul functions of the materials, parts. and review and approval unless the applicant for accomplishmg the actiuties. a quahty components o' the packaging. designates another organization. assurance program which complies with the Measures shall be established for the

7. Controlof Purchased Afuterial.

requiremen's of this appen<hx. The quality identification and control of design interfaces Equ pment, andServices.-Measures shall be assurance program shall ', documented by and for coordination among participating established to assure that purchased written procedures or ;istructions and shall design organizations. These measures shall material. equipment, and services. whether be carried out in accordance with those include the establishment of written purchased directly or through contractors and procedures throughout the period durmg procedures among participating design subcontractors, conform to the practrement which packagmg is used. The licensee shall organizations for the review. approval. documents. These measures shall include identify the material and components to be release, distnbution, and revision of provisions. as appropriate, for source cosered by the quality assurance program documents involving design interfaces. The evaluation and selection, objective evidence and the major organizations participatmg in design control measures shall proside for of quality furnished by the contractor or the program. together with the designed senfying or checkmg the adequacy of design. subcontractor, inspection at the contractor or functions of these organizations. The quahty such as by Le performance of desiga subcontractor source. and exammation of assurance program shall provide control ose reviews. by the use of alternate or simphfied products upon delivery. Documentary actnities affecting the quahty of the calculational methods, or by the performance evidence that material and equipment identified matenals and components to an of a saitable testing program. T he renfying or conform to the procurement specifications extent consistent with their importance to checking process shall be performed by shall be uvailable pnor to installation or use safety, and as necessary to assure indniduals nr groups other than those who of such material and equipmer.t. This i conformance to the approw J design of each performed the onginal desdn. but who may drumentary evidence shall be retam. d by er indindual package used for the shipment of be from thq same organization. Where a test be avadable to the hcensee and shal! Fe radioactne matenal. Actaities affer ting program is used to s enfy the adequacy of a sufficient to ident'fy the sp ofic requrem. nts quahty shall be accomphshed under suitably specific design fe;.ture in lieu of other met by the purchased material and controlled conditions. Controlled conditions u nf.s ing or chet kmg processes, it shall equipment. The effettneness of the < ontrol of include the use of appropriate equipment: inclade suitable qual hcatmn testmg of a quahty by contractors arH subcontrators smtabk e ns ironmental conat ons for pototype or sample unit ender the most shall be assessed by the licensee or deswnee artumpbhir.g the actiuty, swh as adequate adurse design r ondmors. Design control at intervals consistent with the important e. c!canness, and assurance that all measures shall be apphed to items such as complexity and quantity of the produe t or prerequisites fa the gisen actiuty b ne bcen the fMiming: cnticahts phyucs. radiation services. satisfmd. The pcpam shall take into accoung shmbhng. stiess. thermal hydraubc. and

8. /dentificotion and Contro/ vf Marcm /s the need for special cantrets. pror esses. test

.o eident analvses; cornpatibility of materials. Parts and Components -Measures sh Cl h. eqmpment. tools and skdis to attain the an esdaty for inscruce inspection. established for the identification anci i w M required quahty and the need for s enf a atto mamten mce and repair; features to facilitate of materials. parts. and components I he of quahty by i.sperimn and test dn ontamination. and delmeation of measures shall assure that identifmarmn of a< ceptante cr.tena for irspections and tests 8 50 7145 August 17,1979

PART 71 < PROPOSED RULE MAKING the item is maintained by heat number, r irt products, special protective environments, and reviewed by management having such as inert gas atmosphere specific responsibility in the area audited. Followup number orother aapropriate means either moisture conta-t levels and temperature action, including re-audit of deficient areas, on the item or on records traceable to the levels shall b-secified and provided. shall be taken where indicated. item, as required throughout fabrication,

14. Inspectisn. Test and Operating installction, and use of the item. These Status.-Measures shall be established to identification and control measures shall be indicate. by the use of markings such as desi ned to prevent the use ofincorrect or stamps, tags. labels, routing cards, or other b

defective materials. parts and components. suitable means the status of inspections and

9. Control of Specio/ Processes.-Measures shall be established to assure that special testa performed upon individual items of the packaging. These measures shall proside for processes, including welding, heat treating.

the identification of items which have and nondestructive testing. are controlled satisfacto'y passed required inspections and accomplished by quahfied personnel and tere. where necessary to preclude using qualified procedures in accordance inadveruat by-passing of such inspections with applicable codes standards, and tests. specifications. criteria, and other special Measures shall also be established for requirements. indicating the operating status of components

10. laspection.-A program for inspection of the packaging, such as tagging valves and of activities affecting quality shall be switches, to prevent inadvertent operation.

estabhshed and executed by or for the

15. Nonconforming Materials, Ports, or organization performing the activity to verify Components.-Measures shall be established conformance with the documented to control materials, parts, or cc.nponents

~ instructions, procedures, and drawmgs for which do not conform to requirements in accomplishing the activity. Such inspection order to prevent their inadvertent use or shall be performed by individuals other than installation. These measures shall include, as those who perfortned trie activity being appropriate. procedures for identification. inspected. Examination, measurements, or documentation. segregation, disposition, and tests of material or products processed shall notification to affected organizations. be performed for eact work operation where Nonconforming items shall be reviewed and necessary to assure quality. If inspection of accepted. rejected, repaired or reworked in processed material or products is impossible accordance with documented procedures. or disadvantageous, indirect control by

16. Corrective Action.-Measures shall be monitoring processing methods, equipment.

established to assure that conditions adverse and personnel shall be provided. Both to quality such as defidencies deviations, inspection and process monitoring shr le defective material and equipment, and provided when quality c3ntrol is iru _aate without both. If mandatory inspectit nold nonconformances, are promptly identified and corrected. In the case of a significant points, which reqaire witnessing or inspecting condition adverse to quality, the measures by the licensee's designated representative shall assure that the cause of the condition is and beyond which work shall not proceed determined and corrective action taken to without the consent of its designated representative, are required, the specific hold preclude repetition. The identification of the sigmficant condition adverse to quality. the points shall be indicated in appropriate cause of the condition, and the corrective documents. action taken shall be documented and

11. Test Control.-A test p rogram shall be estabbshed to assure that all testing required reported to appropriate levels of to demonstrate that the packaging management.

17. Quahty Assurance Records -Sufficient components will perform - atisfactorily in written records shall be maintained to furnish service is identified and performed in accordance with written test procedures evidence of ativities affecting quality.The records shallinclude the following: design which mcorporate the requirerrents of this records, rec- ' ' use and the results of parf nd the requirements and acceptance reviews, inspeus, tests audits, monitoring limits contained in the package approval.The of work performance, and materials analyses.

procedures shall include provisions for The records shall lso include closely-related assuring that all prerequisites for the given data such as qualifications of personnel, test have been met, that adequate test instrumentation is available and vsed, and procedures, and equipment. Inspection and test records shall. as a minimum, identify the that the test is performed under suitable environmental conditions. Test resalts shall inspector or data recorder, the type of be documented and evaluated to assure that observation, the results. the acceptability, and the action taken in connection with any test requirements have been satisfied. deficiencies noted. Records shall be

12. Controlo/ Measuring and Test identifiable and retrievable. Consistent with Equipment.-Measures shall be established arplicable regulatory requirements, the to assure that tools gages, instrumen's, and other measuring and testing devices used in licensee shall establish requirements activities affecting quality are properly concerning record retention. such as duration, I canon, and assigned responsibility.

controlled. calibrated, and adjusted at its.-A c mprehensive system of specified times to maintain accuracy within planned and periodic audits shall be carried necessary limits. ut to verify compliance with all aspects of

13. Handling. Storoge and Shipping.-

he quality assurance program and to Measures faall be established to control the determine the effectiveness of the program. handling, storage, shipping. cleaning and The audits shall be performed in accordance preservation of materials and equipment to with the written procedures or check lists by be used in packaging in accordance with appropriau ly trained personnel not having r-n instructions to prevent damage or direct responsibdities in the areas being q- ] 1 deterioration. When necessary for particular audited. Audited results shall be documented 71-4 6 t ugmt I7,1979

PART 73

• PHYSICAL PROTECTION OF PLANTS AND MATERIALS (b) Plausical barriers. (1) The licensee (4) Access to vital areas and material continuously manned central alarm sta-shall locate vital equipment only within access areas shall be limited to indi-tion within the protected area, who shall a vital area, which, in turn, shall be lo-viduals who are authorized access to vital be capable of calling for asststance from cated within a protected area such that equipgnt r special nuclear material other guards and watchmen and from access to vital equipment requires pas-and who require such access to perform local law enforcement authorities.

sate through at least two physical bar. their duties. Authorization for such indi-(2) The alarm stations required by riers. Afore than one vital area may M viduals shall be provided by the issuance paragraph (d)(1) of this section shan within a single protected area. of Epecially coded numbered badges indi-have conventional telepnone service for (2) The licensee shall locate material cating vital areas and material access communication with the law enforce-access areas only within protected areas areas to which access is authorized. Un-ment authorities as described in para-such that access to the material access occupied vital areas and material access graph (e)(1) of this section. area requires passage through at leest areas shall be protected by an active in-(3) To protide the capability of con-two physical barriers. Afore than. ne tmion alarm system. tinuous communicr. lion, two ' af rad o material access area may be within a C. Individuals not employed by the voice communication shall be utaNmhed single protected area. licensee shall be escorted by a watchman, in addition to comentional telephone (3) The physical barrier at the pe-or other individual designated by the service between lacrd law enforcement rimeter of the protected area shall be licensee, while in a protected area and authorities and the faciHty and s hall separated from any other barrier desig-shall be badged to indicate that an escort terminate at, the facuhy in a continu-nated as a physical barrier within the is required. In addition, each inellvidual, ously manned central alarm stat ion protected area, and the intervening not employed by the licensee shall be re m within the pmtected area. space monitored or periodically checked qu! red to register his name, date, time, ; (4) All communications equipment, to detect the presence of persons or ve. pucose of visit, employment afnliation, including offsite eqmpment, shall remain hicles sc that the facility security organi-citizenship, name and badge number of { operable frorn independent power sources m zation can respond to suspicious activity the escort, and name of the individual to o in the event of low of primary powcr. ~ or to the breaching of any physical bar. be visited. Except for a driver of a deliv " (f) Testin g and maintenance. Ctch

rier, ery or service vehicle, an individual not licensee shall test and maintain intrus!an (4) An isolation zone shall be main-employed by the lleensee who requires alarms, emergency alarms, communica-tajned around the physical barrier at the frequent and extended access to a pro-tions equipment, physical barrkrs, and perimeter of the protected area and any tected area or a vital area need not be other security related devices or (quip-part of a building used as part of that escorted provided such individual is pro.

ment utthzed pursuant t.o this section as physical barrier. The isolation zone shall vided with a picture badge, which he foHows; be monitored to detect the presence of must receive upon entrance into the pro-(1) All alarms, communicatlons caufp-individuals or vehicles within the zone so tected area and which he must return ment, physical barriem, and other secu-as to allow retponse by armed members each time he leaves the protected area, rity related devices or equipmcnt shnH be of the licensee security organization to which indicates (i) nonemployce-no maintained in operable and alectivo be initiated at the time of penetration escort required. (11) areas to which acceu condition. of the protected area. Parking facilities, is authoritet and (111) the period for (2) Each intrmion ala r m shall be g both for employces and visitors, shall be " which access has been authorized. functionally teoted ior operabnity nnd - located outside the isolation zone. (6) No vehicles used primarily for the required performance at the in rinnmg C (5) Isolation rones and clear areas be. O convevance of individuals shall be per-and end of each interval duri: *uWh 2 tween barriers shall be provided with 13. c mitted within a protected area except it is used for security. u t not :em 't - lumination suHicient for the monitoring " under emergency conditions. quently than once etc*y reven m d, ' % required by paragraph (b) (3) and (4) % '7) Keys. locks, combinations, and re. (3) Communications u;ulpmont fiuM of this section, but not less than 0.2 foot lated equinment shall be controlled to te tested for operabmt and p. rfor:n-ca ndles. minimize the possibility of compromise ance not less frequently than ome at th, (c) Acce's requirements. The licensee and promntly changed whenever there is beginning of each cunty pc xn ci e shall control all points of personnel and evidence that they have been compro- _. work shif t. Vehicle access into a protected area, in. mised. Upon termination of employment cluding shipping or receiving areas, and of any emplovce keys, locks, combina-(R) Response requirement. t I > Th" I: into cach vital area. Identification of per-tions, and related equipment to which censee shall haw a s afe guarti.s cont m-sonnel and vehicles chall be made and that employee had access shall be gency plan for deahng viit h t hrrats authorization shall be checked at such changed. thefts, and industrial sabohme rela'ed points. (d) Detection afds. (1) All alarms r' - 2 to the special nuclear material and nu (1) At the point of personnel and ve. quired pursuant to this part shr'l an-E clear facilities subject to 'h" pr mi-hicle access into a protected area, all in. nunctate in a continuously manned cen-2 slons of this section. Safeguards ron-dividuals, except employees who povess tral alarm station located within the : tingency plans shah b, in accord tnce an N RC or i R DA personnel security dearance, protected area and in at least one other m with the criteria n Appene C et i hL and all handurried packages shall be continuously manned station, not neces- ' part, "Licenve Fa fo;uards Contim?"n-searched for devices such as firearms, ex-sarily within the protected area, such cy PlansJ plosives, and incendiary devices, or other that a single act cannot remove the ca-(2) The licenser chail eM abh>h and items which could be used for industrial pability of calling for assistance or other-document liaison with law e n f ort i - sabotage. The scarch shall be conducted wise responding to an alarm. All alarm: cither by a physical search or by the use shall be self-checking and tamper indi- -ment authorities. of equipment capable of detecting such cating. The annunication of an alarm at doites I mploy ees who poweu an NRC or the onsite central abrm station sha!1 i RDA perwnnel wcurity clearance shall be indicate the type of alarm (e R.. Intru. searched at random intervals. Subse-sion alam, emagency un alam. e u e and location. Allintrusion alarms emer-quent to search, drivers of delivery and "#*** " " " 8I *' """ service vehicles shall be escorted at all times while within the protected area-line supervisory systems shall at mini-mum meet the performance and relia-

32) All packages being delivered into the protected area shall be checked for bility levels indicated by OSA Interim Federal Specification W-A-004 50 13 proper identification and authorization.

(OS A-FSS). Packages other than hand-carried (2) All emergency exits in each pro-packages shall be searched at random tected area and each vital area shall be intervals. alarmed. (3) A picture badge identification sys-(e) Communication requirements. al s tem shall be used for allindividuals who Each guard or watchman on duty shall are authorized access to protected areas be capable of maintaln!ng contlnuous without escort. communication with an individual in a h uk' C>' 4 1.1 K 73-7

PART 73

• PHYSICAL PROTECTION OF PLANTS AND MATERIALS t.

Upon detection of abnormal pres-ment his plan and comply with all of tions, of several persons with the ence or activity of persons or vehicles the provisions of this section as soon as following attributes, assistance and within an isolation zone, a protected practicable af ter NRIt approval of his equipment : #ii Well-trained < including area, a ma'crial access area, or a vital plan but no later than i et,ru.iry 23,1979? military training and skillsi and dedi-area; or upon evidence or indication of Each applicant for a license to operate cated individuals, till inside assistance intmslon into a protected area, material a nuclear power reactor pursuant to Part which may include a knowledgeable in-access area, or vital area, the licensee 50 of this chapter whose application was dividual who attempts to participate in security organization shall: submitted prior to February 24, 1977 both a passive role (e.g., provide infor-(1) Determine whether or not a threat shall submit by May 25, 1977, an rnation) and an active role s e g., fa-

exists, amended physical security plan describ-cilitate entrance and exit, disable alarms (tli Awess the extent of the threat, if ing how the applicant plans to comply and communications, participate in vio-

"" Y' with the requirements of this section in-lent attacki, 41111 suitable weapons, up nt m Ires r cut a i t th eat - cluding schedules of implementation. If to and including hand-held automatic (A) Requiring < ponding guards' to sh I wenpot's, equipped with silencers and { Interpose themselve s between material comply with the requirements of para-having effective long range accuracy, j graphs a b e, (d i, < f 1, < g i, and s h i of this (ivi hand-carried equipment, including dve ar ttem tir g ent rt pr 0 pose of thef t of specist nuclear material 5 section, except.or construction and in-incapacitating agents and explosives for stallation not already in place pursuant use as tools of entry or otherwise de-or industrial sabotage and to intercept :a to paragraphs (d ) (li, (d > t. e, (d > s 8 6, i f) stroying the reactor integrity, and any person exiting with special nuclear material, and, O <36 and t h > < 4 >, by May 25,1977, or on a2p An internal inreat of an insider, ( II) Informing local law enforcement the date of receipt of the operating 11-including an employee <in any positioni. agencies of the threat and requesting conse, whichever is later, and implement In meeting these general perforcance u .t e. hia plan and comply with all of the re-requirements, the onsite physical protec-assis r '4)? The licensee shall instruct eury quirements of this section by I ebruary 23, tion system and security organization guard to prevent or impede attemptea 197Por on the date of receipt of the ep-shall include, but not necessarily be lim-ncta of thef t or industrial sabotage by erating license whichever is later. Each ited to, the tapabilities to sneet the spe-using force sumcient to counter the force applicant for a license to operate a nu-cific requirement.; contained in parL-clear power reactor pursuant to Part M graphs abi through t h e of this section. directed at him including deadiv force when the guard has a reasonabN belief fnitte "" "U after Fe r ry 4 977, h 11 11 - = C "E ## proWe mam for lt is necessary in self-defense or in the clude in the physical security plan re-2 y efense of others. quired by : 50.34 5 c i the information 3 protection agann, industrial sabotage d ther than those required by this sec-identifled in paragraphs t ai through th) c - th) 11y (120 days af ter t he rule be-of this section and if such applicant re a tion a,f the applicant or licennee demca-ceives an operating license, shall comply ; strates miat the overall level of system comes effecti,e) each heensee shall performance provides protection against submit a training and quahfications with the provisions of this section on re- "" C4" plan outlining the processes by w hich ceipt of the operatir:- license. guards, watchmen, armed response which would be provided by paragraphs persons and other members of the se- ~ Except for indinduals for whom er 1 ron t re re s curity organit.ation w ill he select ed, the hcensee has a well-grounded sus-paragraph ia n of this section. Specifi-trained, eqm.pped, tested. and quah-picion that such individuals are carrying cally, in the special cases of licensed op- ~ ficd to assure these indisiduals meet firearms. explosives or incendiary de-eratmg reacters with adjacent reactor the requiremeryts of paragraph (aH 4) vices, a licensee need not tmplement the power plants under construction the 11-7 of this section. I he triunmg and quali-physic.al search requirement of para-censee shall provide and maintain a leul fications plan shall meinde a schedule graph (di(1) of this section for indi-of hysical protection of the operatmg to show how all sceunt y personnel will viduals u ho are re;rular employees of the g g g 7 be quahfied by (within 2 years af ter licensee at t.he site at which the licensee g gg gg is authorized to operate a nuclear power the rule becomea ef fectise) or within ~ wa tor two years af ter t he submitted plan is h"""*nuunt to Pan So ot Hud haMer unal The ' L I#A 1 '"*" t he ( ""E a ppi oved, w hiches er is late r (1) The licensee shall establish a secu-training and quahfications plar$ shall mission directs oonerwise prior to that e date. Until that date and pending its rity organization, including guards, to be followed by t he licensee af ter (180 pr t his facility against industrial h further review of this sub.iect, the Com-da)s af ter the rule becomes ef fectne) or tiO days af ter the submitted phin is mission has determined that the search (26 At least one f ull time member of approsed by the N1W. w hicheter is requirement of paragraph (d> < 1) of this the security organization w ho has the later. section, implemented usmg only equip

• authority to direct the physical security L

ment capable of detecting firearms. ex-activities of the security organization r-I N 73.M lie.piirymeni for phpiegl pr"- plosives and incendiary devices, satistles shall be onsite at all times. iion of in en ed uthitw (n the performance requirements of this (3) The licensee shall establish. main-nu. tain and follow written security pro- !.fi. e section as they apply to searches of regu. er cedures which document the structure lar employees of the licensee at the site of the security organization and which Each licem ee w ho is authorized on ent.ering the protected area of the nu-detail the duties of guards, watchmen. February 24. 1977, to operate a nuclear power reactor pursuant to Part 50 of this clear power reactor. and other individuals responsible for ments of paragraphs ab: idi. if). igl. performance ren. ire. -"'sec urity. chapter shall comply with the require h f ai General and(hn of this secten, except for any 6 ments. The licensee shall establish and requirement involNag construction and ; maintain an onsite physical protection installation of e tuipment not already in 3 system and security organization which place expreseed in paragraphs (d > (1), = will provide protection with high assur-id i (7 8, idli88 ifii3p and thii4i), by - ance against successful industrial sabo-May 25,1977. The hcensee shall submit O tage by both of the following: by May 23.1977, an amended physicall (1) A determined violent external as-security plan describmg how F.icensee l sault, attack by stealth, or deceptive ac-will comply with all of the requirements of this section includmg schedules of im-

• Tmended a 3 i R 347e.

t HeJeumated 4 3 i R 1 l'N , plementation. The licensee shall imple-l Amended 44 i H 47758 O 'C7 0 .) J J August 17,1979 73-8

PETITIONS FOR RULE MAKING

1. Two of the existing commercially.

disposal of low level waste. A number of that directly affect users of byproduct operated low level waste disposal sites have studies are ongoing by NRC. USGS. EPA. materials in the field of nondestructive experienced migration of radionuchdes away DOE. and State agencies to more compt" ely testing. The petitioner stated also that from burial trenches. less than 15 years after assess the geohydrological character 6ics of since the field of nondestructive testing wastes were buned. the burial s.tes. These studies as well as a is large in scope, the members of the

2. Esidence from one commercial disposal number of other studies are being factored

• eview group should be selected from site suggests that plutonium has migrated into NRC developmant of a comprehensive the manufacturers and users of from the burial site to surrounding areas.

regulation.10 CFR Part 61. goverrung the byproduct materials representing

3. The six existing burial sites were managment and disposal of low level waste.

Industrial radiography, gauging, and oil selected without adequate study of the included in this regulation will be specif c geological, hydrological, topographical. and requirements on waste form, disposal fauhty welllogg ng industries. metcorological conditions of the areas in sitmg. dnien and operahon: monitoring: ar.d fiasis For Request which the s.les were located-site closure, funding and long term care.

4. Enviroivnental monitoring programs at NRC's Division of Waste Management Office As the basis for the petition. the several existing wasm disposa! sites are of Nuricar Material Safety and Sifeguards, petitior:cr stated:

seriously inadequat' has prep. ired a technical position on

5. Improper practic e at existing bun. l W thin the past few years. It has become a

requirements fo* site closure and sites hase been corrected only extremely ' " E' * " slowly and sometimes not at all. stabihzation. Thu.echnical position is be ing .0. A radioactive liquids storage tank at one inco porated into the licenses for the three "P"" c nsensus Me disposal site has already been the subject of dispuul facihties currently open. Addinonal certain W l svions are planr.ed cos ering Industry that this is caused I sabotage or vandalism. individuals within the bun : racy writing

7. Plans and funding arrangements for long-other aspects of low lesel waste disposal term surveillance of the disposal sites are oparations regulations and not being familiar with the

.Ihc response also cr.knowledges that 0) industry. m ia t unalgroi n s WDA (now DOE) has an ongoing policy We feel that this petition is necessary and

8. No site selection criteria or other whereby TRU wastes are retrieubly stored.

that this approach will serve to educate both standards governing the operation of low and f 2) the AEC in tr4 proposed a rule the industry and the U.S. Nuclear Regulatory lesel waste burial grounds currently exist. proldbitmg burial of commercially-generated Commission.

9. He U.S. Energy Research and TRU waste but riever rna.de this mie fma!. As The industry's objective is to maintain a Development Administration (ERDA) 8which discussed in the response. NRC, as to lia son with the U.S. Nuclear Regulatory operates burial grounds for the low level replace this proposed 19'4 *mU..e with a Commission and to indicate to the U.S.

radioactive waste generated by the Federal oposed waste classification regulation used Nuclear Regulatory Commission what is Government has prohibited the bunal of io determine the types of wastes--including waste contaminated by transuranic elements, but not limited to TRU wastes--that can be considered necessary and unnecessary in ERDA currently requires storage of such disposed of by different methods. relationship to regulations. waste so that it can be retriesed within 20 Today. the only commercial disposal site Request for Comments on Petition years. soll accepting small quantities of TRU waste m %e Atomic Energy Commission for shallow land burialis the site located in A notice of filing of petition for rule proposed regulations prohibiting the burial of the center of the llanford R rervation near making was published in the Federal transuranixontan.inated waste at Richland. Washington. Na public health and Register oo September 14.1978 (43 FR commercial burial grounds in Sep' ember safety problems have been identified with the 41100).The comment period expired 1(r74, but never made these regulations final. operation of the commercial site. Disposal of November 13,1978. Four letters of The detaded NRC staff response to each of plutonium waste is under independent review comment were received in response to these 10 adegations is available for pubhc by the NRC staff as part of their review of a the notice.Two letters endorsed the inspection in the Commission s Pubhc renewal application for daposal of SNNf Document Room (1717 il Street NW. waste at the site" n as submhd. One 1e agM washington. D.C. 20555). The staff response with the petitinner's reasons for the notes that six of the 10 " allegations of fact-need to review regulations but indicated INumbers 1. 3. 4. 5. 7 and 8) made by the that establishing a Commission review petitioner specifically reference a report to board is an unnecessary addition to the Congress by the Comptroller General of the h44 FR 45495 United States (" Improvements Needed in the increasing staff of the Commission and Pubbshed 8/2/79 Land Disposal of Radioactive Wastes-A should not be employed. One letter Problem of Centuries. General Accounting stated a few membecs nfits association Office (GAO). january 12.19~0). NRC staff IDocket No. PRM-7-11 do not believe the proposed review responded to the findmgs and t>oard would be productive, but a recommendations of this CAO report by Non Destmetive Testing Management majority feel that such a review board letter to the Comptroller Cencral dated April Association; Denial of Petition for Rule would be beneficial. 2.1r6. htany of the issues raised in the Making petition, a!!cgations. and CAO report were NRC Staff Actions W t Pe es r on alf f the The NRC strongly encourages public orce I rt Nt R 21. n e used i loput ! ar development of the NRC low level Non Destructive Testing Management participation and input throughout the radioa ctive waste management program Association. filed with the Nuclear NRC s rule makmg process. The NRC whict' was publ shed as NUREG-0240. Regulatory Commission a petition for publishes Federal Register notices. The s'aff response notes that although rule making (PRM 7-1). issues public announcements, holds there have been occurrences where sites has e contnbuted radioactisity to the local The Petition public meetings if deemed advisable. and takes other actions designed to environment. at no s;tes have these occurrences constituted a threat to the pubhc The petitioner requested the notify and invite all interested persons health and safety. He occorrences however' Commission to form a review board who desire to submit written comments have indicated a need for more specific made up of responsible members of the or suggestions for consideration in criteria and standards for management and industry to review all pertinent connection with a proposed regulation regulations and to clarify positions of to send them to the NRC. the industry prior to issuance of all new In addition. the NRC staff has adopted regulations. The petitioner stated that procedures expected to result in a 8th UA Department of Energy (DOEl. the petition is related to all regulations broader spectrum of public comment on h jhd PRM-45 August 17,1979 1

PETITIONS FOR RULE MAKING stated that a measurement at 5 proposed amendments to NRC as requested in the petition. centimeters from the surface and regulations and better assurance of A copy of the petition for rule makm.g averaged over a cross-sectional area of licensee awareness of and compliance and copies of the letters of comment and with effective NRC regulations. the Commission's letter of demal are 10 centimeters is possible to make with common vailable instruments The procedures carry out NRC policy available for public inspection ut the established November 20.1978. that all Commission,s Public Document Room at substantive proposed and effective 171711 Street NW. Washington, D.C. present regulation results in inconsistent measurements between people using regulations will be mailed to affected different size detectors. At times these licensees and other known interested inconsistencies have resulted in persons. " Interested persons" include, disagreements over whether a x 58 3 for example, standards writing groups, radiographic exposure device met the b shed 8/3/79 trade associations, trade publications requirements of i 34.21. hkely to be read by affected licensees. [ Docket No. PRM-34-11 The petitioner also filed a petition for public interest groups, persons wh rulemaking (PRM-20-0) for a similar commented on a proposed rule, and Tech / Ops; Denial of Petition for change in i 20.205(c)(2). which deals other persons who have expressed an Rulemaking With Regard to the with allowable radiation levels for interest in the regulation being issued-Surface Radiation Level Lirnit for packages to be transported.This ~ amended, or rescinded. Radiographic Exposure Devices petition was denied on April 13,1970 (44 FR 22232). Under this policy, the NRC contact Notice is hereby given that a petitr.on The staff has considered the listed in the Federal Register notice of f r rulemaking, submitted to the Nuclear advantages and disadvantages in proposed or final rule making will be Regulatory Commission by letter dated changing the radiation exposure level responsible for designating the Ap

15. m77, by Tech / Ops. Radiatten limit in i 34.21 from 200 milliroentgens addresses to whom the notice wil b Pr ducts Dm,sson. 40 South Avenue, per hour at the surface to 100 mailed and coordinating the maili ig o, Burlington Massachusetts,has been milliroentgens per hour at a distance of demed. The petition requested the NRC 5 cendmeten 7 rom t3e sur7 ace o7 In keeping with this NRC policy, all to amend ita regulations in 10 CFR Part radiographic exposure devices. It has interested persons who desire to receive

34. " Licenses for Radiography and been concluded that such a change proposed and effective regulations are Radiation Safety Requirements for w uld not be advisable based on the invited to send their names, addresses.

Radiographic Operations." This petition "8 ' " '"U "8 and areas of interest to the U.S. Nuclear is being denied by the Executive N aMng b swsW changdn Regulatory Commission. Washington. Director for Operations in accordance Part 34 while not making the D.C. 20555. Attention: Distribution with 10 CFR 1.40(o). Services Branch (ADht/DSD). DDC. The petitioner requested the NRC to mean that ra7iographi e posu e All persons who submit substantive revise 10 CFR 34.21. " Limits on levels of devices shipped without an overpack comments on a pr6 posed regulation can radiation for radiographic exposure would have to meet two different identify their comments and the NRC devices and storage containers." to read requirements for limits on radiation staff responses to their commenta in the as follows: levels. Changing only Part 34 would not comment analysis prepared in With he sealed source in the shielded or solve the petitioner's problem because connection with the effective regulation. "off" position, radiographic exposure devices the devices 'vould still sometimes be This public comment procedure provides and storage containers for sealed sources covered by Part 20 while being ample opportunity for all interested shall have no radia tion level in excess of 100 transported. In addition, added persons. includmg industry, to submit to mi.firoentgens per hour at five centimeters complexity and confalon would result the NRC their views on the values, from any aterior surface of the device and from having two different sets of to milliroentgens per hour at one meter from impacts administrative burdens, costs. any exterior surface of the device. 9 and other aspects of proposed compliance with the exposure limits shall be (2) The proposed change would regulations. determined by measurements averaged over require licensees to use specific types of Only after thorough consideration of a cross sectional area of ten square radiation detection instruments with relevant matter presented does the NRC centimeters w'th no lmear dimension greater small diameters cr.d limited sensitive than five centimeters. volumes; e.g., it would eliminate the use publish in the Federal Register rotices ofi nization-chamber instruments for. of adoption of effectivoregulations that A notice of filing of petition. Docket surface radiation level measurements. Include responses to the substantive No. PRht-34-1. was published in the comments received. Federal Register on hiay 19.1977 (42 FR hiany licensees would have to purchase d8 for D 'I 25787).The comment period expired July replacements for their present 18,1977. No public comments were m nitoring instruments. In addition, it The Commission has given carefal received on this petition although 6 w uld require monitoring personnel to consideration to this petition for rule comments were rer6ved on a similar keep the center of the sensitive volume of the detector at 5 centimeters from the making (PRh17-1) and hos decided to petition (PRht-20-9) to amend Part 20. surf ce.The current practice is to place deny the petition on the grounds that The petitioner said that it is not an instrument detector touching the NRC policy and procedures for direct possible to measure radiation exposure surface of the device and pass the distnbution of proposed and effective levels exactly on the surface of a detector over the device surfaces to amendments of NRC regulations to radiographic exposure device using a

• • sure ev n ead surface b licensees and other interested persons:

detector of finite size. It is also not within the limit. This present method is (1) Fully satisfy the objectives set forth possible to measure the radiation 81mpk eady udntood and abws in the petition: and (2) Assure that exposure level at each and every point the use of any type radiation detector. affected licensees and applicants are on the. surface with a finite size detector aware of all proposed and effective because the detector must necessarily re on o ld ae R regulations of a substantive nature, average the radiation exposure over the tegulations inconsistent with without the need to form a review board volume of the detector.The petitioner Department of Transportation h jhj PRM-46 August 17,1979

PETITIONS FOR RULE MAKING regulations.This would cause a In view of the foregoing the NRC p,"ductwn and shut down. tu proint e e

• d I"dY 0""

hardship on NRC licensees with little hereby denics the petit. ion (or Ac ofeiy. t'p.m ruent 13 the o resuIUng beneM rulemaking filed by Tech / Ops on April c,mmisuon or tis Awomtres from 6 (4) A change /m the regulations would 15.1977. Copies of the petition for r~ponui.'e Federal wency or & p.,nment of require people to learn and use a new rulemaking and the NRC's letter of an announcement tnt the utv< is no longer measurement technique which,s not as i denial are available for public p >se a present daner of f=1hng on the area simple as the existing technique and inspection in the NRC's Public onguwuy designated. :be Commwun or its offers no real improsement in health or Document Room at 171711 Street NW., ^ PP"""" "d F d"?P"""" safety. Washington. D.C. P""p"e"n'tionar st** the f"L w em as a flowever, the staff recognizes the Th potential difficulty certain licensees may ham for the petiw have in interpreting the regulation in 10 1he bass. of this us the Sk)L h mtus:iun CFR 34.21 as to e Sther a precise w hrre an m bitmg utytt or oLp:s r,f determination of surface rudiation level h 44 FR 47397 conederable sire are espected to fall tu caith is required. Published 8/16/79 m!th conuderade force in the con.ing wrek. In a letter to the petitioner dated Comment paood expires 10/i/79 pmitwner behe.es a reactor net in operation ",4 he mo-e eady con'miled December 5,1977, the staff stated. "As ob:ect from earth orht str:kes !n even it or as with any regulation, the (safety) limits I PR M-50-24 ] awa.nment buildmg and satelhte buddings g e met ds of de o rt John F. Doherty: Fihng of Petition for t e in o e t t eime f the f Iling compliance with these limits are usually . uie g pwedure such as the proposed shou!J tw left to the regulated person. Any method Notice is hereby gisen that Mr. lohn F. avadable and used in the event of a future which provides a reasonable Doherty. an mdnidual f:om llouston. s ytA hke intuanan demonstration of compliance will be Texas, has fded with the Nu car accepted. !n most cases exact measured Pegulatory Commission a pehtion for A copy of t.ae petition for ru,ie makmg values are act required." rule making. dated [ulv 0.1979. is available for public inspec tion in the The staff indicated that precise captioned "Objocts Fdlling From Earth Commission's Public Document Roem. measurements exactly on the surface of Orbit.. 17t711 Street N W, Washington. D C. A the packages are not necessary nor The petitioner requests the copy of the petation may be cbramed by required under 10 CFR 34.21. Commission to establish procedures w ntmg the Division of Rides and Measurements at some distance from whereby the Commission would " Records at the bdow address the surface are acceptable ifit can be inform all holders of Class 101licences All persons wl.o desire to submit shown from the measured value that the of any announcement by any Federal w ntren comments or suggeshons radiation level on the surface is likely to agency or department of predicted or concerning the petition for rule malm meet the regulatory limit. expected falhng objects from earth orbit shm.ld send their comments to the The petitioner also suggested that the of that departn ent or agency's Secretary of the Commission. U.S. radiation levels be determined by responsibihty or a foreign nation's. Nuclear Regulatory Commission, measurements averaged over a cross-The petitioner states further: Washington. D.C. 20555. Attention. sectional area of 10 square centimeters "N "" with no linear dimension greater than 5 The duty shall censist of tha ins' notwe N ber 1. In c d to continue to inferm and advae said centimeters.The staff believes that the i,er sees untd a predstmn of the mmt hkely For further information contact. l. M. averaging of radiation levels over the to fan area or aren can be made by % Fdton. Director, Division of Rules and cross-sectional area of a probe of n.sponsible department or ageery. Records. Office of Administration. U.S. reasonable size is acceptable for At the time the most hkely to fall area has Nuclear Regdlatory Commission. demonstrating compliance with the Ocen determmed. the commmnon or its Washington. D C. 20555. telephone 301-requirements specified in 10 CFR 34.21. Appointees shall addse said hiensees who 492-7211. A probe of reasonable size is one for opera,- : Le most hkety to fall area to which (1) the sensitive volume of the amge for shutdown of the production 'h' Y 'h I h* I" th' '* P"d I' U *'- Y probe is small compared to the volume The arrangements and procedures necessary $44pg47993 of the package to be measured and (2) I"' N' S #" thelargestlineardimension of the Published 8/lG/79 for shutdown may include preparatmns for a sensitive volume of the probe is no temporary halt in refuehng operattun. Comment penod experes 10/15/79 greater than the smallest dimension of notification of other production facihties of the device. the licensee of increased power demand for a [PR M-73-51 The staff recognizes that this interim temporary penod, and any other activilles guidance will not completely solve the deemed advisable in view ofindmdual Edlow International Co.: Filing of petitioner's problem. The problem will brenseen by the commission-Petition for Rule Making be dealt with in more detail and in a in the event. the responsible Federal agency or department makes a final Notice is hereby given that Mr. more appropriate manner and time det rmin4 tion of the a ea where ob rus wal Samuel Edlow. President. Edlow i when design critena for radiographic fall that includes said licenwes the International Company. by letter dated exposure devices are considered. An Commission or its appointees. actmg on the lune 29,19~9. has filed with the Nedear advance notice of proposed rulemaking bam of predictions of obier.t sire. coher Regulatory Commission, a petition for on design criteria was published for previously made or announced at that time rule making to amend the Commission's pubhc comment on March 27,1971(43 by the respons2ble Federal agenc> or regulations " Domestic Licensing of Federal Register 12718). Publication of depu reent sha!! determine if such ob ette e i M Eh Mhid" 10 CFR Part ' "Id the final design criteria for commen; is g 3.""*P""*"d'jly""> '"""nment structure of d MMe planned for 1980. The design criteria will f n 'Nsih Ny the Commismn or its and Matenals." 10 CFR Part 73 include how measurements should be Appointees such penetration he posuble if an The petitioner requests the made to assure compliance with Parts 20 ob ect fa!!ing from earth orbit were to strae a Commission to amend il 70 20a(aj, i and 34 of NRC regulations. c onumment cree,,e a in em, e f,iohty. 70 20a(d)(1), and 70 20a(d)f 2) to change 1

g PR M-47 t

August 17,1979

PETITIONS FOR RULE MAKING the references "73.30 through 73.36" to read "73.30 through 73.37", The petitioner also requests the Commission to amend i 73.37(a) and Apt mndix D of Part 73 by changing the words "Each licensee who transports or delivers to a carrier for transport irradiated reactor fuel" to read "Each licensee who transports irradiated reactor fuel" As a basis for the petition, the petitioner states that: The effect of these propused arnendments would be to make the new Part 73 physical sm urity requirement during transport of spent fuel shipments consistent with the philosophical approach applied to shipment of SSNM in other forms. When see ion 70.20a became effective lune 7.1979. it as Ted to place the responsibdity on the carn r to provide the physical security required during transport. This new approach esduded spent fuel because, at that time. the Cor mssion had not yet concluded that spent fuel required physical security during the transportatiori cycle. When the Commission determined to require physical secunty for shipments of spent fuel. consistency would have been best sened had it acted to evend the general hcense to include spent fuel as a new material under parts 73.30 through 73 36. The action of the Commission effectively sersed tu remose the prior esemption of spent fuel from the matenels named in parts 73.30 through 73.36. Instead. the amendments to Part ~3 wha h become effective ]nly 16. plate the nnus for providing phpical secunty for spent fuel donng transport on the shipper rather than en the carner. M the instance of all other SSNN1. the onus is on the carrier rather than the shipper. It is dear that this inconsisteng should be corrected. and it is m this interest that we petiton for the amendments as listed. A copy of the petition for rule makmg is available for pubhc inspection at the Commission's Public Document Room. 1717 ll Street. N.W., Washington. DC. A copy of the petition may be obtained by writing the Division of Rules and Records at the below address. All persons who desire to submit wntter comments or suggestions concerning the petition for rule making should send their comments to the Set.retary of the Commission. U.S. Nuclear Regulatory Commission. Washington. DC 20555. Attention: Docketing and Service Branch by October 15.1979. l'or further information contact: 1. M. Felton, Director. Division of Rules and records. Office of Administration. U.S. Nuclear Regulatory Commission. Washm ton. DC 20ES. telephone 301-s > 4 C 492-7211. O August 17,1979 PRM48

REGULATORY GUIDES Number Title Date Revision 1.143 Design Guidance for Radioactive Waste Management 8/78 Systems, Structures, and Components Installed in Light-Water-Cooled Nuclear Power Plants 1.144 Auditing of Quality Assurance Programs for Nuclear Power Plants 1/79 (Comments requested by 3/30/79) pl.145 Atmospheric Dispersion Models for Potential Accident 8/79 Consequence Assessments at Nuclear Power Plants t 8 358 RG-9 August 17,1979

REGULATORY GUIDES DIVISION 2 REGULATORY GUIDES RESEARCil AND TEST REACTORS O Number Title Date Revision 2.1 Shield Test Program for Evaluation of Installed Biological 5/73 Shielding in Research and Training Reactors 2.2 Development of Technical Specifications for Experi-11/73 ments in Research Reactors 2.3 Quality Verification for Plate-Type Uranium-Aluminum 7/76 1 Fuel Elements for Use in Research Reactors 2.4 Review of Experiments for Research Reactors 5/77 0-R 2.5 Quality Assurance Program Requirements for Research 10/77 0-R Reactors 2.6 Emergency Planning for Research Reactors 1/79 (comments requested by 4/6/79) 8 359 O O February 9,1979 R G-10

REGULATORY GUIDES DIVISION 3 REGULATORY GUIDES FUELS AND MATERIALS FACILITIES Number Title Date Revision 3.1 Use of Borosilicate-Class Rashig Rings as a Neutron 1/73 Absorber in Solutions of Fissile Material 3.2 Efficiency Testing of Air-Cleaning Systems Containing 1/73 Devices for Removal of Particles 3.3 Quality Assurance Progra,1 Requirements for Fuel 3/74 1 Reprocessing Plants and for Plutonium Processing and Fuel Fabrication Plants 3.4 Nuclear Criticality in Safety Operations with 8/77 I Fissionable Materials Outside Reactors 3.5 Standard Format and Content of License Applications 11/77 1 for Uranium Mills 3.6 Guide to Content of Technical Specifi:ations for Fuel 4/73 Reprocessing Plants 3.7 Monitoring of Combustible Gases and Vapors in Pluto-3/73 nium Processing and Fuel Fabrication Plants 3.8 Preparation of Environmental Reports for Uranium Mills 9/78 1 (Comments requested by 11/24/78) 3.9 Concrete Radiation Shields 6/73 3.10 Liquid Waste Trer. ment System Design Guide for 6/73 Plutonium Processing and Fuel Fabrication Plants 3.11 Design, Construction, and Inspection of Embankment 12/77 2 Retention Systems for Uranium Mills 3.11.1 OperationalInspection and Surveillance of Embankment Retention 4/79 Systems for Uranium Mill Tailings (comments requested by 6/22/79) 3.12 General Design Guide for Ventilation Systems of Pluto-8/73 nuim Processing and Fuel Fabrication Plants 3.13 Guide for Acceptable Waste Storage Methods at UF 11/73 6 Production Plants 3.14 Seismic Design Classification for Plutonium Processing 10/73 and Fuel Fabrication Plants 3.15 Standard Format and Content of License Applications 10/73 for Storage Only of Unitradiated Reactor Fuel and Associated Radioactive Material 3.16 General Fire Protection Guide for Plutonium Processing 1/74 and Fuel Fabrication Plants 3.17 Earthquake Instrumentation for Fuel Reprocessing Plants 2/74 3.18 Confincment Barriers and Systems for Fuel Reprocessing 2/74 Plants 3.19 Reporting of Operating Information for Fuel 2/74 Reprocessing Plants 8 360 " v 4 '97S RG-11

REGULATORY GUIDES Number Title Date Revision g 3.20 Process Offgas Systems for Fuel Reprocessing Plants ?/74 3.21 Quality Assurance Requirements for Protective Coatings 3/74 Applied to Fuel Reprocessing Plants and to Pluto-nium Processing and Fuel Fabrication Plants 3.22 Periodic Testing of Fuel Reprocessing Plant Protection 6/74 System Actuation Functions Stabili ation of Uranium-Thorium Milling Waste 11/74 3.23 t Retention Systems 3.24 Guidance on the License Application, Siting, Design, and 12/74 Plant Protection for an independent Spent Fuel Storage Installation 3.25 Standard Format and Content of Safety Analysis Reports 12/74 for Uranium Enrichment Facilities 3.26 Standard Format and Content of Safety Analysis 2/75 R ports for Fuel Reprocessing Plants 3.27 Nondestructive Examination of Welds in the Liners of 6/77 1 Concrete Barriers in Fuel Reprocessing Plants 3.28 Welder Qualification for Welding in Areas of Limited 5/75 Accessibility in Fuel Reprocessing Plants and in Flutonium Processing and Fuel Fabrication Plants 3.29 Preheat and Interpass remperature Control for the 5/75 Welding of Low-Alloy Steel for Use in Fuel Reprocessing Plants and in Plutonium Processing and Fuel Fabrication Plants 3.30 Selection, Application, and inspection of Protective 6/75 Coatings (Paints) for Fuel Reprocessing Plants 3.31 Emergency Water Supply Systems for Fuel Reprocessing 9/75 Plants 3.32 General Design Guide for Ventilation Systems for Fuel 9/75 Reprocessing Plants 3.33 Assumptions Used for Evaluating the Potential Radio-4/77 logical Consequences of Accidental Nuclear Criticality in a Fuel Reprocessing Plant b3.34 Assumptions Used for Evaluating the Potential Radio-8/16 I logical Consequences of Accidental Nuclear Criticality in a Uranium Fuel Fabrication Plant >3.3 5 Assumptions Used for Evaluating the Potential Radio-8/16 I logical Consequences of Accidental Nuclear Criticality in a Plutonium Processing and Fuel Fabrication Plant f 3.36 Nondestructive Exar.ination of Tubular Products for Use (withdraw n 2/1/79) in Fuel Reprocessing Plants and in Plutonium Processing and Fuel Fabrication Plants TAvailable at the NRC Public Document Room, 1717 11' tet, N.W., Washington, D.C. August 17,1379 v> RG 12

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PART 2 e STATEMENTS OF CONSIDERATION date of setvice by the Secretary of the approximately 18 months to 6 nmnths. 43 FR 46292 Published 10/6/78 Cornmi.sien. The commentor suggested that if such a Effective 11/6/78 11ecause these amendments relate reduction is practical, the regulations scicly to corrections and minor proce-should be amended further to require Distribution of Apr 'ications and Environ-dural matters, the Commission has that the Safety Evaluation Report be mental statements u Local otticial, found that good cause exists for omit-issued within 6 months after the ting nottee of proposed rulemaking, application has been docketed. See Part 51 Statements of Consideration. and public procedure thereon, as un-The re8ulations never have specified a necessary. and for making the amend-ments effective on January 22. 1979, time limit for cornptetton of the staffs without the customary 30 days notice. Safety Evaluation neport. A safety or Pursuant to the Atomic Energy Act environmental review is compleMd after 44 FR 4459 of 1954, as amended, the Energy Reor-the staff is satisfied that it has all the Published 1/22/79 ganization Act of 1974, as amended, information needed to complete its and sections 552 and 553 of Title 5 of evaluation.The setting of a deadline Ef fective 1/22/79 the United States Code. the following might impose unwarranted pressures on PART 2-RULES OF PRACTICE FOR amendment to Title 10, Chapter 1, the staff to comp ete licensin8 reviews l Code of Federal Regulations. I art 2 is published ts a document subject to prematurely. Certainly, the staff DOMESTIC LICENSING PROCEEDINGS codification. continuously seeks and implements Clorification of Computatien of Time changes which will improve the Provisions efficiency ar.d effectiveness of the review process without compromising AGENCY: U.S. Nuclear Regulatory review quality. The amendments relate Commission-p44 FR 47758 to new staff procedures which seek to ACTION: Final Rule. Pubbshed 8/15/79 implement such a change. It is believed

SUMMARY

The Nuclear Regulatcry E f fective 8/15/79 that the much more comprehensive Commission is amending certain provi-predocketing review to be made under sions of its Rules of Practice to clarify the new procedures, coupled with the requirements for computing the 10 CFR Part 2 improved staff-applicant ccordination time prescribed for replying to a peti-tion for leave to intervene.

Rules of Practice; Selected Nuclear prior to tendering of the application, Power Plant Construction Perrry should enable the staff to reahze its goal EFFECTIVE DATE: January 22.1979. of completing the Safety Evaluation Applications FOR FURTRER INFORMATION Report within.ix months of docketing. CONTACT-. AGENCY: Nuclear Regulatory llowever, the sis (G) month scht dule Marc R. Staenberg. Raulations Di-Commission. must be recognized as only a goal, and ACTION: Final rule. therefore should not be made a vision. Office of the Executive Legal Director. U.S. Nuclear Regulatory regulatory requirement. Ce'nmission. Washington. D.C*

SUMMARY

The Nuclear Regulatory Pursuant to the Atomic Energy Act of 20555 TEL: (301-492-8689).

Commission is adoptmg minor 1954. as amended, the Energy SUPPLEMENTARY INFORMATION: procedural amendments to perm,t the Reorganization Act of 1974, and sections The Nuclear Regulatory Commission use of new staff procedures on a trial 552 and 553 of title 5 of the Unit, d States has become aware that some confusion basis Icr the systems and site safety Code. the following amendmena to 10 has ar n in regard t p rtions of selected nuclear power plant CFR Part 2 are published as a document

g g a

tion fo leas e to Intervene. Prior to this construction permit apphcations. subject to codification. amendment. 5 2.714(c), provided that EFFECTIVE DATE:The amendments are answers to a petition for leave to inter-effectise on August 15.1979 vene must be f!!cd within a prescribed period after fahng of the petition. In FOR FURTHER INFORMATION CONTACT: I 2.710. Computation of Time, the pre. Royal J Voegeli. Offa e of the Executive scribed period for taking some action. Legal Director. U S. Nuclear liegulatory such as filing n answer. runs from Commission. Washington. D C. 20555. sertice of the initiating document. telephone (301) 492-8693. The Nuclear Regulatory Commission intended i 2.710 to generally govern SUPPLEMENTARY INFORM ATION:On April computation of time, including the 18.1979, the U.S. Nuclear Regulatory ommission published in the Federal provision for additional time for mail. c Ing. Therefore. a minor clarifying Aegister (44 FR 23089-23090) for public amend:nent is being made to $ 2.714(c) comment proposed amendments to its to make clear that the time for reply-regulations in 10 CFR Part 2 which ing to a petition to intervene shall be would permit the use of new staff computed from the date of service of procedures on a trial basis for the the petition. Standard practice calls for notices of syWms a she saMy pod.ons of heasirg and notices of proposed action selected nuclear power plant to Irelude the names and addresses of construction permit applications. the Commission staff and applicant so interested persons were invited to that they may be served with copics of submit written comments concerning the intervention petitions. This practice proposed amendments by June 4.1979. will be continued. If for some reason Only one commtm was received, an intervention petition is not served which questioned whether use of the by the petitioner then the time for new procedures would result in reducing 9 001 answer may be calculated from the the time for the issuance of the staff Safety Evaluation Report from 2-SC-39 August 17,1979

PART 50

• STATEMENTS OF CONSIDERATION clarify cert ain arnbiguities to avoid personnel. The rule is needed in order to protection activities to determino misinterpretations of provtslotts w hich facilitate implementation of a revised whether they are adequate, conducted
• al with requirements for in service inspection program which was initiated properly and at the required frequency.

inspect ion of nuclear power plan t s. in mid 1978. As a part of the revised Other regionally or headquarters based These clarifications should result in program, the Commission is placing NRC personnel will continue to provide resident inspectors on site at selected technical support and managment i r ii ti r pro r nuclear power reactor construction resnew as required for the inspection by t he NRC sites, at selected power reactor sites in pl ogra m. El i ECTIVF DATE. Noumber M, test and routine operations and at In order to facilitate the performance selected fuel facilities to observa and of the resident inspection program it is POlt I'UltTIIElt INI'Olt M ATION review licensee construction, necessary that office space be pr6vided CONTAC P: operations, radiological safety, to selected Commission personnel. The Mr. A. Taboada Office of Standards safeguards and environmental regulation as adopted requires that the protection activities. licensee provide on. site, rent-free. t t. i

i. 10 W

i tor I NI"'IVe ffice space upon the request 20555 001 4 43-599H. EFFECTIVE DATE: September 17.1979. of the th. rector. Office of!nspection and SU PPIS.M ENTAltY IN FOIIM A l' ION: FOR FURTHER INFORMATION CONTACT: Enforcement. This requirement is not In applying Section 50.55a " Codes and Mr. Edward L Jordan, Assistant nique in that other federal departments Stanchrds," of the Cornmission's regu-Director for Technical Programs Office and agencies have continuous lations 10 CFIt Part 50, " Domestic L1-of Inspection end Enforcement, U.S. inspection programs that require those p Production and Utilization Nuclear Regulatory Commission, subject to their regulations to furnish cet Washington, D.C. 20555. Phone No. 301-appropriate facilities to the inspectors. tionA e conf 1 i 2b 492-8180. Sufficient space is required in order to cause of ambiguities that existed in the annuage. The amendments set SUPPLEMENTARY INFORM ATION:On May accommodate a full-time inspector, a forth below modify the language of 9,1978, the Nuclear Regulatory part time secretary and transient NRC g 50 55a to clarify the ambiguities-Commission published in the Federal personnel. The suggested space is 250 Smce the amendments are clarifica-Register (43 FR 19800) a proposed square feet but the rule does not specify tions of regulations currently in effect amendment to its regulations,10 CFR 50 an exact area. The space provided is an nd imp 3e a burden to anyone Licensing of Production and Utilization expected to be commensurate with )i d c$u "h"iy,$ Facilities and Part 70 Specia/ Nuc/ car space normally prosided to licensee i as f n tt t for omitting general notices of pro. Material, which would implement employees. For sites with more than one posed rulemaking and public proce. authority of Section 161[olpf the Atomic power reacter unit or feel facility it may dare thereon as unnecessary and for Energ/ Act of 1954, as amended, and of be necessary to assign more than one making the rule effective immedi:stely the Fnergy Reorganization Act of 1974, resident inspector. If additional resident without the customary 30-day waiting as amended, in order to facilitate the on inspectors are assigned to a site, pe riod. site resident inspection portion of its additional space will be requested. Pursuant to the Atomic Energy Act revised inspection program. In order to assure that the resident of 1954, as amended, the Energy Reor-Interested persons were invited to inspector or regionally based inspectors submit written comments for are efforded the opportunity la conduct id et n 5 n 53 f 1 the United States Code, the following consideration in connection with the unfettered reviews of work in progress it amendments to Title 10, Chapter I, proposed amendment by June 23,1978 is necessaiy and the regulation requires, Code of Federal Regulations, Part 50 The comments which were received that properly identified inspectors be are published as a document subject to addressed three principal concerns: provided immediate access to the codification-licensees should not be forced to facility (the same as regular licensee provide rent-free space; the proposed employees). The inspectors afforded space requirement was excessive and such access will be provided by the arbitrary; and inspector access licensee that site-specific radiological k44 FR 47938 provisions should be.tne same as.-tor a safety and security information Pubhshed 8/16/79 regular plant employee, necessary for their safety, security, and Fifective 9/17/79 In mid-1978, the Commission initiated radiological protection and will conform t all facility safety and security a revised inspection program which includes the use of on site resident requirements. inspectors. Pursuant to Section 101(o) of A briefing on site-specific radiological 10 CFR Parts 50 and 70 the Atomic Energy Act of 1954, as protection practices, security and Licensing of Production and UtlHzation amended, the Commission intends to emergency response actions is Facilities; Facilities and Access for place NRC resident inspectors on site at appropriate and sufficient for Resident inspection unescorted access to other than vital selected nuclear power reactor areas, radiation areas and areas AGENCY: U.S. Nuclear Regulatory construction sites and at selected power Commission. reactor sites in test and in routine contaminated with radioactive maten,al, operation. Eventually the Commission f r those NRC personnel who ACTION: Final rule. expects to place full-time resident infrequently visit a site. As a result of

SUMMARY

Tlie Nuclear Regulatory inspectors at all operating power the comments on the proposed rule the reactors, at power reactors in later Commission reexamined the legal basis Commissi m is amending its regulations stages of construction and at selected fu the requirement that licensees to require power reactor licensees and construction permit holders and selected fuel cycle facilities where nuclear y vide office space and determined fuel facility I censees to provide (1) on reactor fuel is fabricated or processed.

thnt the requirement is neither an site, rent free, exclusive use of office The resident inspector will observe and arbitrary use of the Commission's space and (2) immediate licensee facihty resiew licensee operations, construchon regulatory power nor an unreasonable burden on the liccnm, safety, safeguards and env!ronmental access to Commission inspection As a result of the concerns expressed 50-SC-53 August 17,1979

PART 50

• STATEMENTS OF CONSIDERATION in the comments over excessive space requirements, the Commission has changed the proposed area requirement to guidance, with the condition that the space provided shall be commensurate with other office facilities at the site.

Acceptability of the space is in the authority of the Director. Office of Inspection and Enforcement. As a result of comments on the proposed rule, the provision for access by inspectors likely to conduct inspections at a specific facility has been reworded to emphasize that unfettered access for inspectors who are likely to inspect a specific facility, will be equivalent to that for a regular plant employee. Inspectors likely to inspect are those who are expected to conduct severalinspections at the specific facility during a given year. Pursuant to the Atomic Erergy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and Sections 552 and 553 of Title 5 of the United States Code, the following amendments to Title to, Chapter 1. Code of Federal Regulations, Parts 59 and 70 are published as a document subject to codification. ? 003 9 O August 17,1979 50-SC-54

PART 51 e STATEMENTS OF CONSIDERATION hmited proceeding after the draft AGENCY: Nuclear Regulatory Com-GEIS on milling is issued, mission. OvercU update of 2*able S-J. In addi-ACTION: Effective clarifying amend-tion to the aforernentioned programs, ment to Table S-3 and Response to pe-the Commission has announced its in-tition fc' Rulemaking filed on behalf tention to initiate a long-term effort of the New England Coalition on Nu-to completely update the rule in all clear Pollution (Docket No. PRM areas of the fuel cycle. (42 FR 26987, 1)' May 26,1977). Specific efforts to pro-duce a completely updated and revised

SUMMARY

The Nuclear Regulatory Table S-3 and supporting document Commission is correcting certain for the entire fuel cycle have begun. A errors which appear in the docket pub-technical assistance contractor to lished in FR Doc. 78-9952.

work with the NRC Staff is now being selected. The contractor will first ana-FOR FURTHER INFORMATION lyze the format and content of Table CONTACT: S-3 to determine the method for most Ms. Jane A. Axelrad, Office of the effectively characterblng er.vironmen-Executive Legal Director, U.S. Nu-tal impacts. The contractor will col-clear Regulatory Commission, Wash-lect, euluate, and synthesize the re-ington. D.C. 20555, phone: 301-492- ~ sults from a wide range of applicable 7437. NRC research and study programs. The major research programs include In FR Doc. 78-9952, appearing at field measurements of radon releases page 15613, in the issue for Friday, from mining and the OEIS on mimng, April 14,1978, maire the following cor-as discussed above. In add. tion, em-rections: phasis will be given to NRC studies of occupational exposure, decommiulon-ing, and non-radiological effluents. The importance of new concepts and technologies, such as centrifuge en. 43 FR 18989 richment, mining by in-situ leaching, Published 5/3/78 spent fuel storage, and disposal will be Effective 5/3/78 evaluated. h ort & Import of Nuclear facilities & IuMzmais CLrairiusa Cnasar.s P M2terials; Approvalby Comptroller General The amendments to Table S-3 set forth below clarify that the Table does See Part 110 Statements of Consideration, not cover: Estimates of radon released; Health effecta. Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the National En.'ironmental Policy Act of 1969, as amended, and saction 553 of Title 5 of the United States Code, the following amend. ments to 10 CFR Fart 51 are published as a document subject to codification. Since the amendments are of a clarify. ing nature, serve to relieve a restric-tion, and are necessary to enable cor-rect information regarding fuel cycle environmental impacts to be utilized in ongoing and future licensing pro-ceedings, the Commission has found that good cause exists for omitting notice of propcsed rulemaking and public procedure thereon, and that the amendments may be made effec-th'e upon publication. 43 FR 17803 Pubbshed 4/26/78 Effective 4/14/78 PART 51-LICENSING AND REGULA-TORY POLICY AND PROCEDURES FOR ENVIRONMENTAL PROTE :- TlON Summary of Environmental Consider-ations for Uranium Fuel Cycle; Cor-rection 51-SC-13 August 17,1979 (reset)

PART 51

• STATEMENTS OF CONSIDERATION liste d 'I ht notice wi'l include a state-ment that if a request is recrised from t'ie appropriate chief executhe of the alternative site, a copy of the applica.

tion or ensironmental report. and any changes to such documents uhich af fect the alternathe sne location, will be transmitted to the executite who mak es the request. This amendment will assure t hat local of ficials of (om-munities winch are preferred or alter-native sites for nuclear f acilities are notified at the same time t he initial application or rns tronmental report is submitte d to the Commission. EFFECTIVE DATE: Nos ember 6, 1978. FOft FUltTIIElt INFOItM ATION CONTACT: Gerald L. Ilutton. Disisjon of flules and Itecords. Office of Administra-tion. U.S. Nuclear Itegulatory Com-mission. Wa3hington. D C. 20555. 301-492-7086. SUPPLEMENTAftY INFOItMATION: [h letter dated July 7.1976. the town-ship of Lower Allow as s Creek. N.J.. tiled with the Nuclear Itegulatory 43 FR 46292 Commission a petition for rulemaking Published 10/6D8 to amend 10 CFIt 2101 and 10 CFIt Effective 11/6R8 51.24 of the Commission's re gulations. In resoonse to the petition for rule-PART 2-RULES OF PRACTICE FOR making Pit M 2 the Commission DOMESTIC LICENSING PROCEED. published a notice of proposed rule-INGS aking in the Fr on nu Ittc'sTta on January 17 1977 (42 fit "178) to PART SI-LICENSING Aht, ULA. amend 10 CFIt Parts 2 and 51. TORY POLICY AND PROCEDURES The proposed amendment of s 2.101 FOR ENVIRONMENTAL PROTEC. set out in the January 17.1977 notne w uld dd a provision to paragraph TION (aH3)(li) that the applicant will also be requested to ser e a copy of the ten. Distribution of Applications end Envi-dered application and/or environmen-ronmental Statements to Local Of. tal report on the chief executhes of ficials the 'tppropriate mur.icipalities or counties which hase been identified in the application, or ensironment al AGENCY: US Nuclear Itegulatory Commission. rep'oM as ahernative sites. l he propo. sed amendment of f 2.101 u uld add a provision to paragraph tb) ACTION: Final rule. w hich pertains to applications for li-SUMM AltY: The Nuclear Regulatory conses for receipt of waste radioactive Commission (NItC) is amending it, n aterial from other persons for the s egulations to provide for notice to t) e purpme of commercial disposal by the chief executives of the appropriate al-waste disposal licensee, that the appli-ternative municipalities or cout <ies cant will also serve a copy of the appli-cation and environmer"al report. as w hich have been identified in the-ap. appropriate, on the chief executives of plication or emironmental repcrt as alternative sitea for nuclear f acilities the appropriate alternatise municipal-or activities. The notice will include a ties or counties which hase been iden-brief description of, and other perti. tified in the application or emiron-nent information regarding. the site mental report as alternative sites, and facility proposed or alternatively The prooosed amendment of 151.24 would res ise f aragraph 'c.< 4 ) to pro-Vide that if the draf t. ns ir onmental impact statement is.or a licensing action copies of t he fratt statement and the applicant's em ironmental report will be provide ( to all parties to the licensing proceedir.a and the chief executis es of all mL nicipalities or counties which are identified in the draft statement as either preferred or alternative sites for the proposed fa-9 , r-August 17,1979 (reset) / I D 51 SC-14

PART 51

• S TATEMENTS OF CONSIDERATION cility or activity.

the site and facility proposed or alter. ed below, provides for early notice to Six letters of comment were received natively listed. and will include a state. officials of alternative sites and notice on the petition for rulemaking and the ment that if a request is received frcm of intent to file and application would notice of prom 4 rulemaking. the appropriate chief executive of the not serve a useful purpose. One comr opposed the pro-alternative site, a copy of the applica. Pursuant to the Atomic Energy Act posed rule. - ding that jurisdic. tion or environmental report. and any of 1954 as amended. the Energy Reor-tional oil s. -.n d the public are changes to such documents w hich ganization Act of 1974. as amended, aware of proposed projects even affect the alternative site location, will and sections 552 and 553 of title b of before the filing of an application; be transmitted to the executive who the United States Code, the following that the filing of applications with ju. makes the request. A sentence has amendments to Title 10. Chapter I. risdictional officials at alternative been added to ll 2.101(a H 3 )(ii) and Code of Federal Regulations. Parts 2 si;es could have adverse impr - ts on 2.101(b) that an applicant in comply. and 51 are published as a document local planning and land value., and ing with those paragraphs should not subject to codification. t hat filing of the application would make public distribution of those parts only serve to cause infighting between of the application subject to f 2.790(d); jurisdictions, possibly resulting in that is, information which identifies a delays in the licensing process, licensee's or applicant's procedures for safeguarding licensed special nuclear h44 FR 45362 Although officials and the public may be aware of preferred sites before material or detailed security measurt - Pubbshed 8/12/79 the filing of an application there is no for the physical protection of a 1. Effective 9/4/79 acurance under present procedures censed facility or plant in which 11 that all officials with jurisdiction over censed special nuclear material is pos-10 CFR Part 51 alternative sites w!H know that a site sessed or used. A sentence has been in their area is under consideration or ad9d also that the applicant shall that the relative merits of such a site submit to the Director af Nuclear Re. Licensing and Regulatory Policy and may have been the subject of dispute actor Regulation or Director of Nucle. Procedures for Environmental at hearings held in a different locale. ar Material Safety and Safegrards, as Protection; Uranium Fuel Cycle The Commission is not convinced tlat appropriate, an affidavit that service Impacts From Spent Fuel furnishing such information to j f fi. of the notice of availability of the ap-Reprocessing and Radioactive Waste cials over alternative sites would nave plication and entironmental report Managerr. ant adverse impacts on local planning and has been completed along with a list land values. or cause jurisdictional of names and addresses of thue ex. AGENCY: Nuclear Regulatory conflicts resulting in licensing delcys. ecutives upon whom the notice was Commission. Three commenters opposed the vro. served. ACTION: Promulgation of a final fuel posed amendments on the grounaa One firm commented favorably upon cy& rule that they would require the service of the proposed rule and suggested that voluminous and expensive documents local public document rooms be set up

SUMMARY

The Commission promulgated upon inditiduals who have no real in-in the region of the alternative sites on March 14.1977 an interim rule terest in receiving them, thereby plac-for displaying to the public the envi-identifying the environmental impact ing an unjustified burden on appli.

ronmental report. draft environmental values for the uranium fuel cycle which cants and municipal and county offi-impact statement, and any other docu-are to be included in environmental cials. without corresponding benefits ments affecting the alternate sites. to the public, the licensing process or The Commission agrees that it may be reports and environmental impact the municipalities or counties consid. desirable to establish a local public statements for individuallight water cred as alternatise sites. These com. document room, or a mini-LPDR in nuclear power reactors. After an menters suggested, however, that if the region of the alternative sites in extensive proceeding focused on the some action is desired in this area, a some cases. The Commission does not nuclear waste managemen! and fuel more reasonable approach would be to consider, however, that this should be reprocessing parts of the fuel cycle. the notify the chief executives of munici. done routinely. A d: termination will Commission now promulgates a final palities or counties which have been be made on a case-by-case basis af ter a rule which sets out revised impact designated as an alternative site in the survey of the public interest in the application or environmental report of area of the alternative site. values. The rule also specifies fuel-the availability of the documents. To One commenter encouraged the t')cle-related subjects that are to be the extent that such officials are in. adoption of the proposed rule, but sug. considered in individual licensing terested, they could request copies of gested that applications for amend-proceedings as part of the the documents. ments to existing licenses as well as environmental cost benefit analysis for it is the Commission's view that new nuclear facilities and waste man-a power reactor. The Cos imission notes local officials of all of the communites agement facilities shoud be included, its intention to conduct a "urther or count involved should be in. and notification and sersice of an ap-supplementary rulemaking to adopt as formed u.pathe plans 'ar a facility or a plication up e. the appropriate gover-commercial waste disposal service or nor or destuated State government Part of the rule an explanatory narrative activity at the ume the application or official should be included as well as addressing the environmental environmental report is submitted to municipal and count y government. significance of the impact values the Commission. The Commission has The suggestion regarding applications tabulated in the final ale. A general concluded, however, that this objec. for amendments to existing licenses is update of the rule mth respect to all tive can be accomplished in accord. outside the scope of this amendment aspects of the uranium fuel cycle is also ance with the alternative approach inasmuch as the site would have been in progress. suggested by the three commenters determined when the license was EFFECTIVE DATE: September 4.1979 noted in the preceding paragraph. Ac. Issued. The Commission's regulations cordingly, the amendments set forth already provide for distribution of ap-FOR FU3THER INFORMATt0d CONTACT: below have been revised to provide for plications and environmental reports E. Leo Slaggie. Office of the General notice to the chief executives of sites to appropriate State of ficials. Counsel. U.S. Nuclear Regulatory which have been identified in the ap. The commenter also suggested that Commission. Washington. DC, 20555. plication or environmental report as a provision for an ear!y notice of phone 202-634-3224. alternative sites. The notice will in. intent to file and application be con-SNEMEWAM INFORMATIOm This clude a brief description of the pro. sidered. It is the Commission's view notice announces the outcome of a final posed site and f acility, the location of that the present regulation. as amend. rulemaking by the Nuclear Regulatory 4 ?o 006 S1-SC 15 August 17,1979

PART 51

• STATEMENTS OF CONSIDERATION Commission re:;arding the Promulgation of the revised table is and update the conclusions regarding environmental effects of spent fuel not the sole outcome of this rulemaking.

waste disposal which have been reprocessing and radioactive waste The rulemaking record makes clear that reached in the present rulemaking. If management in thelight water power effluent release values, standing alone, available, the record compiled in the reactor uranium fuel cycle. The rule do not meaningfully convey the new generic waste disposal proceeding adopted herein replaces an interim rule environmental significance of uranium, can be considered in, and made a part of which identifies fuel cycle fuel cycle activities. Tl* focus of the record in. the g neral update of F3. environmental impact values to be interest and the ultimai; measure of The background of this proceeding included in environmental reports and impact for radioactive releases are the and the reasons underlying the environmental impact statements for resulting radiological dose commitments Commission's decision are explained in individua! light water power reactors. and associated health effects. To convey the material which follows. The interim rule,10 CFR 51.20(e) (" Table in understandable terms the significance S-3", as revised), was published on of releases in the Table, the Ifearing I. Need For a Fuel Cycle Rule in Power March 14.1977 (42 FR 13803) to be Board recommended that the modified Reactor IJcensing effective for 18 months and was Table be acccmpa tied by an The National Environmental Policy extended several times. the final explanatory narratise promulgated as extension being to the effective date of part of the rule.The recommended M d N bN W g M M h 'his rule. narrative would also address important Commission look closely at the This final rulemaking concludes s' fu l cycle impacts now outside the environmentalimpact of a propose 1 proceeding which began on May 26.1977 scope of the" 2ble. including nuclear power reactor before it may with a notice that a rulemaking hearing socioeconomic and cumulative impacts. license the construction or operation of would be held to consider whether the where these are appropriate for generic the facility.To comply with NEPA the interiu rule should be made permanent treatment. The Commission has directed Commission has adopted licensing and or,ifit should be altered,in what the NRC staff to prepare by October i regulatory procedures presently set out respects. 42 FR 26987. The flearing such a narrative, as described in more in 10 CFR Part 51. Under these rules the Board took extensive written and oral detail later in this notice. The narrative environmental analysis in a power testimony from more than twenty will be submitted for public comment in reactr-licensing proceeding must participants. On August 31,1978 the a further rulemaking. includ. a cost. benefit analysis whic s. Board submitted to the Commission a Pending adoption of an explanatory among other things, considers and detailed summary of the evidentiary narrative as part of the fuel cycle rule, balances the adverse environmental record, followed on October 26.1978 by the use of Table S-3 in individual impacts of the nuclear plant against the its Conclusions and Recommendations. proceedings must be accompanied by expected environmental, economic. After studying the flearing Board's supplementary presentations. technical, and other benefits. recommendation and receiving written Accordingly. the Commission has The environmentalimpact of and oral presentations by rulemaking directed the NRC staff to continue participants. the Commissien has presenting in individual proceedings an perating a nuclear power reactor is nc adopted as a final rule the modified evaluaMon of dose commitmenta and limited to effects specific to the plant Table S-3 recommended by the llearing health effec's from fuel cycle releases. Itself. such as site alterations due to Board. The impact values in this table In addition the staff will address plant construction or the release of differ only slightly from the values in the economic, socmeconomic. and possible reactor effluents. The environment will interim rule. With two exceptions. these cumulative impacts of fuel cycle also be affected by the fue: cycle values will be taken as the basis for activities and such other impacts of the activities necessary to support plant evaluating in individual light water fuel cycle as may reasonably appear to operation. Since operation of a nuclear power reactor licensing proceedings, have s significance for inidnidual plant involves a commitment to prepare pursuant to requirements of the National reactorlicensing sufficient to wa rant fuel and dispose of spent fuel and waste. Environmental Policy Act (NEPA). the attention for NEPA purposes. These the environmental impacts considered in contribution of uranium fuel cycle matters remairi open for litigation in the NEPA analysis for a power reactor activities ' ta the environmental costs of 1.,dividual proceedmgs. The present should include contributions from licensing the reactor in question. The ruleu.oking settles only the quemon of uranium fuel cycle activities.' exceptions are radon releases, presently fuel cycle release values, with the Evaluating these contributions om;tted from the interim rule (43 FR exceptions noted above. and such other necessarily involves a wide ranging 15613. April 14,1978). and technetium-99 namerical data that appear explicitly in inquiry and a certain amount of releases from reprocessing and waste the'Tabk speculation. Fuel cycle facilities serve management actisities, as discussed In respocse to a recent decision by the many reactors. and there is no way to later m this notice. Appropriate values United States Court of Appeals fer the ascertain with cer'ainty which facility for these releases are open for District c' Columbia Circuit. State of now in existence or to be operated in consideration in individual proceedm.gs. Afinnesota v. NRC Nos. 78-1269 and 78 the future will contribute fuel to a given 2022 (May 23.1979). the Commission nuclear power reactor or will receive its 'The fuel cycle actmnes add essed b3 the rule interds to conduct a aeneric proceedin8 irradiated fuel or wastes. Thus the fuel nclade ur.nium mmmg and mdimg. the production of uranium hesanunnde. isotopic e,nchmeni. fuet which will consider the most recent for a particular reactor cannot be f.bncation spent fuel storae and disposal. evidence regarding the hkelihood that identified at the start of the fuel c;cle reprocessms of irradiated fuel, transportation of nuclear waste can be safely disposed of and traced through the various steps to radioactne matenals and management of low-les e; and when that, or some other off-de final disposal. Instead. the fuel cycle wastes and high lesel westes The rulemakmg impacts for a particular reactor must be proceedmg concluded here dealt only with irrpacts storage solution, can be accomplished. estimated hypothetically, for example of reprocessing and s.aste management and That new generic waste disposal by 8pp rti ning the impacts of assmated transportation. ihe so< ailed -bacLend proceeding will be.eparate and representative fuel cycle facilities to the of the fuel cycle. The enpaces of iransportanon or different m. scope and purpose from numbe'of reactors served. Drtermir.ing cold fuel to the reactor and irradiated fuel and sol.J radioactne wastes lie outside the scope of the rule further fuel cycle rulemakings dealing these facility impacts also involves and are treated separately in the Commission s with an S-3 narrative and general uncertainties, particularly for the back resulanona. see to cn si zol8k update of S-3, but will in part review end of the cycle. For example. 007 August '7,1979 51-SC-16

PART 51

• STATEMENTS OF CONSIDERATION reprocessing of spent fuel. ifit is done.

environmental cost-benefit balances for comment and consideration at an would take place at newly designed power reactors and is in no way informal hearing. Under one alternative. facilities. not yet operational. Thus intended to oe a tool for choosmg among no consideration of fuel cycle impacts impacts based on previous reprocessing alternative uranium fuel cycle (apart from facility. specific efrects of experience using outdated technology technologies. Although the rule should transporting cold fuel to the reactor and are not in the Commission's judgment reflect as accurate an assessment as spent fuel and radioactive wastes from representative of future impacts. For reasonably possible of uranium fuel the reactor) would be required in w sete disposal many proposals have cycle impacts, the rule clearly does not individual proceedings, on the grounds been put forth, but the method or need the detail or the precision of an that these impacts as analyzed in the methods which will finally be used are environmental analysis for licensing fuel Environmental Survey were sufficiently as yet unselected. A reasonable cy e facilities themselves. A reasonable smail not to affect significantly the cost-approach for determining waste de ree of uncertainty is unavoidable benefit balance for an individual disposalimpacts is to focus on a system and is acceptable, given that basic reactor. Under the second alternative, which seems likely to be deployed and decisions have not yet been made impact values for fuel cycle costs of to estimate its impacts consers atively, regarding reprocessing and the licensing a power reactor would be based on the best available information technology of waste disposal. taken in individual licensing and analysis. The rule need not be comprehensive proceedings as set forth in Table S-3 of A study of fuel cycle impact thus in scope to be a useful and valid the Environmental Survey.* involves difficult generic analysis and exercise of rulemaking authority. A Written comments were submitted by prediction well outside the normal scope record is not yet available to support a more than forty mdividuals and of facF.ty-epecific subjects dealt with by comprehensive rule dealing with all organizations. 'Ite hearing took place a reactor licensing board.This doe not generic aspects of fuel cycle impacts February 1 and 2.1973 before the three. mean that the subject can be ignored or relevant to reacter licensing, but the person hearing board, following deferred until the fuel cycle facilities Commission is free to adopt a narrower legislative. type procedures announced themselves come up for licensing.81t rule that for the present leaves some of by the Commission in a supplemental does mean that in reactor licensing fuel these matters for consideration in notice (38 8 49). cycle impacts should be treated where individual proceedings. The table of Following the hearing and possible by generic rulemaking rather impacts adopted as a final rule in this supplementary written submissions ty than case-by-case adjudication. proceeding serves as an important first participants the board en July 6.1973 The Commission's interim fuel cycle step in this consideration, relieving presented to the Commssion a 24-page rule.10 CFR 51.20(e). requires that the adjudicatory boards from the need to report which identified the major issues environmental costs to be considered in determine those numerical impacts of at the proceedmg but, in accordance a power reactor licensing proceeding the uranium fuel cycle which have been with the Commission's direction, mah shall 'nclude contributions frott uranium extensively considered in generic no acommndauonc fuel cycle activities as set forth in a rulemaking. Ultimately, however, the After consideration of the comments table (" Table S-3. Summary of impacts of the releases and not the and the hearing record, the AEC on environmental considerations for releases themselves dictate the A,fril 22,1974 (39 FR 14188), adopted the uranium fuel cycle"). The ad_quacy of standards the Commission must set. '" ad alternative. under which "the thic interim vle. insofar as waste Therefore, use of the table in individual envir nm, ental effect associated with the management and reprocessing impacts licensing will not foreclose discussion of uramum iuel cycle, albeit small, would are concerned, was the original focus of the significance of those impacts or be factored into ind.vidual cost-benefit the present rulemaking. as the otherimportant aspects of the feel cycle analyses in the fom of nume%1 values as set ut in taw L3. with background discussion in the section to not addressed by the table. This point follow indicates. As the rulemaking needs emphasis in view of the [h a est d by the en progress d. however, participants background of the Commission's original record. The Commission noted its view su mitte a substantial amount of S-3 rule, which at least initially was that the values in the table reflected public coin ment and testimony apparently hterpreted as cutting off " substantial conservatisrn" and found it addressing matters not dealt with by the further discussion of fuel cycle impacta-to be a " fact that the environmental interim rule, including economic and socioeconomic impacts, numerical II. Background of the fuel Cycle effects of the uranium fuel cycle have unestainties in the estimates, and long. Rulemaking been shown to be relatively term dose commitments and health

1. Pmmigotion and App /lcotion of the insignificant." The Commission effects. This implicit broadening of the OriginalFuel Cycle Rule. " Table S-J" cm.cluded accordingly that there was no rulemaking's acope called attention to in a Notice of Proposed Rulemaking ap@ 6e rule atmpechvely.

e e mm Ma est h problems which must be addressed in a published November 15.1972 (37 FR preferud to adopt Table S 't. rather further rulemaking. but also indicated 241911 the Atomic Energy Commission than the alternative of declaring by rule there may be confusion regarding the (AEC) announced a prot.eeding "that that fuel cycle impacts are not proper objective of a fuel cycle rule. would specifically deal with the The rule aimed at in this proceeding question of consideration uf has a limited purpose. It applies only to environmental effects associated with .((, b NIN $"E*[Y"' the uranium fuel cycle in the iadividual

• The natadated innpaces m Table s-2 mchded s Actvities compnains the nuclear fut cycle are cost-benefit analysis for light water acres of innd coaumtied to Nel cycle acuee hated in note 1. above.

cooled nuclear power tesetors." As a amount of =aier discharsed by such acemties.

• *11 e court of appeals for the D C.Orcuit has basis for this consideration the

' "d '" c""'""P " '"d chem'ca! *"d "d*'"'#""*""""'"'"""'" specincally rejected such an approach and held that Commission's staff had published a n rmabed km the anrusal fuel requarement for a

• absent effective senenc proceedmgs to consider 6ese usus. eey must be dealt with in indmdual report entitled.. Environmental Survey modellas uwe bahi-=ater reactur soi.tions bcensms premedmas." NRPC v. NRC 547 F. 2d 063, of the Nuclear Fuel Cycle." dated ucompanyms the tabulated values induded a few 641 (1s'6), twe' don otAergrounds sub nom. Vermont November 661972.' Citing the mMnner d m m man rent but no estunates are si.tnAce Nuclear Pbwer Corp v. NSDC. 43511S. 51s Environmental Survey, the Notice set anen of harman he.s h effcci. c.ueed by fuel cycle radmhycal efRuentP The Env5.ronmental Sursey (1s7s).

out two proposed cliernatives for pubh.c did nsat sne quantitat.ve esbanaars el tweh auch ) ))] August 17,1979 SI SC-17

PART 51

• STATEMENTS OF CONSIDERATION signihcant for reactor bcensing, because

2. De Fermont Yankee Ducisicw significance of Table S3 as an in conformance with other regulations On a petition to review the adequacy expression "in numerical terms [of] the the table " quantifies. to the fullest of the fuel cycle rulemaking proceedings, conclusion that the environmental estent practicable, the environmental the United States Court of Appeals for effects of the fuel cycle, including waste effects of the uranium fuel cycle :n the District of Columbia Circuit on July disposal. are insubstr,ntial." (d. at 646.

individual cost-benefit analyses." Cf.10 21,1976 set aside those portions of the With regard to reprocessing and waste CFR 51.LO(b). St.23(c). Consistent with rule pertaining to waste management disposal. "the focal points for this the Commission's view at that time that and spent fuel reprocess.ng. Notural appeal." the court found that the Environmental Survey failed to provide Table S3 represented a full quantitati" Resources Defense Council v. NRC. 547 " detailed explanation and support" for account af fuel cycle contnbution. ae F. 2d 633. rev'd sub nom. Vermant this conclusion and that testimony text of the rule stated that in a scants' raclee Nucleor Power Corp v. NRDC. presented at the hearing did not fill the environmental reports and r,m=ussion 435 U.S 519 (1378). After first holding gap. The cut noted that "[t]he only impact statements in indivi.2ual that fuel cycle impach must be discussion of high level waste disposal licensing pruceedings this contribution addressed in reactor 1 " ' either by techniques was aupplied by a 20-page "shall be as set forth in.. Table F3... en effective rule or in the adjudicatory statement by l AEC witness) Dr. Frank K. No further discussion of such proceeding, the court found the Pittman,, which the court criticized for cnurenmental effects shall be required." ru;emaking record insufficient to support its conclusory quality. Id. at MS,651. The Commission notne promulgating the waste managernent and reprocessing The court fatutd that the procedures the rule did not specifically mention parts of the rule because the procedures ernpl yed at the bearing fai:ed to expose health effects, soc'occonomic unpacts, afforded during the hearing were this statement to any ' probing ofits or cumulative impacts, either to require inadequate, at least as applied by the underlying analysis, id., and concluded or preclude their discussior. ' ough it hearing board.'The court saw the that the Commission had been arbitrary might fanly be conchaded thw _e and capricious to adopt a rule cutting notice's repeated observation that fuel

• neenm=> mon announced on Aard ture an off consideistion of waste disposal c)g efrects wcre " insignificant..

amendment to the fuel c>cie rule which removed the issues ar.3 reprocessing issues in amounted to a Commission judgment rowse aw for moon fro.n 2. wh ene left red"" licensing proceedings based on the impbcit in the rule that no d3scussion of impacts open for htmare a midn*=1 cursc ry Jeve1opment of the facts... in these effects was formall required.The P'ocd*a',. 42 red ms.1sett sabsegment to this this [rulemaking] proceeding., The court I amer dment the staff has been free to notroduce Commission,s regulatory staff apphed evidence of redon-redsted henhh effects not beied vacated those portions of the rule and the rule m practica as allowing fuel on TaNe S-J release esus' This nasce aim remanded to the Commission, cycle impacts to be addressed in reactor c= firmed that the rule does not aa ress heanh in important respects. however,6e 'If'' *"d 4 " ' P"d"de d.scussmn of health 1icensing preceMmgs solely b ihe effects in mdmdual pmecedmg= ne nonce court of appeals approved the 3 formal act of displaying Table S-3 m, amended the second sentence el the rule to read-Commission's overall approach to the eprt statements. with no further %o further d.scussion of the ennronmensal effects discussion. La particular, impact addrened by fbe Table shall be reqwed - fuel cycle rulemaking. The court rej,ected M' ""* l'* *"e f ec p epurrm m w., the argument that a fuel cycle rule is statements prepmM by the staH did not we% penned w=ss-4 v.cai

• itself a major Federal action requiring an:rlyze fuel cycle impaets m terms of Table ha na erarety, ciLos na sm. 4 anserted an impact statement. The court found it health effects which might be caused by severe health effects from redon releas.s The the radioactive r= leases tabulated in the Canamn hes demed thh petinon. nottna that sufficient that a NEpA impact statement redon releases ase ma lunger addreened try the taNe is prepared when Table S-3 is rule and did not ciiscuss socioeconomic

,73, coo,,,, ,,,,,3, o,n,oca,,,416,,,nt,oa tu incorporated into a proposal to license or cumu!ative impacts. renew the fuel cyde ra mth a patson to "* an individual reactor. The court also Almost three 3 ears after the nde an Appea! Board holdmg in the Vennont Yankee saw no necessity for a,' plenary became efrective, the Commission's Neaear po.ee se.fien hcen.ms rmecedmg that c nsideration of alternatives,in Atomic Safety and Ucensing Appeal '8"""""* '8 "' "P"'*8 ""a"al evaluating waste disposal impacts for aw d.woul aeed not be conadered madm P,oard. issued a dectsion impiving that ructor licensing proceeding-b the Monerer the purposes of the rule,"provided a discasmn of fuel cyde health effects y,r.,,on, yo,dee Nudear R e.cr Corp. 4 AEC 030 sufficiently conservative and credible wss desirable when the compansen (June e.19 21 ne court of appeals reiected the assessment of a particular was'a betwven the proposed nuc! car plant and Appesi Board. decision and held sat reprocessing and was'e dispeselissues must be dealt mth either disposal method is used. Id. at 653, note un afternative coal E ant was an issue in by an effective rule or in individuallicensma $7* l the licensing proceedmg. In tle Matter proceedmg ne supreme Court did not disturb this of Tennessee Va!!ey Authorsty holdms when it later reversed the court of wreala-

3. Promulgation of the Interim Rule T

lh ' the (Hertsville Noclear Units). 5 NRC 92,103 s,uQeju"us ,,sh in response to the NRDC v. NRC n oy, (19~7). As part of its response to the requirir.s that fuel cyde impacts be considered ia decision and a related decision. Hartsvdle decision, the regulatory s.taff reactor heensma proceedmas Vermorrt YanAce. Ae3Chl/ mon V. NRC, 547 F. 2d 622 (D.C. scaght and received pertnission from Nudcar Power Corp. v. NRl". US U S-519.539 Cir.1976), the Commission on August le a e m et th uel reactor hcensing boards to introduce 976 issued a General Statement of evidesce of the public health vermont vankee decisions had no further Policy (CSP) (41 FR 34707) announcing con.aquences of the nuclear fuel c,cle precedential sigmricance insofar as they differed an intention to reopen the fuel cycle compared with the coal fuel cycle. Cf. In from the nde as red ites tuss' rulemaking proceediag to supplement the Matter ofPublic Service Company

• interpreters of the opmion have differed over the gg g

Mlative weight which the c urt of appeals in ofInd;cnc. Inc. (Marble HdlNuclear reaching its decision attached to procedural management and reprocessing impacts G,errerating Station) 7 NRC 179.187 bradequacies and to insufficiency of the record.no and to determine whether or not the rule (1978). As the rule required, health supreme Court was persuaded t.1-t the ineluctatae should be amended. The Commission effects m the staff's submissions were mandate cf the court a decision is that the directed the NRC staff to prepare on an based on the tabulated radioactive P' d"r 'ff rded durms the hearties were inadequate? c5 U.S. sie. s42. De Supre ne Coun expedited basi! a revised and well-release values in 10 CR 51.20(e).* BY resersed the wurt of appeals on this procedural documented environnestal survey as this t me, homer, the original Table quesuon and remanded for consideranon whether the basis for an interim rule On Waste S-3 had been replaced by the amended the evidentiary record supported the rule The wun management and reprocessing impd3 table in the interim rule as a result of 'I'Ppeals has held in abeyance its decinton on the 'emand. pedag cm$ahn of the Causeds T e hal Sawn Mcy abo lep! developments discussed next. final ru:emaking directed that no new fewpower 9 009 August 17,1970 51-SC.18

I PART 51

• STATEMENTS OF CONSIDERATION operstmg licenses, construction permits, issues would be more thoroughly be altered in what respects.""Both or limited work authorizations should discussed in the final rulemaking NUREG-0116 and NUREM216 were issue, pending the conclusion of a proceeding. The Commission terminated specified for inclusion in the hearing notice-and-comment interim rulemaking.

show cause proceedings initiated record.The fuel cycle was to be taken to With regard to licenses already issued. pursuant to the General Statement of include alternatively (1) no reprocessmg the Commisson indicated that, if Policy. noting that "the values in the of spent fuel, or (2) reprocessing of spent requests for a show cause order based interim rule are not sufficiently different fuel for purposes other than recycle of on fuel cycle grounds were received, from the values in the original Table S-3 plutonium, with follow-on mterim and/ licensing boards would be assigned to to warrant revocation or suspension on or long-term storage or disposal of dete mine whether the licenses in cost-benefit grounds [of previously plutoniurn and wastes from 9uestion should be continued. modified, issued licenses]."43 FR 43806. repmcessing, with plutonium either separated from or m, cluded with the or suspended pendin doption o7 an

4. Initiation of the Pmsent Rulemoking wa stes. "

interim rule. Following promulgation of the interim The following parties participated in ne revised enironmental survey, rule, the Commission published a notice this reopened proceeding: the staff of NUREG-0116.-Supplement 1 to WASil-of hearing which initiated a fmal NRL: the Environmental Protection 1248, was completed in early October, rulemaking. 42 FR 26987 (May 26.1977). Agency; the Department of Interior; the 1976, and on October 18 the Commission The procedures announced in the notice U.S. Geological Survey; the States of publided a notice soliciting public were the same as those applied in the Califortua (Cahfornia Enetgy Resources comment on the survey and e proposed original hearing, except that specific Conservation and Development interim rule. (41 FR 45849). Comments provision was made for the Hearin8 Commission). Delaware Maryland, received in response to that notice and Board to entertain suggestions from Ohio. Wisconsin and New York; the Commission's responses to those participants regarding questions which Baltimore Gas and Electric Co., et el (a comments were later published in the Board should direct to witnesses er group of 16 utilities): Commonwealth March 1977 as NUREM216. other participants."The subject of the Edison Co., et c1 la group of 8 utilities): Supplement 2 to WASH-1248. hearing was " confined to the the Tennessee Valley Authority; the On November 11.1976 the environmental effects of spent fuel Aihed-General Nuclear Services Co.: Commission announced that licensing reprocessmg and radioactive waste could resume on a conditional basis (41 management in the light water power Exxon Nuclear Company: Westingk usa o Electric Corporation: the Alomic FR 49898). As factors in this decision the reactor oranium fuel cycle, and to the 'ndustrial Forum: the Natural Resources Commission noted that (1) the court of question whether the outcome of the appeals had stayed its mandate, leaving interim rulemaking should be made Defense Council; the Pacific Lega! permanent for future use, or if it should Founda tion: Environmentahsta. Inc : the the S-3 rule formally it: effect but Sierra Club: the Union of Concerned condi'ioning new bcenses on the Scientists: Mr. Marvin Lewis: and Dr. outcome of petitions by licenser for Chauncey Kepford. Supreme Court review of the court's At a prehearing conference held on decision.' and (2) NUREG-0116 provided July 28,1977 the Hearing Board provided significant support for the conclusion for the submission of wntten direct that waste management and testimony by the participants. written reprocessing impacts are slight, so that questions and answers basod on that the interim rule, when promulgated, testimony and follow-op questions, all would not be hkely to prOJuce res JI's la 'jnn'n ce t an om e d the t y of prior to the start of the oral hearings. reactor licensing differe'it from the o.andate pend.ng completion of supreme Court These hearings began on [anuary 16. original rule. The Commission also Acnon ne supreme Court's remand and 19 8 and concluded in March 1978 after suspended show cause proceedings on oubwquet schon by N coun of appeak have left ten days of testimony. During the fuel cycle grounds against hght water [d ' ', [nt "[d pr icN'" "on 'Ie "srings, in response to a petition by the o reactor licenseco. The Commission onsmal 5-3 ruie wm legally sufhoent. see note at State of New York, the Board expanded directed that new licenses could be " subsequently the Commission directed the t' scope of the proceeding to consider issued only if a separate analysis Appeal Board to consider for the ten facilities the economic feasibility of the model ' determined that rse of the impacts in

• Nac'ed by the tuminated show cause proceeding.

facilities on which the proposed Table the proposed inttrim rule would not tilt ),Pa" '"*[ 'j S-3 value9 wer? based. The Board "' 8 erm n th nn the cost benefit balance against the s,,he use of the values in the interim rule wou:d conducted all of the questioning during rea ctor, have on the NEPA cost benent balancas for h the oral hearings. On Marcn 19.1977 the Commission Particular facihties involved " 5 NRC M7. 7173 The Board compiled an extensive promulgated the interim rule (42 FR [Q,,"dId nYtiit evidentiary record, including the stafTs t ne b an samat 13803) to be effective for eighteen any of the facdine in quaten. s NRc 2s. 2a-ao. s NUREG-0116 and NUREG-0216 the months, subject to extension for good Nac s3.102-104. s NRC 205. 200 OsM and staff's testimony on the economic cause.10 CFR 51.20(e). In support of the aoncladed. The effecta eseisned by the intens nde feasibihty of its model facihties, the interim rule the Commission noted that "'*'"r*""""'"c7c"-

• • ""#b ""'"

the two environmental supe ements* direct testimony of participants l so they could not possibh serve to call for the NUREC4116 and NUREG-0216. a8mi, men, or any parncular nutrear facary with regard to fuel cycle impacts not withm the rovided a " sufficient informational unless h ec st-benent balare for he fac*ry== scope or the hearing the notice obsersed that the asis for the interim rule..." The obse ni eM equiposse " s NRC at 104 staM had berm a generalupdate whids was Commission acknowledged that "there "U"l'ouary a irs m Comnuumn modined npected to lead to a separaie rulemaims are gaps in the information needed for a the pros.edaues to allow partiapants to croa*- proweding A propossJ out!me for thaa " update of ,um,n, no,,,,,, oo,,,ctnc factol inuca at the w Asu-izaa was announced by the aff on detailed assessment of waste close of oi, terstause type beannx whe. is aadd s peember 7. tro 42 i 21. nes sanoi. management and disposal technology" be demonsirated web particulanty that the The ur4 acts b reprocessing waste but found thaj "the costs of not P'"'d "" "* * " '"*'Y k' P"F' " * ""'d manas ment and transportat+on of waa ee snen in "d'"" '"' ' ""d d'""Q h8 'N 88-the uderun rule are 9amunaud for either of Die twa proceedin8 outweigh the risks of examinauon un fact occurred Afra e speaal fuel cycles cons de.ed (no repmressing and proceeding by interim rule,,, given that heanag so cena.dar requesta, the wrd found thai ,, pro,,,,m, o,4 io,,co,,, o,,,,o,4 s,,,,,, 3 to within a relativelv rhort period the the requisite demonstrations had not been mada. we s a, w m st ao us7at } { j gugust 17,1979 i SI SC-19

f PART 51 e STATEMENTS OF CGNSIDERATION cxceedmg 1.100 pages, two rounds of required for an adequate description of Procedure Act. 5 U.S C. 553, are met. 435 written q lestions propounded by fuel cycle environmental impacts. These U.S. 419 (1978). The fuel cycle participants and several hundred pages participants generally supported rulemaking not only afforried these of responses. more than 1.200 pages of preparation of an explanatory narrstive basic notice-and-comment procedures but urged a broader scope than the one but also provided extennise additional transcript of oral hearings, written rebuttal testimony of the partres, and proposed by the Board. written and oral procedures, including Other participants supported the several not offered by the hearing board final concluding statements of the Boards recommendation for adoption of in the original S-3 rulemaking. A few parties, filed June 28,1978. the modified Table S-s but questioned participants expressed the view that the On August 31.1778 the Hearing Board the need for an explanatory narrative-record might have been improved. had submitted a 137-page report to the They pointed to procedural problems of the Board exercised its discretion to Commission which summarized this providing adequate notice before a permit cross-examination. but no one record and outlined the significant narrative could be incorporated as part has argued that the record is legally issues raised by the participants. Also, of the rule. Some parties concluded, w deficient from a procedural standpoint. responding to the Commission's request the grounds that the D.C. Circuit had not As noted earlien. however, several for the Board's views, the Board criticized the portions of the original S-3 comments to the Commission submitted en October 26,1978 its rule dealing with the front-end of the questioned whether the record provides Conclusions and Recommendations.The fuel cycle, that there was no legal sufficient evidence to support the Board recommended that the requinment fa a narrative or h numbers in the modified Table.The Commission adopt as a final rule a considershon of feel eyene d htd h w e m m modified Table S-3 proposed by the ou e the ta es NRC staff, in which the mejority of that the model facilities analyzed by the staff wem for one nase e another entries were anchanged from those m, The NRC staff favored adoption of the unacceptable as a basis for determining the mterim rule.The Boerd als mcd,ified Table S-3 as a fmat rule but fuel cycle impacts. The Commission recommended that a "brief exphmatory , erred that an explanatory narrative believes that the substance of these narrative' be adopted as part of the be eferred for preparation as part of c mments has been adequately rule, which among other thmgs would the general update.The staff noted that addressed by the Hearing Board in the interpret the signif cance of the explanatory material subject to discussion supporting its tabulated impacts m terms of litigation in individual licensing recommendations. Conclusions and environmental dose committnents. The proceedings is presently introduced to Recommendations of the Hearmg Board, Board s recomrnendations xlentified several aspects of the rule which in the accompany the u. 2 of Table S-3 in such Docket RM-w3.ne issues of greatest proceedings and recommended that this importance or special concern to Board's view should be improved upon practice continue. commenters are reviewed in the during the genera! update of the fuel On January 19,1979 the Commission following subsections. cycle ruley heard oral presentations from the

c. Ecoconic Feasibility. The proposed Shortly before the Board a recommendations were issued, the commenters. These presentations rule clearly would be open to serious Commission announced that it would provided a valuable elaboration of the question if the model facilities on which receive participants' written atstementa parties' views bu'

' 'ot change the the values in Table S-3 are based would commenting on the rulentahng record casic positions statu m the written be prohibitively expensive to build and comments. ne Commission accepted operat. In response to the Board's and the liearing Boards recommendations.Nme participants brief su,nplemental wr tten submissions request for evidence on economic submitted comments, inchxhng the NRC following the oral presentations and feasibility, viewed in this narrow sense, staff " Several partierpents argued that ther closed the record of this proceeding the staff submitted cost estimates based the record did not support adoption of as of January 23,1979 on material from the GESMO procee Lx.'* From these estimates the the modified Table S-3 New York State III. Final Rulemaking IIcaring Board found per-reactor costs asserted that the record showed the model facilit>es on which the table was

1. Adoption of the modified Table S-3 of reprocessing and waste management to be on the order of ten percent of the based were not economically feasible.

ne Commissia has found that total costs for buildmg and operating an Other opponents of the table argued that except f r technetium-99 releases the individual reactor. The Board concluded the tabulated impact values did not record supports adoption of the that such costs were not prohibitive. adequately reflect imdettymg m dified Table S-3 as a final rule, as Recommendations, page 58. uncertainties revealed by the record. In rec mmended by the llearing Board. Comments by the State of New York partrular. they questioned basing The participants comments and the challenged the Board's conclusion that repr ssing impacts on model facilities Board a recommendations have made establishing fuel cycle costs at a few rathen than past operating experience. clear that the Table is not free of flaws. percent of total gentrating costs sufficed The omission of technetinm-99 releases but for the reasons discussed below the to demonstrate economic feasibility." from the table was also criticized Commission believes that these,will not Several parties who opposed adoptng significantly impair the Table,s acenene ruinmmenui suie nent on the ti.e of the table stressed that dose usefulness as the starting point for Retycle Plutomum m Min d oude roei m tashi commitments and health effects, conside ing fuel cycle impacts in Water Cooled Reactors. NUREG-0002. August 1TS economic and socioeconomic impacts. individual reactor licensing proceedm.ps. " Also. dunna the beenna and in a separate and cumulative impacts were not addressed by the table and were To begin with, there can be little ", 'Q"$rm=Qconum=>on on g w doubt that this rulemaking has ben cha ursed that dot:ar..Ive imp.ct should be adequete from a procedural standpoint. b.ought whio the. cope of the s-3 prowedes .t. ne roener at donar e iue econmme tmp.ct. i..eper ,,sa e n.be.e The Supreme Court's Vermont YcnAce $'"j,,j'.,"trat ooaet Ru-su ih.i thi.,$;'{*j'" i decision confirmed that informal agency the. R o es fen ct e rulemak, g is procedurally sufficient m cbb. ete siste er N w York. e:e sutes orotuo and rebruary s WMot+ sin. BMt:more Ca. and E2ectnc. et at wben the notice-and-comment rulemams w. not tiended to enminp . tutt ConmmeM E& son. M ot the Tennessee Vaney requirements of the Administrative economic analysia 1,.dma io mausion or economic Au'J1ont). enu the NRC.taff. cov. n the uramum fuel cyde rule ~ De On4.er 1.>h I August 17,1979 51-SC 20

t '\\ PART 51

• STATEMENTS OF CONSIDERATION New York cited testimony by its own (or reactor spent fuel treated as waste) assumption reflects the possibility that witnesses asserting that the economics would be stored in interim facilities the spent fuel storage canisters and the of nuclear power are precarious and that (water basins and retrievable surface fuel rod cladding will be corroded by the back-end fuel cycle costs will tip this storage facilities) for about twenty years salt during the period the repository is doubtful balance against the nuclear and then disposed of by burialin a open (roughly 6 to 20 years), and volatilo option. This evidence, New York bedded salt geologic repository."The materials in the fuel will escape to the concluded " mandates a finding of staffs interim storage model was not environmer.The staff assumed, economic infeasibility of the back end of seriously questioned at the heanng. The however, that after the repository is the uranium fuel cycle."

technology for storing spent fuel sealed there would be no further releas e The Commission believes New York elements under water in pools is well of radioactive materials to the missed the distinction between the established; radioactive releases to the environment." broad issue of nuclear power economics environment have in practice been With regard to this assumption of and the much narrower question of extr mely small arid may be expected to complete repository integrf ty, the emnomic feasibility of specific models remai1 small, even if pool storage is Hearing Board identified as the major aste management and protracted by delays in establishing concern the question "whether water 4.yucessing. Whethernuclear power is disposal facilities. The Cominialon might enter, dissolve the radioactive good business is not an issue in this concludes that the staff analysis of materials, and transport them to the rulemaking. The fuel cycle rule will be interim storage impacts was reasonable. biosphere." The staff assurned such used only when someone has decid'i in any case, the values in Table S-3 transport would not occur, for reasons rightly, or wrongly, that nuclear power is would not be significantly affected by summarized by the Board as "in part sufficiently viable economically to any reasonably foreseeable variations based on the fact that the salt in which warrant applying for a reactor license. from the time periods and models for the waste would be buried would have Once the reactor has operated, back-end interim storage assumed by the staff. existed for millions of years free of fuel cyle activities must be carried out. Analysis of waste disposal water except for a small amount of whatever the cost This rulemaking necessarily involves greater uncertainty entrapped brine, and could be expected addressed the environmental impact of than interim storage because disposal to continue to so exist. The location those activities based on methods and technology has not yet been selected. would be one oflow seismic and facilities which could on technological Consistent with the court of appeals' volcanic activity and with few resources grounds reasonably be employed. The ruling that it suffices to assess one important to man, so the prol A lity of economic feasibibty question, correctly credible waste disposal method, rather intrusion by na'ure or by humans would identified by the Hearing Board, is than the full spectrum of altematives, be small. Salt is plastic and would tend simply whether these methods might be NUREG-0116 chose to analyze "dcem to heal son e types of intrusions. so outlanishly expensive that there will emplacement in a stable geologh Furthermore,if water were to reach the be a " major incentive for reducing medium (bedded salt) under the repository and dissolve the waste, [rasts] at the expense ofincreasing the continental U.S." The staff concluded natural barriers provided by media radioactive effluents above the values that this technology "has the greatest surrounding the salt would slow the rate

• *
• in Table S-3." Recommendations, amount of substantivt hformation of trhnspcrt so that most of the page 58.The Commission believes that available from which to mmmarize radioactivity would decay before it the fuel cycle cost estimates arrived at environmental impacts" and would be would reach the biosphere."

by the Hearing Board took adequate " reasonably representative ofimpacts Conclusions and Recommendations of account of matters in controversy and that wot'd result from any appropriately the Hearing Board, Docket RM-50-3. provided a reasosable basis for the designe d geological emplacement." page 34. Board's conclusion that the staff's NUREG-0116, page 2-9. documents prepared since 19's ne bedded eelt models are economically feasible in the The waste repository impacts of mncept was dina cd esten=>vely in wntten and sense described above." greatest concern are radioactive onl tuhm ny at b hearMg Fw nampk %

b. Waste Management and Disposal.

effluents which might escape to the Deed ls,"l 851 "'"Er In deternuung the impacts associated biosphere dur:ng the thousands of years characien.hc of an beds u a repository mesm ~ re c with waste management and disposal which must elapse before radioactivity occupin 37 Pages of the hearing transcnpi. Tr. egg the staff assumed that high-level waste in the waste has dropped to an E D chet RM-5G-3. In addition, the present state of epen the possibihty that the detaded econonuc mots instgr"ficant level. For spent fuel knowledge regardmg nuclear waste d;sposal and its imp.c,. has been estensively detailed m the Report of the fuel cycle might be dealt with in a taier disposal the staff made the conservative to the Pruident by the Interspency Revtew Group generic rulemaking. N Commission will refer the assumption that fission-product gases in on Nuclear Waste Management ("lRG Report"). States' monon tc tne staff for treatment as a petit a for rdemalang pursuant to lo CF1t 2.s01 To me the spent fuel, including all tritium. 2m2 (March to 91 and the draft Subgroup extent that fuel cycle dollar ealee impacts ar* gryptJn-85, cargon-14, ang iodine-129, Repwt on Altunabu Statrain fx b isolehm of Nuctur Wute, nD-2am (Drs4 OcmWr 1rs. relevane to the met. benefit balance for a reacto, would be released during handling and .b nambers u T.ue s-3 renect th2. u.umed they may a; present be mnsidered m individual emplacement of the waste prior to complate rolesse In the alterrative that spent fuelis licmaing pmcee% sealing of the reposifog.This reprocessed rather than disposed of directly. % The Board s cost estunates took into account

• • Ihe program of interim storase followed by

"'*" 8 New York's vigorous objection to the stafTs use of a gniogic disposal is in broad outhne the same wute 3 : Percent discow i rate. De Board computed a management model cocaidered in the artsmal fuel pr dedfor espture of most of the todme-tre N ra 4te of estimata,. fuel cycle costs based on retum. cycle rulemaking. but the record developed la the f,*,'[jM"' i 1 e-that appears in TotJe S-3 is for on avestment of 2 and 0 percemt. suggesled by New present proceedma is far more exterisive. York as more reabshc. and based its sudgment on particularly with respect to disposal. Dr. Putman's 6 sistes (pages 2-1112-11):.una ei an overall cost estimate large enough to include the tes dmony at the onginal rulemaking in 19r3 " # "I upper hmit of the range & Board alen noted its consisted largely of a description of a proposed performs as supected end mamtams the wastes in view that costa of decoeumaanordng a power retrievab' surface storage facility for contmuously isolahm. N n heale.. foUows a sunple (me; reactor, a matter of controversy at the hearing, are monitored interim storage. Conceming ultimate facihty specific and should be considered in disposal without further survell!ance. Dr. Pittman F "" ' "'"I " N Individual reactor proceedinge rather than included noted that a maior effort was underway to FH

• M N Nason to Maen that H mU nmata among the costs of the fuel cycle activines w' ach determine whether d sposal in oedded salt was undisturbed into the future. even though mildly n

are the subtect of the geaetic rule. N Cunmisanon d:fied by placmg the wasles into it." e finds the Board's ressor.ing correct on tius pomt and acceptable. but he did not oescribe the concept in confirms that reactor decommissioning costs are not any detail. In contrast, NURIG0116. Section 4 ( Supplemenung th.s basic rahonale. Sett on 4 4 of relevant to this rulemakins. provides a 3G pap quantitative discuuion of NURIG011e prendes a detarled renew of muans disposal of lang hved westes le a bedded salt ice behevmg that a bedded s 't dierosat system. P"""' "3#'C'"'*"*" repesitory, with citahone to many relevant technical for the full penod needed for wssee detosAahon. SI-SC-21 {f []t ) } August 17,1979

I PART 51

• STATEMENTS OF CONSIDERATION The Commission finds that these for waste disposal. That kind of isolation of radioactive waste from the characteristics of a bedded-salt judgment is in the first instance to be biosphere."

repository afford a reasonable basis for made by the Department of Energy and Assuming an initially suitable site is the staff's conclusion that the repository will be subject to further review in a found, the Board noted that particular can maintain its integrity, provided that Commission licensing proceeding when concern had been expressed regarding si'es meeting the selection crite ia can a particular proposal comes before us. the possibility that heat released by in fact be found and developed. On this Nor is the Commission making radioactive decays in the waste might key issue the evidence in the record is judgments in this proceeding as to the alter conditions in the salt so us to give tentative but favcrable. At the hearing a likehhood of waste disposal being access to water and promote migration witness for the U.S. Geological Survey accomplished safely.That issue has of the waste. As the Board points out in testified that he believed it possible to been address-d separately by the its recommendations, however, the find sites for repositories that would Commission.s. average temprature rises in the salt give the low release rates estimated by Furthermore, the Commission intends will depend on the density of waste the staff. Transcript at 729. Although n in the near future to con :uct a generic emplacement. Increasing the amount of land com itted to the repository specific location has yet been identified proceeding to reassess the outlook for as meeting the criteria. the widespread the availability of safe w aste disposal reduces this density and may be meti is in hght of new data and recent expected to be an effective measure for distribution of salt deposits favors the view that suitable sites can be found." meeting concerns about temperature developments in the Federal waste effects. During the proceeding the staff Such general es idence, conpled with the management program.u proposed a modification to Table S-3 absence of eny stro,g argurent that a in view of the uncertainties noted site cannot be found probs ly affords raising the acreage committed to waste as strong a record as tan be made on regarding waste disposal, the question disposal. nis modifica tion is included then arises whether these uncertainties in the table adopted as the final rale. the issue until a specinc site has been thoroughly investigated and found to be can or should be reflected exnlicitly in Even allowing for some eventual suitable.n the fuel cycle rule. The Commission has leakage of water into the repository. For these reasons and based on this concluded that the rule should not be so information in the record indicates that record it is the Commbsion's judgment modified. On the individual reactor transport of materials out of the that a suitable bedded-sa't repository licensing level, where the prr dings repository area would take tens of site or its equivalent will be found, but deal with fuel cycle issues or, thousands of years.The only apparent the Commission notes and dgrees with peripherally, the Commission sees no natural mechanisms cited which might the Interagency Review Group on Waste advantage in having licensing boards reasonably cause major releases Management that areas of uncertaintv repeatedly weigh for themselves the involved very low prchability remain regarding both the hkelihood of effect of uncertainties on the selection of catastrophic events such as a large finding a site and the probability that it fuel cycle impacts for use in cost-benefit meteor strike on the reposnory or will perform as expected."The balancing. This is a generic question fo mation of new geologic faulting Commission's judgment in this regard is properly dealt with in this rulemaking as intersecting the area. Releases through W limited to the purposes for which this part of choosing what impact values accidential intrusion by man remain proceedmg was brought-namely to should go into the fuel cycle rule. The possible but in the Commission's view specify for NEPA purposes the Commission concludes, having noted unhkciy since casual intrusions should environmental impacts to be considered that uncertainties exist, that for the be virtually impossible and sites should in individuallicensing proceedings as limited purpose of the fuel cycle rule it is be selected in areas 05 ring httle part of the environmental cost-benefit reasonable to base impacts on Lie incentive for deliberate intrusion in analysis for a power reactor. It is in n assumption which the Commission search of natural resources. Given the way intended to be a judgmer.t for belieus the probabilities favor. i.e., that staff's assumption that volatile fission choosing among alternative technolog.ies bedded-salt repository sites can be products are totally released before the "NUREG-o116 notes that salt deposits have been found which will provide effective repository is sealed, the Commission finds that taking post-scaling releases as found in 24 of the 50 States. Sec. e 41.1 pen de beyond a few thousand years, our Zero does not significantly reduce the "In view of the nften-cited experience at Lyons, overall conrervatism of the table. Kansas. 6t is worth mennomns that the failure of a di n shes n e emh U s'[n rNoYef5tseIId s[r$"'thNe7s bittF "" #"# * '" *Y ' **

• Y
• "d*Y"^'***"'"*"*'"'

dispoems of high level & nte in mmed repositories of the Commission a news on weste daposal na part of the bedded salt repos. tory concept. At Lyons. een only be assessed on h basis of speufic of the commitmet t which the Commission has made Kansas. an initially promisus site later prosed huestigations at.an.d.determmations of saltabihty at to Cor.gres. The final IRG repcrt, which was unsuitable because of previously und:scovered Lore p,g, g,, lElven et the t.me of as ailable to the fuel cycle rulemakmg parncipants holes and ed acent mming operations that i decommissiomna some uncertamry about repostiory only at the close of the ruiemakms and only in draft comprormoed the integnty of the site These performance will sull esist? ne Commission form. will be part of the new information which the problems were specific to the site rsther than bsWu h WG pp's v'ew that suitable ades Commission will consider m its reass2asn mL The inherent in the concept. can be ulentified but that uncertainty about Corr. mission wGl announce at a later date the Mese residual uncertainties were noted in the npo,, tory padormance cannot be enurely spedfic procMures to be adopted for this Report to the President by the interagency Reuew sh.amated is consistent with the record compiled in proce-dma and its precise scope. Group on Waste Maragement.11D-29442. March the fuel cycle rulemakerig nEven af. contrary to the evidence m the record 19*9, which was discussed m draft form at the 42 Fed R4 34391. luly 5.177. See also Naturu/ and the Commission a expectabort bedded mit January 19. Ir9 oral prvsentation. htespondmg to Resarces Dc/ense Couard v. NRC 5a2 F. 2d too repositones should uliimately be found not comments on the feuibihty of waste disposal m (2d Cir.1rsl-adequate, the stroris mcenove to deselop sound mi.M repositones, the IRG report states on page 42- "N) scientific or techruca' reason is known that e immediate occasion fw this proceedma is waste disposal methods and the mepor effort now the D.C. Circuit's remand to the Commasmn of directed to this goal make et likely that a means of would prevent identifyms a ele that is suitable for a o$nnesoro v. NRc. Nos 7&t269 and 70 effective isolation will be found among the many repository prended that the systems view is unhted vigorously to evaluate the suitability of sites and 2032 tMay 23. Ir9) to coa.ader whether there La peukyr. disposal techauques twing considered The designs. and m mmimizias the influence of future reas nable assurance that an off site storage IRG Rerrt (see note 24 aboveJ nbtee on pmte 3 that human activities A su: table site is one at which a solvh n fw nudear westu will be available by the "mcreased levels of support.. arid t: roader range ' repository would meet predetermined cnterm and yurs 2E4 the nparation dates for 1. censes of of discipimes involved have led to a piestly would provide a high degree of assurance tha: entain nuclear plants where the Comraission has increased accumulaban of knowledge wittun the radioactre waste can be successfully isolated from granted permts to npand on-site spent fuel (waele management l prorrrm. The currem rete of capaches and if not, whether there as reasonable growth of knowledge is e ey large.? the biosphere for penode of thousands of years For soeurance that the fuel can be stored safely at the '1 0 017 / Am;un D,1979 51-SC 22

PART 51

• STATEMENTS OF CONSIDERATION In summary, the Commission commercial experience in the United in any event, the Board observed, concludes, based on the above States with reprocessing spent uranium radioactive releases and natural gas considerations and the more detailed oxide fuel from light water reactors was consumption, which are the maicr analysis given in the Board's obtained at the Nuclear Fuel Services reprocessing impact contributims to recommendations, that the staffs model plant (NFS) in West Valley, New York.

Table S-3, are primarily dependent on for assessing impacts of waste disposal This relatively small plant, which is no the amount of spent fuel processed per is reasonable and adequate for the longer in operation. had the capacity to reference reactor year and are not much purposes of the fuel cycle rule. process on the order of one metric ton of affected by reprocessing plant size or

c. Repivcesshte. The reprocessing spent fuel per day but in practice capacity factor.

alte native consioered in this achieved a capacity factor of only 0.33 With regard to radioactive effluents proceeding involved reprocessing of as compared with an expected 0.8. A from reprocessing plants, the Board spent fuel for purpose <. other than high level of adioactive effluent found that the impact salues "are recycle of plutonium.hin considering releases was experienced during the reasonable and in most instances a;e this altemative, the Commission NFS operation. overestimates of the impacts that would expresses no view on the likelihood that Tb staff based its reprocessing actually occur." Recommendations at 17. such reprocessing will take place.2= impact estimates on performance The Board noted that the s:aff assumed Under this alternative the staff assumed predictions for future facilities rather spent fuel would be reprucessed after that sp-nt fuel after too days cooling at than on the NFS operation. The staffs 160 days decay, while in all likelihood the reat'o t ould be shipped to a model model reprocessing facility is intended any spent fuel actually reprocnssed in reprocessing facility, where the to be representative of the as-yet. the foreseeable future will probably uramium, plutonium, and fission unoperated Allied Gulf Nuclear Service have been stored five yers or more products woulo be separated by the Plant at Barnwell. South Carnlina, built following removal from the reactor. In s Purex solvent extraction process into with a capacity of S metric tons / day, this period iodine-131 (8-day half life) three liquid fractions. The uranium and Exxon Nuclears proposed Nuclear will have decayed away, ruthenium-100 would be converted to uramium Fuel Recovery and Recycling Center. (368-day half-life) will be reduced by a hexafluoride for recycling at an designed for an ultimate capacity of 7 f.: tor of about 30. and tritium and enrichment plant The plu. onium still metric tons / day. The staff assumed that I 'yPton-85 will be reduced by a factor of containing about five percent of the the model facihty would operete with a 1.3 or more. fission products to deter diversion, capacity factor of 0.8 and would The Board observed that the control would be converted to plutonium oxide reprocess spent fuel from 57 model measures which the sta'f relied on to and pack sged for disposal in a Federal reactors."The staff assumed that achieve decontamination factors greatly waste repository. The high-level liquid effluent control measures proposed for superior to NFS experience "have not was:e MLLW). containing the bulk of the model facihty would achieve for been operated in the combinations the %sion products, would be stored up several radioactive effluents a de gree of proposed, and some has e been tested to five years in ianks and then calcined decontamination greatly exceedi w that nly in the laboratory." and formed into glass for repository demonstrated at NFS.: Recommendations at 20. Nevertheless disposal. The Hearing Board found that the Board found these tests sufficiently No significant question was raised at equipment was presently evailable or convincing to support the staff a the hearing regarding the staff's choice reasonably likely to be developed that conclusion that the assumed of processes, but considerable would enable operation o a decontamination factors can be r controversy arose concerning the staffs reprocessing facility on the scale achieved and probably surpased.The assumption that the performance of the assumed by the staff. The Board noted low decontamination factors at NFS model facility would show a significant that design improvements intended to were, in the Board's view, largely improvement over previous commercial vercome operational difficulties caused by faulty desigr. and perhaps reprocessing experience. De only experienced at NFS have been faulty operation. The Board concluded incorporated in Barnwell and that in any that tne staff had probably case no oroblems identified in the overestimated the amounts of cNsIu$e"ar nao [r.n~""p"o" ' pden' record aheared too difficult for solution ruthenium, non-volatile fission products comnua.oo tenninated prowedtnse on pendins or by sound engmeering an-! additional and transuranic nuclides likely Io be futw= plutonium recyde-related sceos, expenence. The Board found that the released during normal operation of a o

• PPhcations and halted proceedmgs on the Generic capacity lactor of 0.8 assumed by the model reprocessing facihty."

su"o$o id"$d r.rggy staff was probably too optimistic but In its comments to the Ccmmission, ~ ( ura.uum and plutomum misht be r-cyded tmia that a factor of o.7 was likely to be the Sierra Club stressed its view that spent hght water reacto. fuel and fabncased into achieved. Even with this lower capacity reprocessing imp cts (including fresh mixed oxide fuel on a wide scale in the factor, the Board found that because h occupational exposures) should be d Os Fuel, e NRC set [1sry)_ see 61&ff had probably overestimated the based on the NFS historical experience "ne comiam a we m % amount of spert fuel discharged rather than on " idealized hypothetical of ianuary za, tra (Comminionar counaky annually per reactor the staff's model facilities. or alternatively that the table dassenting) noted that "Ahhough the 'once-through-facility would still be able to reprocess shoJd be amended to include two sets tuel cyde is currentiy the reference case for tJnited spent fuel from 57 reactors, as assumed. States pohcymakins purposes, the puMty d se some form of reprocesams for waate managrement Wa au radionuttides. as noted purposes is not e=duded and therefore the previ usly leee n te zak the staff assumed all Commiassor, decided that this alternatne should be "'I 4 '" 'P"' b'I induded as we!!. De Commiu.on peid parucular " As of March tr9 there wem seventy hght n' U 'Uo'u"="dihe D eIs'e"la0 Tf fk O 2 60"e?"inTs'Of!?o"u002,%"a Uni,7d%;" " ""d ' i d "'='h-solely as a waste produc' and would and t. um to be overeshmates and the carbon 14 m plutonium available m a f n urnM strehunm muion value of 24 cenes to be " reasonable? ne u pi t a d othn transuranic &ard found that the staff had also overeshmated reactor fuel ne Commiss e asiz t 8 c des '8 8Hu calmnah n Mneu micases fmm mpmuning but this refusal to cut back the se f c ntenau n factors estunate is of no consequence e nce the todme 129 rulemaking is not to be at conprt this of about lo'were measured at NFS for ruthenium, value in Table 54 la based on total releases from ng. strontium, and cesium. See Recommendations at 22. spent fuel dunng waste repository opersuon 1 Oi4 SI-SC-23 / U!1 August 17.1979

PART 51

• STATEMENTS OF CONSIDERATION

-: reprocessing estimates, one based on Acccrdingly, the Commission llearing Board's recommendation that hicorical experience and the o'her on concludes, as in the matter of waste an explanatory narrative which e dresses these subjects should be msdel facilities.The Sierra Club al o disposal uncertainties, that uncertainties a t.alled attention to the omission of in reprocessing impacts should be prepared and adopted as part of the fuel technetium-99 releases from'lable S-3 resolved within this rulemaking by cycle rule. Although such a narrative is and argued that these releases would be adopting tabulated impacts based on not legally required provided an significant.** model facilities using technology mosi adequate description of fuel cycle The Commission does not accept the hkely to be employed. Except for impacts is given in individual view that historical expece should technetium-99 releases, the Commission proceedings. the same reasons whicn be the definitive measure foi has therefore found that the modified f avor treatment of fuel cycle impacts by reprocessing impacts. The Commission Table S-3 provides an adequate generic rulemaking also favor esaluating fmda that the staff and the Board were treatment of reprocessing impacts. It the significance of those impacts by reasonable in recommending that appears from the record that technetium rulemaking. rather than by repeated reprocessing impact estimates take releases from the fuel cycle will occur adjudication. The Cnmmission ag.ees. account of expected technological but are not included in the table. The however that adoption of a narratae by improvements. especially where most if Commission believes that Table S-3 rulemaking will require adequate notice not all of those improvements are not should be supplemented dur.cg the and opportunity for public comment and therefore cannot be done without a simply " hypothetical" but are already general update by inclusion o. an designed, constructed, and installed in appropriate value for technetium further proceeding. Since the narratise an existing facility (Barnwell). As the releases. Pending this supplementat.on, must address important basic issues in evnments pointed out. Barnwell has not both the enagaitude and the arriving at a rnethod for evaluating the c;#rateo, and the:e is always environniental significance of significance of fuel cycle impacts.82 the uncertainty whether untested facilities technetium releases from back end fuel Commission has determined that such a will work as well as plaaned. But even if cycle activities may be considered in proceeding should begin promptly. one agrees with the observation made in individual reactor licensing proceedings The Commission has directed the staff several of the comments that in nuclear which have not been noticed for hearing te prepare by October 1.1979, a draft technology thines almost never work as on ensironmental matters prior to the narratise for the Commission's review well as plann< 't would seem that effectne date of this final rule. In view prior to issuance for public comment. reasonable allowance for this factor is of the flearing Board's conclusion that Pursuant to the Atomic Energy Act of included within the staff's many the conservative assumption of 1954. as amended, the Energy coruiervatisms and overestimates of complete release of iodine-129 tends to Reorganization Act of 1974. as amended, releases noted by the llearing Board, compensate for the omission of the National Environmental Policy Act Furthermore, the Commission does technetium from Table S-3. the of 19s. as ammded, and sections 552 and 553 of Title 5 of.he United States not believe that including in the table a Commission finds it unnecessary to n parate set ofimpact estimates Lased reopen closed proceedings or to disturb Code, the followhg amendment to 10 on NFS experience would illuminate the consideration of environmentalissues in CFR Part 51 is pubbshed as a document uncertainty issue. NFS impacts are not presently pendmg proceedings to subject to codification. to be effective on likely to be a meaningful measure, esen provide for consideration of technetium. September 4.1979. a s a limiting case. It is clear from the 99 releases. qcncral dissatisfaction with the NFS 2 Ge Explanatory Narrative. facihty that further, nmercial reprocessing ventures i rill not be As the comments indicate, this attempted unless their proponents have rulemaking grew well beyond a narrow sound reason to expect much better inquiry into the evidentiary basis performance, including reduced supporting the numbers tabulated ir. the interim rule. The broader perspective occupa tional exposure se taken by the participants and the IIcaring Board has helped clarify many aspects of fuel cycle environmental impacts not covered by Table S-3 which "T*h""'um 99 is a relatively volatile need to be addressed, at least raionurbde with a half hfe of'13.000 years The conceEtuall. In a comErehensive fuel Y Hear ng Roard found that the assumption that all ind:ne W is released *tends to comrensate" for the cycle rule. Until such a rule is developed nebct of technetium The Board concluded also important generic fuel cycle issues must that technetium releases could probably be continue to be htigated in individual con'ained at least as well as ruthenium releases' reactor licensing proceedings. These " Among these issues is the question of the time w hich in the Board a view the staft had issues mclude-but are not necessarily permd oser whirh dose commitments from long overestimated. The Board recommended that te< hnetium release impacts be considered euphet y limited to-environmental dose hved radmactne effluents should be evalua'ed The as pan of the general update. Commitments and health effects from coun or appears obsened wns re,.rd to wasie dapos.i that Vlhe tonic life of the weste under t "Thus the N13 facihty is not representative of fuel cycle releases, fuel cycle discussun far esteeds the hfe of the p? ant bemg "custmg technology"in the sem af an ongomg socioeconomic impacts, and possible I emel The ermrunmental effects L: be actnity which will continue.. a p.esent lesel of imact until technical breakthroughs occur The cumulative impacts Pending further conudered a-e those 110-me from reprocesam, and court of appeals' comment. 547 F. 2d 638. note 13 treatment by rulemaking. the NRC staff pasine storage for the full detoxification penod " noted by the Sierra Club. that it might be desiralde is directed to address these matters in s4-F 2d s39 note 12 The analys.s required by NEPA a of course. subiect to a nJe of reason See to have alternative impact estime'es. one " based the environmentaj analysis g,,,,r resee wcteorroner corp r Knoc c5 only on existma techndogy" and another which takes account of ariticipated developments does no. accompanying a proposal tr$ NSue a US 5N 5N Op/ NRDC v Marton. US F 2d en in the Commission's view apply to the reprocess., hmited work autl~.ation. const uction ar.o c cm sc/ How dose commitment s:tuation as it now custs The court of appesis a.so permit. or operatir g license for a power es Aatmns oser coended penom of time might be stated that it had "no occasion in this case to ded. performed and wh.it their sigraficance frnght be are rea ctor. whether a court could ever requtre such a subrec is wh:ch the Commission espects an proced re " u The Commission has accepted the espi.nator> n.rraine would address O Q.}h August 17,1979 51-SC-24 / s 1

PART 51

• STATEMENTS OF CONSIDERATION Separate Views of Commissioner Bradford on Commission's decision so circumsenbes it on Nuclear Waste Management stated it was S-3 that the worst harms foreseen b)

"awam of scientaEc issues concerning the I Commissioner Gihnsky cannot result from adequacy of salt as suitable geolo ic medium o any responsible reading of the current for emplacement of concentrated waste I am concurring in the latest version of the Statement of Considershons. exhibiting high surface temperatures. S-3 table with the understanding tliat it is to (Repori of Task Force for Review of Nuclear be extensively supplemented. Today's Il Waste Management. U.S. DOE at 9. February decision does improve somewhat on the IN present interian version. Ilowever. it remains Dy memorandum of January 2tt 19~8. to the One oMe inues on which NRDC a document with four weaknesses that will Fual Cycle Rulemaking liearing Board. the requested cross-examination was the staff's Cemmission ordered that the Boar entertain have to be improved through the promised lack of analysis of media other than salt. narrative and update proceedmg. The en aests f r cmss+xannn=t. n pa cu ar Now, without this inquiry, the Commission WWesses on specific famualissues w ere a weaknesses are the zero release repository makes a " judgment" that an "eqmalenr to a judgment the reprocessing scenano, the showing could be made with particu arity bedded salt repository will be found. This les statem n th l$ealth fects an Rep r as da e e ea g a C h' time commitments involved. Additionally. I " '"**[ * " over.'Thus the Commission has. through the , ji do not agree with the ambiguous and p,,",d th he leari ard ould apply " jgn

• p pomtless restriction on the htigation of the

8 asb a

ad e the pmceduro 'in a sen tMad ful technetium issue and wonld prefer to handle a distant and separate part of the gosernment fashion so as to assure t e ventn at n and it as was agreed to by four Commitsioners on and has thereby cost itself any chance to consideration of waste managemen issues May 3.1979. correct the weakness of the record. called for in NRDC v. NRC. 547 F.2d 633 (D C. I can concur in the,,zero release,, number In refusing to permit crosoemammation oli Cir.1976)."I dissented from the extraordinary " ' dis osa ha k f only because it is better founded than the discretion delegated to the Board and the h p s, eg, h mmission a same figure in the present interim version. restrictive criterie for cross-examination. and b.rcause as the Commission states. this bsessive r.eed not to now a ut t e The Board was neilbrr sensitive nor careful assumption does not appear to affect the S-3 in its decision to deny all cross-examination, usertainho nga4ng Hs wask &sposal . confidence; W hile continuing to express table's overall conservatism. Nonetheless. assumptions Raer than assuring the ventiation and that the wastes can and will be there are uncertainties here. and the Boads consideration of waste management and summary of the record has not done them disposalissues. the Board stifled full disp sed of safely and whde judgmg that a justice.'The fc.thcoming narrative will. in my exploration of crucial and difficult subjects bedded salt repository or its equivalent wdl view.need to address this subject. even when the staff, to its credit. did not be found which will have a zero rete.se after h.rthermore.1 think that the Commission object. it is sealed, the Commission has never goes too far in terming its assumption that a The denial of cross-examination on two allowed a proceeding to take place where " bedded salt repository or its equivalent will particular issues serves to illustrate the witnesses supporting these siews could be be found" to be a " judgment."I thmk that consequer.ces The Sierra Club sought to cross-examined. httle more can be said by a prudent cross-examine several witnesses on the While this approacn has been found by regulatory agency at this time in the face of release of technetium from the waste courts not to be inconsistent with this record and the general uncertamty than management and disposal fuel cycle Congressional intent. It is inconsistent with that the direction of current federal programs facihties. The Board denied the request in an accurate appraisal of the consequences of makes a bedded salt repository a responsible general terms.* stating that many of the new licensing actions.1 would rather that this workmg assumption for NEPA purposes. That matters were not involved in this proceedmg agency had looked less for the legally is really all that I think the staff testimcay or not in serious dispute. Moreover. the Board acceptable minimum procedures and more for supports. ' said its review indicated that each subject a process that gave the Commission and More seriously.1 continue to disassociate w as " fully ventilated" throug.. other ultimately the public the riost accuraie myself from the optimistic assessment of the procedures. The Com.nission's fmding on possible conception of the ensironmental wdste mmnagem ?nt program cited by the technetium rejects these con:h'sions of the commitments being made on its behalf. maiority that is in 42 Fed. Reg 34391.81n Ju'y ' Board. The Commission found that 1977. the Commission reached a sweeping

.chnetium releases should be included in

'P*' N. " N "" conclusion on the sufficiency of what then Table S-3. Iloweser because there was not na A phon oMe M Rub a passed for a waste management program sul bient evidence in the record to derne a In February the Commiss:on decided to go without benefit even of a notice and comment rele, se figure. the Commission ordered that forward with a final table of nuch or fuel proceeding. never mind a formal review. For the is +e be htigable in individual cycle environmental impacts [S-3) without this Str tement of Considerations to reference procce 'ngs. Thus the Ce mmission. contrary waiting for the narrative explanatiori w hidi it that denial of a requested rulemaking as an to the Board, viewed the release of directed tha NRC staff to prepare " expression of a Commission view on the technetium both as being insufficiently accompany the table. Without c an safety of a waste repository proceeding is sous dispute and so inadequately explanation of the effluent rel. alues in procedaral farce of a low order. It should not ventilated as to require further htigatun. terms of radiological dose coma aents and be done here, especially in light of the By avoiding s full record on technetium. the associated health effects, there is not much commitment to a new generic proceeding Board has shown the futinty of the use a licensing board can make of the table in As to reprocessing. I have concluded that Commission's ptocedural shortcut. As I noted deciding wheiher or not to approve a license. Commissioner Gibnsky was in many respects in rr.y January 26,1978 dissent. the delays The new table is in fact almost identical to cecrect in his d.ssenting views from our cau3ed by withholeng cross. examination can the interim table in use now. ne major effect J anuary 26,1978 Memorandum on the scope far exceed the " delays" inherent in cross. of adopting a final rule now without an .of this rulemakmg Nevertheless, the record esammation. De ism of technatium release explanatory narrative is to relieve pressure has now been built on what may be an now may be litigated in every individual for the narrative's preparation. To av'id this unhkely case. and it seems tc me the licensmg proceedmg. Instead of being cross. result I earl.er urged the Commission w hold examined once, staff witnesses are up promulgation of a final rule until the 'See for example. Transcnpt. p 729 ne potentially subject to cross-examination in narrative is available and approved by the Commission improves upon the Boar #s many proceedings, with licensing boards. the Comm,ssion, i onderstatement G Hs Footnote 24. p 40. However. Appeal Board, and possibly the Commission the IRG report itself at that pomt contairs a reviewing the record of each case. 'issentmg view from members who felt that The Board also refused to eilow crosa. insufficient attention was gnen to "sigmficant gaps examination regardmg the uncertaiattes of and uncertamties in our current techmcal bedded salt as a waste medium. This refusal ' M'* " d" * d O* M " 4 1" understrad:ng." was particularly unfortunate since. as noted '9** "O 'Transcnpt. p 534. 575-by the petitioner for cross-cxam; nation. it h,"" "lU " C ' Memorandum and Order. p. 41. came immediately after the DOE 1ask Force SI.SC.25 I Anone P 1970

PART 51 e STATEMENTS OF CONSIDERATION At issue is each reactor's share of effluent Also Ihase ccme to agree with rrteases from the operation of 'he overall Commissioner Bradford that the Commission nuclear fuel cycle. But the table values do not should not hase delegated to the S-3 lleanng depend on the characteristics of the spect'ic Board the discretion to make final determinations on whether or not to allow powcrplant that is the subject of a licensing p*oceeding-they do not distingmsh among cross-esamination on issues arising m the reactors. As a rensequence,it is virtually course of the proceeding. inconceivable that the t able would affect the outcome of any such a licensing proceeding before one of our boards. A findmg that the reactor's share of the fuel cycle effluents outweighs the benefits of the plant in terms of the electric power it delivers is tantamount to a conclusi in that no reactor should be licensed.' A 3 a practical matter. such a finding, reaching the very core of NRC decisionmJing could-and should--come only from the Commission itself. If there is doubt about the outcome of this question the Cornmission should address it directly. By not addressing it and by dealing instead with the fuel cycle environmental impacts in reactor licensmg ficensing proceedings by handmg the hcensing boards a table of effluent releases the Commission is in effect saying that these impacts should not affect the outc;me. That may in fact be the right conclusion; but if it is, the Commission should state it clearly and nct hide behind a table of numbers. T11ere is i wther reason for my disagreement with the Commission's action in approving the final rule. I would not adopt at least one of the vahics in the table-the zero expected release from a high level waste repository. I am concerned that the Commission's cipressed confidence In the perfect long term operation of such a waste depository may be misplaced, especially in view of its being based on a general examination by the Board in this proceeding of the bedded salt repository concept. In this regard. I note that the D C. Circuit Court of Appeals in Minnesota v.NRC has remanded to the Commission the question of whether there is reaaonable assurance that wastes can be disposed of safely and at what point in time disposal can reasonaMy be effected I think that the generic proceeding which the Cr.mmission plans to conduct in response to the D C. Circuit's decision will give us an appropriate vehicle for a thorough-poing esaluation of the problems involved m the government's conunitment to a waste disposal solution and the hkelihood that such n program is not only feasible but is also on ./ courne. .f / I No such repository has yet operated.The prospectise constructors of such a repository have not yet agreed on a design or e.en chosen a geologic raedium. It seems enomalous, at this stage, for the regulators to mpress more confidence on this score than the repository designers and bui;ders themseln s hase cspressed. I would add two brief comments. I presiously argued that there was no need to include in this analysis an option for reprocessing, especially the contrived reprocessing mode which was considered in this hearing. The inclusion of this option has indeed complicated and lengthened the proceeding.

• TL em th. he f# ryde effluents add 2 one s.L

' + - 5m beWe* and thus mii. tip 11, som .a.m nd not m c%s in naive. Augu st 17,1979 51-SC-26

PART 70 = STATEMENTS OF CONSIDERATION Register. Based on the public comments potential adversaries wishing to obtain Special Nuclear Material of, Moderate or and other considerations, the a 5 kg formula quantity of plutonium Low Strategic Sigmficance. The guide Commission has adopted the proposed would have to commit separate acts of is being pubbshed for a sixty. day amendments, with modifications as set theft at a large number of widely comment penod and will be reissue forth below separawd sites without being detected, with comments taken into consdcra ion. The effective physical protection the Commission has decided that the The amendments to 10 CFR Parts 70. 73 amendments are designed to have threat to the common defense and and 150 would become effectise at this overall equivalency to the security of this country was sufficiently Il "YS recommendations ofINFCIRC/223 Rev. Iow that physical security measures "{P" ('," d 1, but ti ere are differences in the should not be required for Puna scaled therefore have 240 days after publication detailed requirements. INFCIRC/225 sources. There is an upper limit of 500 of the amendments to submit their plans. Rev.1 recommendations are designed to grams of plutonium to which this he plar would have to be imp!cmented minimize the possibilities of theft or exemption can be applied because 30 days after approval by the sabotage of SNM of moderate or low greater than a 500 gram accumulation of Commission or 360 days after (date of strategic significance. The effective plutonium in this form invalidates the publication in the Federal Register) amendments have been primarily basis for this exemption. IAEA g designed to require early detection of gmdelines a!!ow for such exceptions in Another area of comment dealt with the" of SNM of moderate or low the case of research type facihties. employee screening. Some of the strategic significance. Ilowever, in (2) More than 80 percent Pu-238-The I censees interpreted the screening requiring early detection capabilities, proposed rule has been amended t requirement to call for a full field background investigation of all these amendments deter the possibilities ref.ect that plutonium with isotopic. of theft or diversion. In the judgment of concentration exceeding 80 percent in personnel entei,g the controlled access areas where the material is used or the Commission, the degree of plutonium-238 would be exempted from protection afforded by the coetainment, the physcial protection requirements. stored.The wording of the rule has been monitoring and detection procedu;es This rSange corrects an oversight in the revised to more clearly indicat that the required by these ariendments provide initially proposed amendments in which requirement is meiely one requn ng a screening based on kenwledge of equivalency to the INFCIRC/225 Rev.1 it was intended that such material persons permitted access rather than a recommendations for protection of theft would be exempted to be consistent formal security inve;tiga tion. The or diversion of SNM. with the definitions of Category at and Significant differences from the III material in the IAEA document guidance package being issued with the proposed rule published for comment on INFCIRC/225/Rev.1. rule explains more fully the intent of this requirement. May 24,1978 are: (1) Plutonium-(3) Search requirements-Package and There was one other area of comment Deryllium (PuBe) scaled sources would vehicle search requirements at facilities for which no specific changes were be exempted from the physical at which special nuclear material of made to the amendments but which is of protection requirements: (2) Plutonium moderate strategic significance is used significance. These comments dealt with isotopic concentration exceeding 80 or stored hase been changed. As generally with the technical jutification percent in plutonium-238 would be revised, random searches are only for the preposed amendments. exempted from the physical protection required regarding items leaving Many af the commenters questioned requirements:(3) package and vehicle controlled access areas. and not of those the tech iical justification for thr-search requirements at facilities where entering. The primary objective of entry proposed amendments on the basis e i special nuclear material of moderate searches is to detect materials which the a lack 01 detailed information strategic sigr ficance is used or stored could be useful in sabotage. Since regarding the threat: the additional costs a have been changed:(4) The period of protection against sabotage is not within time allotted for abmittal of a licerace the scope of the proposed amendments, of mplementation they perceived to be plan to implement these requirements has been changed from 60 days to 120 an entry search requirement is not incommensurate with only marginal improvements in physical protection; necessa ry. and the impacts on the licensees' days af ter the ettective date of the (4) Submission and Implementation of ongoing educational and research amendment. In addition, editorial aml Plans-Several commenters stated that programs. Particular attention was clarifying changes were made and some more time would be needed than the focuses by some commenters on the s definitions added to clarify the intent of sixty days allowed for submission of physical protection requirements for low the regulations. physical security plans, or amendments enriched uranium. The following discussion pertains to to them, following the date the proposed items (1) through (4) above. amendments become effective. The technical justification for the U.S. (1) Pune sealed sources-Commenters The Commission agrees that rnore adoption of the proposed amendments is contingent on both domestic and stated that the cost of providing the time may be required, especially in the required physical protection for PuBe case of licensees who have limited international factors, which are closely sealed sources would be prohibitive managerial and finacial resources, and interrelated. Current NRC physical from the point of view of the limited has changed the submission date to be protection regulations apply primardy to budgets available at universities where 120 days following the effective date of strategic special nudear matenal most of the sources are now located. the amendment. In addition. the licensee (uranium enriched in the isotope U4n Imposition of the proposed is now requi ed to implement the to 20% or greater. IM33. and plutonium) requirements,it was said, would result approved security plan within 240 days in quantities of fis e formula kdograms or in the curtailment of the use of PuBe f 11 wing the effective date of the greater. There are no spemfic physical sources at some sites with a significant amendment or within 30 days after the protection requirements F r quantities in P an is approved, whichever is later. lesser amounts. ht, it can ne properly l, impact on the educational and research argued that a 4 9 forrn. dogram programs at those institutions. In view Concurrent with the publication of the of the very small quantities of plutonium amendments, the NRC is publishing a quantity of SNM is at m.t as important a qn mtity as 5 0 kilograms. Multiple thefts found in PuBe scaled sources (generally. Fuide entitlcd " Standard Forrr ' md from 16 to 161 grams) and the fact that Content for the Licensee Physe a mch materials in clase to formula r Secunty Plan for the Protection af q.anuies could result in the 3 n In 8 1 70.SC.17 Ju'y 27,1979

PART 70 e STATEMENTS OF CONSIDERATION accumulation of more than a formula p44rn479s quantity. The proposed detectiort Published 8/16/79 requirements are considered to provide Effective 9/17/79 sufficient protection with minimum added cost so as not to affect Licerrsing of Production and Utilitation educational and research prarams. f acilitiesiracilitics and Access for Since the requirements are of c g,3fy,y, jy,y,,,j,y detection nature rather than prevention. characterization of the adversary in the See Part 50 Statements of Consideration. regulations was deemed not to be necassary. In regard to low enriched uranium (11U) (enrichments less than 20%). clr adestine enrichment to higher levels rray go beyond the capability of ..ubnational terrorists, but it does not *to beyond the capability of other governments. Unless properly safeguarded, low enriched uranium could be stolen on behalf of foreign governments and enriched to explosive useable levels after it is smuggled cut of the U.S. The Nuclear Non-Proliferation Act of 1978 specifies that NRC shall promulgate regulations which assure that physical security measures are provided to special nuclear materials exported from the United States without specifying whether the materials are low enriched uranium or high enriched uranium. Pursuant to this legislation, the Commission has promulgated 10 Cl3 Part 110.43 which provides among other things that: "[b) Commission determinations on the adequacy of physical security programs in recipient countnes for Category 11 and 111 quantities of rraterial will be based on available relevant information and written assurances from the recipient country or group of countries that physical security mearures providing as a minimum protection comparable to that set forth in INFCIRC/225 will be maintained." While the proposed amendments would provide a needed extension of domestic physical protection to special nuclear materials for which the level of physical protection required was not previously specified, the full value of such protection could not be realized until similar protection is afforded all such material among the nations utilizing such materials. Physical protection measures similar to those 3 n p,1 g proposed, which are based on the / '> 1 recommendations of the IAEA Information Circular INFCIRC/225/Rev.

1. have already been adopted by several countries.

Pursuant to the Atomic Energy Act of 1954, as amended, the Energy ReorgaW2ation Act of1974, as amended, and sections 552 and 553 of title 5 of the United States Code, the following amendments to Title 10. Chapter I. Code of Federal Regulations. Pa. is 70. 73, and 150 are published as a doct. ment subject to codification. August 17,1979

PART 73 e STATEMENTS OF CONSIDERATION public comment before issuance of an down searches of regular employees at against sabotage by an insider at effective rule. Accordmgly, the nuclear power plants, two. man rule nuclear power plants. The Commission. Commissicn. for good cause, finds that procedures and compartmentalization therefore, has decidecf to delay from notice and public procedure are could be aade.The Commission August 1.1979 to November 1.1979, the r..ecessary and contrary to the public received this report April 1979, and is date when pat-down searches of regular mteres:. presently evaluating the emplo3ees and these other Ahhough this rule is being pubhshed recommendations of this report, complementary or alternative measures in effective form without a prior public EFFECTIVE DATE: Aupust 15,1979-comment priod, the public is invited to to pat-down searches have to be FOR FURTHER INFORMATION CONTACT: implemented. submit its v ews and comments. Aher Afr. Robert A. Clark. Chief, Reactor Tbc Commission has determined that resiewmg Sese Wews and ccmments. the Cemmsion may recensider or Safeguards 1.icensing Branch. Office of this action is consistent with the mod;fy Se intemn ru'e as it deems Nuclear Reactor Regulations. U.S. common defense and security and the Nuclear Regulatory Commission. necessary. protection of public health and safety. Washington. D.C. 20555. phone 301-492-The Commission has, for good cause Pursuant to the Atomic Energy Act of 7230. 1954. as amended the Energy found that notice and public procedure Reorganization Act of 1974, as amended, SUPPLEMENTARY INFORMATION: On on this amendment are unnecessary and sections 552 and 553 of Tit:e 3 of the Febr :ary 28,1979 the Commission ,e of the earlier public United States Code, the following changed the date from February 23,1979 participation in the rulemaking amendmer.ts to Title 10. Chapter I, Code to August 1.1979 when pat-down proceeding leading to 10 CFR 73 55. The of rederal Regulations, Part 73, are searches of regular employees of nuclear amendment is also made effective on published as a document subject (c power plant licensees, two-man rule August 15,1979, because it serves to cod.,fication. procedures and compartmentalization to relieve a restriction that would provide protection against insider otherwise be imposed on affecied sabotage at nuclear pacr plants had to be implemented. The rationale for this licensees of the Commission on August 1,1979. 44 FR 43280 extension was c'eveloped in the Federal Published 7/24/79 Register notice c n this subject. 44 FR Pursuant to the Atomic Energy Act of 1954, as amended, the Energy E ffective 11/2139 fleorganization Act of 1974, as amended. , The primary reason for delaying and sections 552 and 553 of tc!e 5 of the Safeguard Requ:rements for Special t{ath "E s on needed con ider Nuckar 4faterio/s of Afoderate and Low them in light of the material access amendment to Title 10 Chapter I. Code Strategk Significance authorization program and was awaiting of Federal Regulations. Part 72 is the findings of the ficaring Board before published as a document subject to See Part 70 Sta"ments of Considerations. making a decision on the measures. The c dification. llearing Board submitted their report to the Commission, April 1979, and the Commission is now evaluating the h44 FR 47758 p recommendations rete different from EHective 8/15/73 then of the staff for nuclear power plants. That is, whereas the staff recommended a material access 10 CFR Part 73 authorization program consisting of a full field background investigation for Requirements for the Physical individuals granted unescorted access to Protection Of Nuclear Power Plants Type i vital areas, the Ilearing Daard recommended among other things a AGENCY: U.S. Nuclear Regulatory national agency check and a Commission. psychological screening program. The ACTION: Effective rule. staff has informed the Commission that if the Ilearing Board's recommendations SUM M AR Y: The date w hen pat.down are adopted the elements of this searches of regular employees at nuclear program would require additional time power plants, two-man rule procedures to implement through rulemaking and additional compartmentalization pr cedure. have to be implemented for protection Clearly, more time will be needed to against insider sabotage is being evaluate the liearing Board's changed from August 1,1979 to recommendations. In the meantime all November 1,1979. The delay is beiag licensees have met all the other granted for essentially the same reasnns requirements of i 73.55 and the cited in the Federal Ru;ister notice of Commission is satisfied that these other February 28.1979.14 FR 11201. It was mea:cres combined with search rmted in 44 FR 11:01 that the procedures presently being followed, 4 f), 0 Commission was awaiting the results of and other actions being developed to 4 htaterial Access Authorization Program the llearing Board Report on the assure trore positise access control to t> pe ! vital areas, will in total, for the before a decision on the need for pat-inter;m. provide adequate protection 73-SC-17 Auaust 17.1979}}