ML19253A200

Minutes of ACRS AD Hoc Subcommittee on Spent Fuel Storage Pool Design 790103 Meeting in Washington,Dc.Fr Notice, Attendance List,Schedule & Copy of Proposed 10CFR72 Encl

ML19253A200
Person / Time
Issue date:	05/31/1979
From:	Advisory Committee on Reactor Safeguards
To:	Advisory Committee on Reactor Safeguards
References
ACRS-1605, NUDOCS 7908200098
Download: ML19253A200 (75)

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"' ~iilEJTES OF THE ACRS SUBCOM:h. FEE MEETING ON

$f3lh9 SPENT FUEL STORAGE POOL DESIGN JANUARY 3,1979 5-Mof WASHINGTON, DC l'DA 7hh The ACRS Ad Hoc Subcommittee on Spent Fuel Storage Pool Design held a meeting en January 3,1979 at 1717 St., NW, Washington, DC. Notice of the meeting was published on December 19, 1978 and is included as Attachment A.

A tentative schedule for the meet-ing is included as Attachment B.

A list of meeting attendees is included as Attach-r.ent C, and a copy of 10 CFR Part 72 wnich was submitted to the Subcommittee is in-cluded as Attachment D.

Mr. E. G. Igne was the Designated Federal Employee for the meeting.

INTRODUCTORY STATEMENT BY THE CHAIRMAN Dr. Siess, the Subcommittee Chainnan, opened the cecting by reviewing the purpose of the Ad Hoc Subcommittee on Spent Fuel Storage Pool Design. He stated that the Subcommittee was Established about a year ago mainly to stay abreast of the design of the expansion of existing spent fuel storage pools at reactor sites in order to increase their fuel storage capacity. Continuing, he stated that the purpose of this Subcommittee meeting is quite different; that the independent spent fuel storage installation (IS:SI) will not be at a reactor site, and that spent fuel from more than one plant can be handled. He further stated that the NRC Staff has recently issued, for comment, a proposed rule as part of Title 10, Code of Federal Regulations, Part 72; and that the Cont-ission has asked the ACRS to comment on 'the proposed rule.

R. Bernero, NRC Staff R. Bernero's presentation briefly reviewed the reasons for the need for an ISFSI.

He stated that originally, spent fuel would go from the reactor into a reprocessing plant. Changes in reprocessing policy and failure to close tha back end of the fuel cycle led to a situation where a need to store spent fuel and to store it for greater lengths of time become necessary. The Staff,

'c. essence, has already licensed a number of facilities that could te called ISFSI in the preseat context.

These are the NFS West Valley, the GE Morris, and the Barnweil facilities.

The licensing staff requested that the NMSS draft a clear regulation on the ISFSI.

R. Stanford, NRC Staff R. Stanford presented the general design features of the ISFSI. He stated that the ISFSI is a new step in the fuel cycle, being somewhere between a nuclear power plant and a fuel reprocessing plant or a high level waste repository. He further stated 803 195 7 008200 MS '

5 pent Fuel Storage Pool De;ign 1/3/79 that fuel was originally intended for storage for less than one year. The ISFSI is designed to accept fuel that has decayed from at least one year to five years after being discharged from the reactor. The heat generation from the time of discharge decays by about a factor of 10 in the first year and by a factor of 40 in five years.

The acti"ity decays by a factor of 50 in the first year and a factor of about 200 in five years.

R. Stanford stated that zircalloy is a highly corrosion resistant material at post-storage conditions and that the fuel under similar conditions is very stable.

In addition, he stated that the pool water acts as a containment, that activities, if present, are either dissolved or suspended in it. The activities can then be re-roved from the water by filtration or excha. 3 techniques.

R. Stanford further stated that for this reason a containment building is not necessary, and that the pool of water in this case acts like a containment building.

In addition, because the heat generation rate of the one-year-old fuel is low, the water in the pool can be iost and the fuel can be adequately cooled by air without significant overheatint if the fuel storage configuration remains essentially intact. Calculations indicate that the fuel temperature under this condition would be about 500 to 600 F.

P,. Stanford continued stating that there are very few accident mechanisms for the release and dispersion of the activity in the spent fuel. He emphasized that there is no mechanism for its release, and no way to disperse the release off site if it occurs. Because the ISFSI is designed to be compatible with a truck or train trans-portation mode, the pool will be designed to be about at or below grade level.

The site will be built in an area of low seismic potential and away from flood plains, and the ISFSI will not have a hardened cooling system. The cooling system for a 1000-ton pool could be shut down for days and there is plenty of time to rake repairs and to add water. There is also no need for a ventilation system, since air quality levels at GE Morris are less than 5 percent of Part 20 require-rents. Ventilation requirements may be needed when the casks are vented in the filter and changeout areas, and where compacting the contaminated solid waste is parformed, but these require only small ventilation units operating within a cell.

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Spent Fuel Storage Pool Design 1/3/79 In reply to a Subcommittee question, the Staff stated that the heat generation rate In addition, the for the aged fuel is about 10 kilowatts per metric ton per year.

Staff stated that aged fuel contains no Iodine-131. Further, the Staff stated that the ISFSI does not have a design basis accident but that they have assumed a loss-of-all-water accident to determine site acceptability, even though this accident is not a creaible one.

R. Stanford stated that the ISFSI will have a conventional steel frame structure with conventional siding enclosing the pool. A tornado missile has been assumed to pass through the building and rupture 20 tons of fuel. Calculations indicate that the boundary activities are very low, well below existing regulations.

The walls of the pool will be made of concrete about 30 inches thick with a stainless steel liner.

The pool will be designed to a seismic requirement of 0.25g, and is to be sited at those locations with a 500-year recurrence interval or less for a ground acceleration of this level. This feature is.ausing philosophical problems with some branches of the Staff. For example, the ISFSI could be located in the vicinity of a nuclear generating power plant with a design SSE of less than 0.25g, but no provisions are made in the proposed regulation to permit design of the ISFSI for a lower "g" level than 0.25.

Likewise, no provisions have been made in the 9roposed regulation for an ISFSI design capable of withstanding a higher "g" level. This unique siting and design requirement is different from present licensing requirements. A major difference is the 500-year recurrence interval in recognition of the reduced conse-quences.

Sabotage was mentioned only briefly, but could not be discussed in an open meeting; because no proprietary or classified material was being discussed, the meeting could not be closed under the F.0.I.A.

R. Stanford stated that the ISFSI licensing process will require one safety analysis report (SAR) and one license to be issued prior to construction. The license condi-tions will cover preoperational testing and operations in addition to construction.

R. Stanford then discussed the poulic comments received so far. He stated that no significant comments have been received thus far.

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. The Subcommittee felt that quantitative analyses of the various accident scenarios have not been sufficiently addressed at this neating. At the next meeting accident acenarios, including Class 9 accidents and beyond, :,Sould be quantitatively addressed.

N]TE: Additional meeting details can be obtained from a transcript of the meeting which is available at the NRC Public Document Room,1717 H Street, NW, Washington, DC, or can be obtained from Ace-Federal Reporters, 444 North Capitol Street, NW, Washington, DC.

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NOTICES 59183 r,uide 't.141. Ret Lsion 1. may do so by rangements can ba made io allow the

'rovidmg a readily reproducibic copy

1. Pet!tinn to remove a product frorn the ia the Subcommittee at the beginning neces.sary time during the meeting for list of ellctble articles for the Generalized such statements.

System of Prrterence. '

of the meeting. Ilowever, to insure The ngenda for subject meeting llanrars and ot her buildings. bnders.

that adequate time is avnilable for full deration of these comments at shall be as follows: Wednesday Janu-D'##

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tbc ceting, it is desirable to send a A m. until the conclu-maMs. mA rooling framcmorks. door and J.

nadily r(producibic copy of the com.

sion of business.

stndow frames. shutters, balustrades roi.

urr.ns. pillars and posts. nnd ot her st ruc-ents as far in advance of the meeting The Subcommittee may meet in Ex.

tures and parts of structures. all the forego.

m practicable to M r.

Gary R.

ecutive Session. With any of its consul. ing of base metal: <Of iron or sterit uittschreiber ( ACRS), t he De>ignat-tants who may be present, to explore can ta tu g Federal Emplo>ce for the meeting, and exchange their prcliminary opin.

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jO,('f,',,,,,,,, ng in care of ACHS. Nuclear Regulatory sons regarding matters which should Commission Washington. D C. 20555 be considered during the meeting and produnmn pianorma.

or telecopy them to the Designated to formulate a report and recommen-

2. Petilloner-international Association of Federal Employee (202-634-3319) as dations to the full Committee.

Bridge. Structural and Ornament al Iron Workers far in advance of the meeting as prac.

At the conclusion of the Executive

3. Action requested-withdrawal of osP ticable. Such comments shall be based Session, the Subcommittee will hear be ne fits.

.ipon documents on file and available presentations by and hold discussions

4. Acti n taken-Petition accept ed for for public inspection at the NRC sith representatives of the NRC Staff. '" '#* ""d "" D3 D#"""" '#h'd "3#d' Public Document Room. 1717 li Street. N.W. Washington, DC 20555.

and their consultants, pertinent to the All interested parties are invited to agenda items. The Subcommittee may submit their views on the requested Further informa tion regardmg topics to be discus.ed, uhether the then caucus to determine whether the action to the Chairman of the TPSC.

rnceting has been cancelled or resched-matters identified in the initial session Room 728.1800 G Street NW., Wash-have been adequately covered and ington, D C. 20506. Written comments uled, the Chairman s ruling on re-quests for the opportunity to present w hether the project is ready for should be receited no later than the oral statements and,the time allotted review by the full Committee.

close of business January 17.1979, therefor can be obtained by a prepaid Further information regarding Notice of Public Hearing-The telephone call to the Desmnated Fed-toples to be discussed, whether the TPSC will hold public hearings at the cral Employee for this meetme, Mr.

meeting has been cancelled or resched Office of the Special Representatise Gary R.

Q uit t sc hreiber, (telephone uled. the Chairman's ruling on re-for Trade Negotiations, Room 730.

202/634-3267 between 8:15 a.m. and quests for the opportunity to present 1800 G Street NW., Washington, D C.

540 p.m., EST, oral statements ar'd the time allotted beginning at 10.0J a.m. on Wednesday. ~

January 24.1979, and continuing until Dated: December 14,1978.

lc onec to all witnesses wishing to appear have JOHN C. Hont, Adessory Committee.

eral Employee for this meeting; Mr.

[q '"sts to present oral testimony-Elpidio G. Igne. (telephone 202/G34 Ma nagement O//icer.

3314) between 8:15 a.m. and 5:00 p.m.,

All requests to present oral testirnony.

IFTt Doc. 78-35192 nled 1218-78. 8 arn!

EST.

and accompanying written Dr efs. must be received by the Secretary of the Dated: December 14.1978.

TPSC, Room 728.1800 G Street NW.,

(7590-01-M]

Jons C* Hont, fa ngton. M 205% (20245 7

e201) not later than the close of bun.

ADVISORY COMMITTEE ON RE ACTOR SAFE.

3 0 [g ness Wednesday, January 17,1979. Re-GUARD 5 $UBCOMMilfit ON SPENT FUEL 7*

Quests to present oral testimony STORAGE D c. 78-35191 hied t2-t8-78. 8.45 ami should conform to the regulations M"6ae codified at 15 CFR Ch. XX, Pi. 2001-The ACHS Subcommittee on Spent [3190-01-M1 2003 and 2007. FR 45532, September 9.

Fuel Storage will hold an open meet-1977, and should contain the name. ad-dress, telephone number, and official mg on January 3.1979 in Room 1046 OFFICE OF THE SPECIAL REPRE. position of the party making the re-1717 H St..

N.W.

Wnhington. DC 20555, to review the NRC proposed SENTATIVE FOR TRADE NEGOTIA. quest and of the party lio will pra-rule on Liernsmr Requirements for TIONS sent the oral testimony. It is prefer-the Storage of Spent Furt in an Inde-able that oral testimony not duplicate pendent Spent Fuci Storage Installa.

TRADE POtICY STAFF COMMITTEE written material, but emphasize the main points contained in the briefs or tion (ISFSf). Notice of this meeting Auersance of Petition for Review of Freduct petition.

e.as pubhshed No'. ember 20, 1978 143 Eligblity Under the Geriero'ined system of Written briefs-Briefs should con-FR 54147).

Preferom es In accordance with the procedures form to the above cited regulations (15 CFR, Ch. XX, Pt. 2001-2003 and 2007).

outlined in the Fiornat. H rcistrR on E

October 4.1978143 FR 45926), oral or for review of a petition for the modift-Should be submitted in 20 copies, and w ritten statements may be presented cation of the li.st of articles receivmg should contain the name and arldress by members of the put:lic, recordings duty free treatment under the Gencr-o' the party submitting the brief. In-will be permitted only durin:: t hose ahzed System of Prefercnces (GSPI as formation submitted as busine:s con 11-dential mfo:mation must contam a portions of the. meeting when a tran, protided for in Title V of the Tmde script is brmn kept, and questions may Act of 1974 (88 Sint. 2066-2071. 19 nonconfidential summary snd must be encily separable from other informa-be a3ked only by members of the Sub.

U.S.C. 24GI-24GS). This petition indi-tion.

committee. Its consultants, and Staf f, cates the existence of unusual circum-Public Inr.pection of information-Persons desiring to make oral state-stances u at rantine an immediate ments should notify the Dr3fenated review by the Trade Policy Paff Com-Subject to the regulation of the TPSC, and except for business confidential Federal Employre as far in adtance as mittee tTPSC). The rfescription of the information, at! written materials liled practicable so that appropriate ar-petition is as follows:

In connection with the hearmgs will be Pf DERAL RIGI5f tR. VOt. 43, NO. 244-TUE5 DAY, OfCEMBER 19, 1978A&chd A mm

TENTATIVE SCHEDULE ACRS SUBC04MITTEE MEETING G1 LICENSIfC REQUIRD4EWS KR 'niE STORAGE w

SPENT FUEL IN AN INDEPENDE W SPENT FUEL STORAGE INSTALIATION (ISFSI)

JANUARY 3, 1978 WASHINGTON, D. C.

APPROXIMATE TIME I.

INTRODUC70RY STATEMENT 1:00 p.m.

ACRS Subcommittee II.

DISCUSSION OF PROPOSED RULE 1:15 p.m.

Introduction a)

J. Martin, AD for Fuel Cycle Safety and Licensirg, tv3S b)

R. Bernero, AD for Material Safety Standards, SD 1bchnical a)

Siting features 1:30 p.m b) Seismic design 2:00 p.m.

c) General design criteria 2:30 p.m.

BREAK 3:00 p.m. - 3:10 p.m.

d) Quality Assurance 3:10 p.m. - 3:30 p.m.

e)

Plant Protection 3:30 p.m. - 3:50 p.m.

f)

Operational aspects 3:50 p.m. - 4:10 p.m.

III. CAUCUS 4:10 p.m.

IV. MEETING WITH THE STAFF

.4:30 p.m.

,.V.

ADJOURNMENT 5:00 p.m.

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4 ACRS AD H0C SUBCOMMITTEE MEETING ON SPENT FUEL STORAGE POOL DESIGN JANUARY 3,1979 WASHINGTON, DC ATTENDANCE LIST ACRS NRC STAFF C. Siess, Chairman R. Bernero H. Etherington R. Stanford W. Kerr H. Ashar J. Ray K. Steyer S. Lawroski J. Roberts E. Igne, Designated Federal Employee C. Nelson R. DiSalvo BECHTEL POWER CORP.

NIXON, HARGRAVE C. Reid M. Vogelfanger R. Reynolds VIRGINIA ELECTRIC AND POWER CO.

OVERSEAS ELECTRICAL INDUSTRY SURVEY INSTITUTE D. Miller R. Neil Michel Regignano HUNTON & WILLIAMS DOUB, PURCELL, ETC.

J. Christman D. Bucksbaum AUadmenE C

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[10 CFR PART 72]

LICENSING REQUIREMENTS FOR THE STORAGE OF SPENT FUEL IN AN INDEPENDENT SPENT FUEL STORAGE INSTALLATION (ISFSI)

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AGENCY:

U.S. Nuclear Regulatory Comission.

ACTION:

Proposed rule.

SUMMARY

The proposed new regulation specifies procedures and requirements for issuance of licenses to store spent fuel in an independent spent fuel storage installation (ISFSI).

In addition to general provisions, the proposed regulation contains requirements for the siting, general design criteria and certain operational aspects of such an activity.

DATE:

Comment period expires

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ADDRESSES:

Written comments should be submitted to the Secretary of y')

the Commission, U.S. Nuclear Regulatory Comission, Washington, D.C.

! y 2M55, Attention:

Docketing and Service Branch.

Copies of coments r

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on the proposed new regulation may be examined in the Commission's Public Document Room at 1717 H Street NW., Washington, D.C.

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The Commission is particularly interested in comments on Subpart E,

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" Siting Criteria" and Subpart F, " General Design Criteria."

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storage at installations built specifically for this purpose that are not coupled to either a nuclear power plant or a fuel reprocess-1 ing plant.

The present regulations covering the possession of source, byproduct and special nuclear materials are largely designed for relatively short-term possession in conjunction with operations involving such materials.

The Nuclear Regulatory Commission recog-nizes that there is a need for a new regulation covering the require-ments for extended spent fuel storage under static storage conditions involving no operations on such materials.

The proposed new regu-

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1ation specifies procedures and requirements for the issuance of._

licenses to store spent fuel in an independent spent fuel storage installation.

To ensure adequate protection of the public health and safety, the proposed regulation establishes siting, design, operation and records requirements for away-from-reactor spent fuel storage.

Specific features of licensing under Part 72 are:

1.

Single License - Part 72 provides for issuance of a single license as early as practical in the licensing process - before the start of construction of any physical facilities involved.

This license would contain a provision that it be reevaluated by NRC and its " license conditions" be updated prior to the receipt of spent fuel at an ISFSI.

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Safety Analysis Report - A single safety analysis report will be submitted with the license application.

This will be updated as the project progresses and changes submitted to the NRC, with any final changes submitted at least 90 days prior to the receipt of spent fuel at an ISFSI.

3.

Licenses covering the storage of spent fuel in an ISFSI will not be issued by Agreement States because of the significant

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quantities of special nuclear materials involved.

Agretment States are prohibited by Section ??4b(3) of the Act from licensing special nuclear material in quantities sufficient to form a critical mass.

4.

Such licenses are limited to the temporary storage only o' spent fuel; no license under this part will be granted for the later permanent storage or disposal of spent fuel.

An opportur.ity for public hearings will be provided before issuing a license for an ISFSI.

Appropriate amendments to the regulations to include ISFSIs in the public hearing procedures will be issed for public review and comment.

r Underwater storage of spent fuel has been standard practice in the nuclear industry for more than 30 years.

The basic technology involved is well established and readily lends itself to the con-templated extended storage of spent fuels under water for periods of more than 10 years.

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However, the storage of spent fuels in an ISFSI is not limited to undervater storage.

Although many of its specific requirements apply to water pool ir:ca11ations, the storage of aged spent fuel under dry storage conditions is also covered by this regulation.

The storage of spent fuels under water is only necessary for those fuels which have not undergone sufficient aging since their discharge from a reactor to make cooling by some other means feasible.

The proposed rule is applicable only to " aged" fuel, with more than one year's decay since reactor shutdown.

Aged spent fuel, having lost the short-lived radionuclides by decay, need not have a

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high degree of protection from weather extremes, tornadoes, or tornado generated missiles.

The large inventory of radionuclides in an ISFSI represents a potential hazard to public health and safety Storage conditions must provide an environment which will ensure the long-term integrity of the fuel cladding as the primary cor,tainment for the radioactive materials contained in spent fuel.

For underwater storage, the pool water is also an effective medium for the containment of the small amounts of radioactive materials, primarily cesium, that may escape from defective fuel.

To assure the long-term integrity of the stored spent fuel, the storage racks, and other important components of an ISFSI, there must be provisions for periodic inspection and surveillance of S

.rcritical; components.

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The rationale underlying the siting requirements is that although the potential risk is small due to the relatively inert nature of aged spent fuel, sound sites should be selected for such installations.

An ISFSI could be located on the site of another licensed facility or a separate site.

The population distributions at licensed reactor sites would be acceptable for the location of an ISFSI.

The Commission is considering whether a new seismic siting approach for an ISFSI should be adopted which recognizes that the simple static nature of an ISFSI makes seismic risk less serious than it is for a reactor.

The Commission also recognizes from experience that substantial resources can be expended in investiga-

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tion work to establish site-specific seismic design values and further resources on debate of the exact values and review of dif-ferent viewpoints to meet these site-specific values.

By including requirements in the proposed regulations hich limit the location of an ISFSI to sites with an earthquake ground motion potential of no more than 0.25g (with a recurrence interval of 500 years)2 and which specify that all ISFSI's shall be designed to withstand a 0.25g

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acceleration, the integrity of the ISFSI can be assured without the need for costly seismic site investigr 'ons, analyses and review unless some unusal geologic characteristic is identified.

The limiting 2As demonstrated by authorities such as Algermissen and Perkins, USGS, Open File Report 76-416, 1976, "A Probabilistic Estimate of Maximum Acceleratic in Rock in the Contiguous United Stttes."

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earthquake ground motion potential of 0.25 g with a recurrence interval up to 500 years is not considered unduly restrictive.

It rules out sites of high seismic potential as being generally unsuitable.

However, if special circumstances and special design treatment are shown, exemption from this site restriction is possible.

The imposition of this site restriction does raise the possibility that a small amount of additional transportation of spent fuel might be necessary to reach an acceptable ISFSI site from a few reactors in the U.S.

Based on previous evaluations of the impact of transporting spent fuel,3,4 the savings achieved by the site restriction are justified.

For underwater storage, the pool structure and the spent fuel storage racks within the pool must be designed and constructed to resist potential seismic forces to ensure sub-critical geometry at all times.

Spent fuel in storage under water requires a cooling system for the removal of decay heat.

However, the heat capacity of the large 1

volume of water in a spent fuel storage pool allows adequate time to e

take corrective action if the cooling system fails, provided there is an assured source of makeup water and some means of getting it to the storage pool, if needed.

Therefore, the cooling system need not be designed to withstand the extremes of natural phenomena.

Likewise,

-i 3WASH-1238, " Environmental Survey of Transportation of Radioactive Materials to and From Nuclear Power Plants."

4 NUREG-0170,,!' Final, Environmental Statement on the Transportatic.i of Radio-active Material by Air. and Other Modes."

803 207 7

[7590-61]'

the emergency water supply system need not be permanently installed, provided it is available within the time span needed.

The activity level of the pool water must be kept within control and equipment such as the pool water cleanup system and the waste treatment system must be designed to meet ALARA objectives for operating personnel.

Experience has shown that the level of radioactive materials in the ambient air in the spent fuel storage area of an ISFSI is normally 9

about 5% of 10 CFR 20 limits for occupied areas.

However, there is a potential for the release of radioactive materials in the venting i

of shipping casks before these are unloaded, hence cask unloading must be handled under controlled conditions.

The proposed Part 72 includes an operational dose limit to any member of the general public of 25 mrem per year from the uranium fuel cycle in accordance with the regulations of the Environmental Protection Agency (40 CFR Part 190).

The EPA regulations were

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prepared with a reprocessing fuel cycle in mind, but the Commission considers it reasonable to apply them to the ISFSI since the storage of fresh spent fuel at reactors and reprocessing plants was already envisioned and the storage of aged spent fuel at an ISFSI entails much lower potential releases.

Part 72 also sets a limit of 5 Rem in 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> for the calculated dose to individuals off the ISFSI site from design basis accidents.

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With such a limit, an ISFSI, if located on a reactor site, will not add substantially to the risk to the public off site.

Accident analyses for an ISFSI presented in the GEIS and in previous licensing cases show that this limit is reasonably achievable.

With spent fuel committed to storage for an indefinite period of time, and its ultimate disposition unknown, there is a need for the maintenance of adequate records of the identity and history of the spent fuel in storage.

It is the Commission's judgment that an NRC review of the licensee's training program and a certification by the licensee that his operators are adequately trained are adequate.

The provisions of Section 107 of the Atomic Energy Act, as amended, which provide for licensing of operators, do not apply to ISFSI personnel.

Although the proposed regulation does not contain specific requirements relating to financial protection and responsibility for public liability, the Commission is considering the question of whether it sould exercise its discretionary authority under the

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Price-Anderson Act to prescribe such requirements and would be interested in any comments or views which might be offered on this issue.

The question is also undergoing review in the context of a broad study by the NRC staff of whether, and if so in what manner, the Commission should exercise its discretionary authority to impose financial protection requirements on its materials licensees.

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Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and section 553 of title 5 of the United States Code, notice is hereby given that adoption of the following new regulation 10 CFR Part 72 is contemplated.

A new Part 72 is added which reads as follows:

PART 72 " LICENSING REQUIREMENTS FOR THE STORAGE OF SPENT FULE IN AN INDEPENDENT SPENT FUEL STORAGE INSTALLATION" (ISFSI)

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Suboart A - General Provisions Sec.

72.1 Purpose.

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72.2 Scope.

72.3 Definitions.

72.4 Communications.

72.5 Interpretations.

72.6 License Required.

72.7 General License to Own Spent Fuel.

72.8 Specific Exemptions.

72.9 Denial of Licensing by Agreement States.

Suboart B - License Acolication, Form, Contents 72.11 Filing of Applications for Licenses; Oath or Affirmation.

I (a)

Place of fi'ing.

(b)

Oath or affirmation.

(c) Number of copies of applications.

s (d)

Fees.

72.12 Elimination of Repetition.

72.13 Public Inspection of Applications.

72.14 Contents of Application:

General and Financial Information.

72.15 Contents of Application:

Technical Information.

72.16 Contents of Application:

License Conditions.

72.17 Contents of Application:

Technical Qualifications.

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72.18 Decommissioning Plan, Including its Financing.

72.19 Emergency Plan.

72.20 Environmental Report.

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t CONTENTS OF APPLICATION Subpart C - Issuance And Conditions Of Licenses 72.31 Issuance of Licenses.

72.32 Duration of License; Renewal.

72.33 License Conditions.

72.34 Changes, Tests, and Experiments.

TRANSFERS OF LICENSES--CREDITORS' RIGHTS--SURRENDER OF LICENSES 72.36 Transfer of Licenses.

72.37 Creditor Regulations.

l 72.38 Applications for Termination of Licenses.

AMENDMENT TO LICENSE AT REQUEST OF HOLDER AND REVOCATION, SUSPENSION AND MODIFICATION OF LICENSES

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72.39 Application for Amendment of License.

72.40 Issuance of Amendment.

72.41 Revocation, Suspension and Modification of Licenses.

72.42 Backfitting.

4 Subpart D - Records, Reports, Inscections And Enforcement 72.51 Material Balance, Inventory and Records Requirements for

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Stored Materials.

72.52 Reports of Accidental Criticality or Loss of Special Nuclear Material.

72.53 Material Status Reports.

72.54 Nuclear Material Transfer Reports.

72.55 Inspections and Tests.

72.56 Maintenance of Other Records and Reports.

72.57 Violation.

a Suboart E - Sitino Criteria 72.61 General Criteria.

72.62 Criteria for Design Basis External Natural Events.

72.63 Criteria for Design Basis External Man-Induced Events.

72.64 Criteria for Defining Potential Effects of the ISFSI on the Region.

72.65 Criteria for Regional Distribution of Population.

72.66 Criteria for Defining Acceptable Seismic Design.

72.67 Criteria for Defining Potential Radiological Consequ_nces.

803 211 11

[7590-01)

.j CONTENTS OF APPLICATION Suboart F - General Design Criteria 72.71 General Design Criteria.

OVERALL REQUIREMENTS.

NUCLEAR CRITICALITY SAFETY.

RADIOLOGICAL PROTECTION.

SPENT FUEL AND RADI0 ACTIVE WASTE STORAGE AND HANDLING.

DECOMMISSIONING.

Subpart G - Quality Assurance 72.75 Quality Assurance Program; Records.

Suboart H - Plant Protection 72.81 Physical Security Plan.

Subpart I - Trainino And Certification Of ISFSI Personnel 72.91 Scope of Training Program.

72.92 Resoonsibility for Training Program.

72.93 Physical Requirements.

72.94 Submission for Approval.

Authority The provisions of this Part 72 are issued under the Atomic Energy Act of 1954, as amended, secs. 51, 53 as amended, 62, 63, 65, 81, 161b, h, i, o, 182a as amended, 183 as amended, 184 as amended, 186, 187, Pub. L.

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83-703, 68 Stat. 929, 930 as amended by 71 Stat. 576, 72 Stat. 632 and 79 Stat. 602, 932, 933, 935, 948, 953 as amended by 70 Stat. 1069, 954 as amended by 78 Stat. 602, 955, 42 U.S.C. 2071, 2073, 2092, 2093, 2095, J.

2111, 2201(b), (h), (i), (o), 2232, 2233, 2234, 2236, 2237; sec. 234, Pub. L.91-161, 83 Stat. 444, 42 U.S.C. 2282; sec. 274c, Pub. L.86-273, v

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73 Stat. 688, 42 U.S.C. 2021(c); under sec. 102(2)(c) of the National Environmental Policy Act of 1969, Pub. L.91-190, 83 Stat. 853, 42 U.S.C. 4332, and under the Energy Reorganization Act of 1974, as amended, sec. 201, as amended, 202, and 206, Pub. L.93-438, 88 Stat. 1242, as amended by 89 Stat. 413, 1243, 1246, 42 U.S.C. 5841, 5842, 5846.

Suboart A - General Provisions S 72.1 Purpose.

The regulations in this part establish requirements, procedures and criteria for the issuance of licenses to receive title to, own, acquire, receive, or possess special nuclear material, byproduct material, and source material in spent fuel for the purpose of storage in the United States in an independent spent fuel storage installation (ISFSI) as defined in S 72.3 of this part and establish and provide for the terms and conditions under which the Commission will issue such licenses.

Such licenses are limited to the temporary storage only of spent fuel; no license under this part will be granted for the later permanent storage or disposal of spent fuel.

S 72.2 Scoce.

The regulations in this part apply to all persons in the United States, including persons in Agreement States.

The regulations in this part are limited to spent fuel.

This includes the byproduct, special nuclear and source materials in the spent fuel to be stored 803 213 13

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or in storage in an independent spent fuel storage installation as defined by 9 72.3 of this part.

With respect to licenses covering the storage of spent fuel in an ISFSI issued prior to the effective date of this regulation, such licenses will not be renewed unless the operating requirements of this Part 72 are met.

5 72.3 Definitions.

As used in this part:

(a)

"Act" means the Atomic Energy Act of 195,4 (68 Stat. 919) including any amendments thereto.

I (b)

"As low as is reasonably achievable" means as low as is reasonably achievable taking into account the state of technology, and the economics of improvements in relation to benefits to the public health and safety.

(c)

" Byproduct material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

(d)

" Commission" means the Nuclear Regulatory Commission or x

its duly authorized representatives.

(e)

" Commencement of construction" means any clearing of land, excavation or other substantial action that would adversely affect the natural environment of a site, but does not mean:

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(i)

Changes desirable for the temporary use of the land for public recreational uses, necessary borings or excavations to deter-mine subsurface materials and foundatian conditions or other pre-construction monitoring to establish background information related to tne suitability of the site or to the protection of environmental values; (ii)

Construction of environmental monitoring facilities; (iii)

Procurement or manufacture of components of the installation.

(f)

" Confinement system" means those systems, including venti-lation, between areas containing radioactive substances and the environment.

(g)

" Controlled area" means that area immediately surrounding the ISFSI complex, the use of which is controlled by the licensee.

(h)

" Design basis" means the parameter values associated with that level of severity of an external event or combination of events selected for design of all or any part of an ISFSI to ensure that the structures, systems and components important to safety (in relation to that event or combination of events) will maintain their integrity and will not suffer loss of function during or after the event or before completing its design function.

These valt.es may be (1) restraints derived from generally accepted " state-of-the-art" practices for achieving functional goals, or (2) requirements derived from analysis (based on calculation and/or experiments) of the

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the evaluations required to show that safety functions will be accomplished.

(i)

Such items as the instrumentation and control systems, ventilation and filter systems, electrical systems, auxiliary and emergency systems, and radioactive waste handling systems shall be discussed insofar as they are pertinent.

(3) A final analysis and evaluation of the design and perform-ance of structures, systems, and components taking into account any pertinent information developed since the submittal of the license application.

(c) A description of the quality assurance program to be applied to the design, fabrication, construction, testing and opera-tion of the safety-related structures, systems, and components of the ISFSI as required by S 72.75 of this part.

The description of the quality assurance program shall identify safety related structures, systems and components and shall show how the criteria in Appendix B of Part 50 of this chapter will be applied to such identified safety-

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related components, systems and structures in a manner consistent with their importance to safety.

(d) A description of the detailed s.ecurity measures for physical protection, including design features and a plan as required by 6 72.f1 of this part.

(e) A description of the planned program covering preoperational testing and initial operations.

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S 72.16 Contents of Application:

License Conditions.

Each application under this part shall include proposed license conditions in accordance with the requirements of 5 72.33 of this part together with a summary st1tement of the bases or reasons for such conditions.

5 72.17 Contents of Apolication:

Technical Qualifications.

An application under this part shall include:

(a) The technical qualifications, including training and experience of the applicant and members of the applicant's staff to engage in the proposed activities in accordance with the regulations in this chapter.

(b) A description of the personnel training program required under Subpart I of this part.

(c) A commitment by the applicant to have an adequate complement of trained and certified plant personnel prior to the receipt of spent fuel for storage.

'S 72.18 Decommissioning Plan, Including its Financing.

(a)

Each application under this part shall include a decommis-sioning plan which shall contain information on proposed procedures for the disposal of radioactive material, decontamination of the site and other procedures, sufficient to provide reasonable assurance a,

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that the dismantling and disposal of the ISFSI at the end of its useful life will not be inimical to the common defense and security or to the health and safety of the public.

This plan shall include an evaluation of the ISFSI design features which have been selected to facilitate to the maximum degree reasonable its decontamination and decommissioning at the end of its useful life.

This plan shall include provisions for minimizing the amounts of solid, airborne and liquid wastes generated during decommissioning.

(b) The decommissioning plan will include the financial arrange-ments for its execution.

S 72.19 Emeroency Plan.

An application to store spent fuel in an ISFSI, will include plans for coping with emergencies.

These plans shall contain the elements that are listed in Section IV, " Content of Emergency Plans," of Appen-dix E to Part 50 of this chapter.

S 72.20 Environmental Report.

Each application for a license under this part shall be accompanied by an Environmental Report which meets the requirements of Part 51 of this chapter; 150 copies are required.

Suboart C - Issuance and Conditions of Licenses S 72.31 Issuance of Licenses.

(a) The Commission will issue a license under this part and updated pr';r to the receipt of spent fuel in such form and containing TpJ'p.3

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such conditions and limitations as it deems appropriate or necessary upon a determination that an apolication for a license meets the standards and requirements of the act and 2gulations, that the applicant's proposed site, installation and equipment for the storage of spent fuel are adequate to protect health and minimize danger to life or property; and that:

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(1)

The proposed site complies with the requirements of S 72.66 of this part.

(2)

The applicant is qualified by reason of training and experience to conduct the operation covered by the regulations in this part.

(3) The applicant's personnel training program complies with Subpart I of this part.

(4) The applicant's proposed operating procedures to protect health and to minimize danger to life or property are adequate.

(5) The applicant is financially qualified to engage in the proposed activities in accordance with the regulations in this part.

(6)

The applicant's physical security plan complies with 6 72.81 of this part.

(7)

The applicant's quality assurance plan complies with 5 72.75 of this part.'

(8)

The applicant's emergency plan complies with 9 72.19 of this part.

(9)

The applicant's decommissioning plan and its financing pursuant to 5 72.18 of this part are adequate.

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[7590-01]

(10) Before commencement of construction of the installation, the Director of the Office of Nuclear Materials Safety and Safeguards or his designee, has concluded, or after a public hearing, the Atomic Safety and Licensing Board has made the finding that on the basis of information filed and evaluations made pursuant to Part 51 of this chapter, and after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values.

Commencement of construction prior to such conclusion or finding may be grounds for denial of a license to store spent fuel in an ISFSI.

(11) No license will be issued by the Commission to any person within the United States if the Commission finds that the issuance of such a license would be inimical to the common defense and security or would constitute an unieasonable risk to the health and safety of

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the public.

5 72.32 Duration of License; Renewal.

Each license will be issued for a fixed period of time to be specified in the license but not to exceed 20 years.

Licenses may be renewed by the Commission upon expiration of that period, upon application of the licensee.

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S 72.33 License Conditions.

(a)

Each license issued under this part will include license conditions.

The license conditions will be derived from the analyses and evaluations included in the safety analysis report, and amendments thereto, submitted pursuant to S 72.15, and from the proposed license conditions submitted by the applicant pursuant to ! 72.16.

The Commission may also include such additional license conditions as the Commission finds appropriate.

(b)

License conditions will include items in the following categories:

(1) Functional and operating limits and monitoring instruments and limiting control settings.

(i) Functional and operating limits for an ISFSI are limits upon fuel handling and storage conditions which are found to be necessary to protect the integrity of the stored fuel and guard against excessive occupational exposures and the uncontrolled release of radioactive materials.

(ii) Monitoring instruments and limiting control settings for an ISFSI are settings for alarms or mechanical devices related to those fuel handling and storage conditions having significant safety functions.

(2)

Limiting condition.

Limiting conditions are the lowest functional capability or performance levels of equipment required for safe operation.

(3) Surveillance requirements.

Surveillance requirements are requirements relating to tests, calibrations, and inspections to assure that the necessary integrity of required systems, components 1

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and the fuel in storage is maintained, that operation of the instal-lation will be within the required safety limits, and that the limiting conditions required for safe storage will be met.

(4) Design features.

Design features to be included are those features of the instaliation such as materials of construction and geometric arrangements, which, if altered or modified, would have a' significant effect on safety and are not covered in categories described in subparagraphs (1), (2), and (3) of this paragraph (c).

(5) Administrative controls.

Administrative controls are the

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provisions relating to organization and management procedures, recordkeeping, review and audit, and reporting necessary to assure that the operations involved in the storage of spent fuel in an ISFSI are performed in a safe manner.

(c)

In addition to the conditions described in paragraph (a) of this section, every license issued under this part shall be subject to the following conditions, whether stated therein or not:

(1)

Neither the license, nor any right thereunder, shall be transferred, assigned, or dis;,ased of in any manner, either volun-tarily or_ involuntarily, directly or indirectly, through transfer of L

cortrol of the license to any person, unless the Commission shall, after securing full information, find thet the transfer is in accord-ance with the provisions of the Atomic Energy Act and give its consent in writing.

(2)

The license shall be subject to revocation, suspension, modification,.or amendment as provided in the Atomic Energy Act and S

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Commission regulations, in accordance with tha procedures provided by the Atomic Energy Act and Commission regulations.

(3) The licensee shall at any time before expiration of the license, upon request of the Commission, submit written statements, signed under oath or affirmation, to enable the Commission to deter-mine whether or not the license should be modified, suspended, or

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revoked.

(4)

Prior to the receipt of spent fuel for storage at an ISFSI, the licensee shall have in effect an N5.0 approved program P

covering the training and certification of ISFSI personnel which shall meet the requirements of Subpart I of this part.

1 (5).The licensee shall not permit the manipulation of the safety-related equipment and controls of the installation by any one whom the licensee has not certified as being adequately trained to perform such manipulations.

(d)

Effluent Controls.

Effluent controls are operating controls, including monitoring and testing controls and systems, and procedures

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required to keep releases of radioactive materials to unrestricted areas during normal operations and expected operational occurrences within the limits stated in EPA regulation, 40 CFR Part 190, "Envi-

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ronmental Radiation Protection Standards for Nuclear Power Operations, as an upper limit.

Each license authorizing the storage of spent fuels under this part will include license conditions that, in addition to requiring compliance with the limits and the as low as reasonably achievable provisians of Part'20 of this chapter and the i

803 236 4 h 36

[7590-01]

design objective included (or referenced) in paragraph (2) below, require:

(1) That operating procedures for control of effluents be established and followed and equipment installed in the radioactive waste system be maintained and used as to meet the requirements of 40 CFR Part 190 as established in the license conditions.

(D The submission of a report to the Commission within 60 days after June 30 and December 31 of each year specifying the quantity of each of the principal radionuclides released to unre-

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stricted areas in liquid and in gaseous effluents during the previous 6 months of operation, and such other information as may be required by the Commission to estimate maximum potential annual radiation doses to the public resulting from effluent releases.

If quantities of r:dioactive materials released during the reporting period are significantly above design objectives, the report shall cover this specifically.

On the basis of such reports and or.y additional information tne Commission may obtain from the licensee or others, the Commission may from time to time require the licensee to take such action as the Commission deems appropriate.

(e) Maintenance of safeguards contingency plan procedures pursuant to S 72.81(d) of this part.

S 72.34 Changes,' Tests and,Exceriments.

(a)

(1)

The holder of a license issued under thi.s Part may (i) make changes in the installation as described in the safety NC

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analysis report, (ii) make changes in the procedures as described in the safety analysis report, and (iii) conduct tests or experiments not described in the safety analysis report, without prior Commission approval, unless the proposed charge, test or experiment involves a change in the license conditions incorporated in the license or an unreviewed safety question.

(2) A proposed change, test, or experiment shall be deemed to involve an unreviewed safety question (i) if the probability of occurrence or the consequences of an accident or malfunction of equipment important to safety previously evaluated in the safety analysis report may be increased; or (ii) if a possibility for an accident or malfunction of a different type than any evaluated previously in the safety analysis report may be created; or (iii) if the margin of safety as defined in the basis for any license condi-tion is reduced.

(b) The licensee shall maintain records of changes in the installation and of changes in procedures made pursuant to this section, to the extent that such changes constitute changes in the installation as described in the safety analysis report or constitute changes in procedures as described in the safety analysis report.

The licensee shall also maintain records of tests and experiments carried out pursuant to paragraph (a) of this section.

These records shall incluce a written safety evaluation which provides the bases for the determination that the change, test or experiment does not involve an unreviewed safety question.

The licensee shall furnish 803 238 4.

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to the Commission, or the appropriate regional office, annually or at such shorter intervals as may be specified in the license, a report containing a brief description of such changes, tests and experiments, including a summary of the safety evaluation of each.

Any report ubmitted by a licensee pursuant to this paragraph will be made a part of the public record of the licensing proceeding.

In addition to a signed original,12 copies of each report of changes I

shall be filed.

The records of changes in the installation and of changes in procedures and records of tests shall be maintained for the lifetime of the installation.

(c) The holder of a license issued under this Part who desires (1) a change in license conditions or (2) to make a change in the installation or the procedures described in the safety analysis report or to conduct tests or experiments not described in the safety analysis report, which involve an unreviewed safety question or a change in license conditions, shall submit an application for amendment of his license pursuant to S 72.39.

(d) The licensee shall make no change which would decrease the effectiveness of the physical security plan prepared pursuant to 5 72.81 without the prior approval of the Commission.

A licensee desiring to make such a change shall submit an application for an amendment to his license pursuant to S 72.39.

The licensee shall maintain records of changes to the plan made without prior Commission approval, for a. period of two years from the date of the change, and bod 7

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[759C-01]

shall furnish the Commission a report containing a description of each change within two months after the change is made.

TRANSFERS OF LICENSES--CREDITORS' RIGHTS--SURRENDER OF LICENSES S 72.36 Transfer of Licenses.

(a)

No license issued under this part or any *ight thereunder, shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission shall give its consent in writing.

(b)

(1)

An application for transfer of a license shall include as much of the information described in SS 72.14, 72.15 and 72.16 with respect to the identity and technical and financial qualifica-tions of the proposed transferee as would be required by those sections if the application were for an initial license.

One signed original of the application executed under oath or affirmation plue 25 copies shall be submitted.

(2) The Commission may require additional information such as data respecting proposed protection from radioactive materials and the applicant's qualifications in this technology.

The application

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shall include also a statement of the purposes for which the transfer of the license is requested and the nature of the transaction neces-sitating or making desirable the transfer of the license.

(3) The Commission may require any person who submits an application for license pursuant to the provisions of this section 803 19

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f to file a written consent from the existing licensee or a certified crpy of an order or judgment of a court of competent jurisdiction attesting to the person's right subject to the licensing requirements of the Act and these regulations to possession of the spent fuel and the storage installation involved.

(c) After appropriate notice to intercated persons, including.

the existing licensee, and observance of such procedures as may be required by the Act or regulations or orders of the Commission, the Commission will approve an application for the transfer of a license,

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if the Commission determines:

(1) That the proposed transferee is qualified to be the holder of the license; and (2) That transfer of the license is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.

S 72.37 Creditor Regulations.

(a)

Pursuant to section 184 of the Act, the Commission consents, without individual application, to the creation of any mortgage, pledge, or other lien upon special nuclear material contained in spent fuel not owned by the United States which is the subject of a license or upon any interest in such special nuclear material in spent fuel:

Provided:

(1)

That the rights of any creditor so secured may be exercised only in compliance with and subject to the same requirements and

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.-j restrictions as would apply to the licensee pursuant to the provis-ions of the license, the Atomic Energy Act of 1954, as amended, and regulations issued by the Commission pursuant to said Act; and (2)

That no creditor so secured may take possession of the

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spent fuel pursuant to the provisions of this section prior to either the issuance of a license from the Commission authorizing i

such possession or the transfer of the license.

(b) Any creditor se secured may apply for transfer of the license covering such spent fuel by filing an application for trans-fer of the license pursuant to S 72.36(b).

The Commission will act upon such application pursuant to S 72.36(c).

(c)

Nothing contained in this regulation shall be deemed to affect the means of acquiring, or the priority of, any tax lien or other lien provided by l u.

(d)

As used in this section, " Creditor" includes, without implied limitation, the trustee under any mortgage, pledge or lien on spent fuel in storage made to secure any creditor, any trustee or receiver of such spent fuel appointed by a court of competent juris-diction in any action brought for the benefit of any creditor secured by such mortgage, pledge or lien, any purchaser of such spent fuel at the sale thereof upon foreclosure of such mortgage, pledge, or lien or upon exercise of any power of sale contained therein, or any assignee of any such purchaser.

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f 72.38 Apolications for Termination of Licenses (a) Any licensee may apply to the Commission for authority to surrender a license voluntarily and to dismantle the installation and dispose of the materials stored therein.

The Commission may require information, including information as to proposed procedures for the disposal of radioactive material, decontamination of the site, to provide reason. ole assurance that the decommissicning and disposal will be performed in ec.cordance with the regulations in this chapter and will not be inimical to the common defense and security or to the health and safety of the public.

The applicat. ion for termination of a license issued under this part shall be submitted as one signed original plus 25 copies.

(b)

If the application demonstrates that the decommissioning of the installation and disposal of the materials stored therein will be performed in accordance with the regulations in this chapter and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested persons, the Commission may issue an order authorizing such decommis-sioning and disposal, and providing for the termination of the license upon completion of such procedures in accordance with any conditions specified in the order.

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AMENDMENT TO LICENSE AT RE0 VEST OF HOLDER AND s

REVOCATION, SUSPENSION AND MODIFICATION OF LICENSES S 72.39 Application for Amendment of License.

Whenever a holder of a license desires to amend the license, an application for an amendment shall be filed with the Commission, fully describing the changes desired, and the reasons for such changes, and following as far as applicable the form prescribed for original applications.

S 72.40 Issuance of Amendment.

In determining whether an amendment to a license will be issued to the applicant, the Commission will be guided by the considerations which govern the issuance of initial licenses to the extent applic-able and appropriate.

72.41 Revocation, Suspension and Modification of Licenses (a) The terms and conditions of all licenses are subject to amendment, revision, or modification by reason of amendments to the Atomic Energy Act of 1954, or by reason of rules, regulations or orders issued in accordance with the Act or any amendments thereto.

(b) Any license may be revoked, suspended or modified in whole or in part for any material false statement in tha application or any statement of fact required under Section 182 of the Act, or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would

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warrant the Commission to refuse to grant a license on an original application, or for failure to operate an installation in accordance with the terms of the license, or for violation of, or failure to observe any of the terms and conditions of the Act, or any regulation, license or order of the Comission.

(c) Upon revocation, suspension or modification of a license, the Commission may immediately cause the retaking of possession of all special nuclear material contained in spent fuel held by the licensee.

In cases found by the Commission to be of extreme impor-tance to the national defense and security, or to the health and safety of the public, the Commission may take possession of any spent fuel held by the licensee prior to any of the procedures provided under sections 551-5E8 of title 5 of the United States Code.

S 72.42 Backfitting.

(a)

The Commission may require the backfitting of an ISFSI if it finds that such action will provide substantial, additional protection which is required for either occupational or public health and safety.

As used in this section, "backfitting" means a

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change in storage conditions which may require the addition, elimina-tion or modification of structures, systems or components of an ISFSI, after the license has been issued.

(b) Nothing in this section shall be deemed to relieve a holder of a license from compliance with the rules, regulations, or p [3 (drs of ithe Commission.

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(c) The Commission may at any time require a holder of a license to submit such information concerning the backfitting or the proposed backfitting of the installation as it deems appropriate.

Subpart D - Records, Reports, Inspections and Enforcement S 72.51 Material Balance, Inventory, and Records Requirements for Stored Materials.

(a)

Each licensee shall keep records showing the receipt, inventory (including location), disposal, acquisition, and transfer of all spent fuel in storage regardless of its origin or method of acquisition.

(b)

Each licensee shall conduct a physical inventory of all spent fuel in storage at intervals not to exceed twelve months or as otherwise directed by the Commission.

(c) Each licensee shall establish, maintain and follow written material control and accounting procedures which are sufficient to enable the licensee to account for the spent fuel in storage under license.

I (d)

Records of spent fuel in storage shall be kept in dupl: ate for as long as the spent fuel is in storage at an ISFSI.

The dupli-cate set of records shall be kept at a separate location far enough removed from the original records so that a single event would not destroy both sets of records.

Records of spent fuel transferred out of an ISFSI shall be preserved for a period of five years after the date of transfer.

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5 72.52 Reports of Accidental Criticality or loss of Special Nuclear Material.

Each licensee shall report immediately to the Director of the appropriate Nuclear Regulatory Commission Inspection and Enforcement Regional Office by telephone, and telegram, or teletype, any case of accidental criticality and any loss of special nuclear material contained in spent fuel.

5 72.53 Material Status Reports.

Each licensee shall complete and submit to the Commission Material Status Reports on Form NRC-742, in accordance with printed instructions for completing the form, concerning special nuclear 4

material contained in spent fuel possessed, received, transferred, disposed of or lost by the licensee.

All such reports shall be made as of March 31 and September 30 of each year and shall be filed with the U.S. Department of Energy, P.O. Box E, Oak Ridge, Tennessee, 37830, withfa thirty (30) days after the end of the period covered by the report.

The Commission may permit a licensee to submit Material Status Reports at other times when good cause is shown.

s 5 72.54 Nuclear Material Transfer Reoorts.

Each licensee who transfers and each licensee who receives spent fuel shall complete and distribut' a Nuclear Material Trans-action Report on Form NRC-741, in accordance with printed instructions for completing the form, whenever he transfers or receives spent "2

fuel.

Each' licensee who transfers spent fuel shall submit a copy of i

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[7590-01]

Form NRC-741 to the U.S. Department of Energy, P.O. Box E, Oak Ridge, Tennessee 37830, and three copies to the receiver of the material promptly after the transfer takes place.

Each licensee who receives spent fuel shall submit a copy of Form NRC-741 to the Department of Energy and to the shipper of the material within 10 days after the spent fuel is received.

S 72.55 Inspections and Tests.

(a)

Each licensee shall afford to the Commission at all reason-able times opportunity to inspect spent fuel in storage and the premises and installation wherein such spent fuel is stored.

(b)

Each licensee shall make available to the Commission for inspection, upon reasonable notice, records kept by the licensee pertaining to his receipt, possession, or transfer of spent fuel.

(c)

Each licensee shall perform, or permit the Commission to perform, such tests as the Commission deems appropriate or necessary for the administration of the regulations in this part, including tests of (a) spent fuel during handling and storage, (b) spent fuel handling and storage facilities, (c) radiation detection and monitor-ing equipment, and (d) other equipment ' sed in connection with spent fuel storage.

S 72.56 Maintenance of Other Records and Reoorts.

(a)

Each licensee thall maintain such records and make such

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by the conditions of the license or by the rules, regulations, and orders of the Commission in effectuating the purposes of the Act.

(b)

Each licensee shall, upon each issuance of its annual financial report, including the certified financial statements, file a copy thereof with the Commission.

(c)

Records which are required by the regulations in this part or by the license conditions shall be maintained for the period specified by the appropriate regulation or license condition.

If a retention period is not otherwise specified, such records shall be maintained until the Commission authorizes their disposition.

(d) Records which must be maintained pursuant to this part may be the original or a reproduced copy or microform if such reproduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a c' ear and legible copy after stor tge for the period specified by Commission regulations.

(e)

If there is a conflict between the Commission's regulations in this part, license condition, or other written Commission approval

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or authorization pertaining to the retention period for the same type of record, the retention period specified in the regulations in this part for such records shall apply unless the Commission, pursuant to S 72.8, has granted a specific exemption from the record retention requirements specified in the regulations in this part.

6 72.57 Violation.

An injunction or other court order may be obtained prohioiting ldS IOb any violation of any provision of the Atomic Energy Act of 1954, as 993 ]#9 49

(7590-01]

.j amended, or Title II of the Energy Reorganiration Act of 1974, as amended, or any regulation or order issued thereunder.

A court order may be obtained for the payment of a civil penalty imposed pursuant to section 234 of the Atomic Energy Act for violation of section 53, 57, 62, 63, 81 or 82 of the Atomic Energy Act, or sec-tion 206 of the Energy Reorganization Act of 1974, or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license issued thereunder, or for any violation for which a license may be revoked under section 186 of the Atomic Energy Act.

Any person who willfully violates any provision of the Atomic Energy Act, or any regulation or order issued thereunder, may be guilty of a crime and, upon conviction, may be punished by fine or imprisonment or both, as provided by law.

Subpart E - Siting Criteria 6 72.61 General Criteria.

(a)

Site characteristics which may directly affect the safety of the ISFSI shall be investigated and assessed.

(b)

Proposed sites for the ISFSI shall be examined with respect a

to the frequency and the severity of external natural and man-induced events that could affect the safe operation of the installation.

(c)

Design basis external events shall be determined for each combination of proposed site and proposed installation design.

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(d)

Proposed sites with design basis external events for which adequate protection cannot be provided through installation design shall be deemed unsuitable for the location of the ISFSI.

(e)

For each proposed site, the potential for radiological consequences in the region shall be evaluated with due consideration of the characteristics of the population, including its distribution.

(f)

For aach proposed site, pursuant to Part 51 of this chapter, the potential for environmental impact to the region shall be evalu-ated with due consideration of the characteristics of the regional environs, including its historical and aesthetic value.

S 72.62 Criteria for Desion Basis External Natural Events.

(a) Natural phenomena which may exist or can occur in the region of a proposed site shall be identified and assessed according to their potential effects on the safe operation of the installa-tion.

The important natural phenomena for which design bases should be derived shall be identified.

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(b)

Historical records of the occurrence and severity of those I.

important natural phenomena shall be collected for the region and evaluated for reliability, accuracy and completeness.

(c) Appropriate methods shall be adopted for establishing the design basis natural events for important natural phenomena.

The methods should he justified as being compatible with the character-

-i istics of the region and the current state of knowledge.

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-1; S 72.63 Criteria for Design Basis External Man-Induced Events.

(a) The region shall be examined for man-made facilities and activities that might endanger the proposed ISFSI.

The important man-induced phenomena for which design basis external man-induced events should be derived shall be identified.

(b)

Inforiaation concerning the occurrences and severity of those ir,portant man-induced phenomena shall be collected and analyzed for reliability, accuracy and completeness.

(c) Appropriate methods shall be adopted for establishing the design basis external man-induced events for those phenomena.

The methods should be justified as being compatible with the character-

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istics of the region and the current state of knowledge.

S 72.64 Criteria for Defining Potential Effects of the ISFSI on the Region.

(a) The proposed site shall be examined wit. respect to the effects on people in the region resulting from the release of radio--

active materials under normal and accident conditions; in this evaluation unusual regional and site characteristics shall be taken into account.

(b) Each site shall be examined with respect to the effects on the regional environment resulting from construction, cperation and decommissioning of the ISFSI; in this evaluation unusual regional and site characteristics shall be taken into account.

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(c)

Effects which would otherwise b3 unacceptable shall be compensated for by the ISFSI design or the site shall be deemed unsuitable.

S 72.65 Criteria f6r Regional Distribution of Population.

(a) The pruposed site shall be evaluated with respect to the

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present and future character and distribution of the human population of the region.

Such eva',uation, which should include consideration of present and projected future uses of land anJ water within the region, shall also take into account any special characteristics which may influence the potential consequences of a release of f

radioactive material during the operational lifetire of the ISFSI.

(b) A controlled area and a neighboring area shall be estab-lished for each site.

(c) The licensee shall have authority witM n the controlled area to determine all activities including exclusion or removal of personnel and property from the rea.

(d) The neighboring area of a proposed site shall be evaluated from the perspective of the potential for adverse consequences to the human popylation or environment and of the capability of impie-menting protective measures as may be necessary to mitigate the immediate effects of a release of. radioactive material.

(O The distribution of the human population in the reg 1cn surroundi'ng the site shall be evaluated with respect to both the potential for adverse consequences to regional populations from s

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(f)

Effects which would otherwise be unacceptable shall be compensated for by the ISFSI design or the site shall be deemed unsuitable.

5 72.66 Criteria for Defining Acceptable Seismic Characteristics.

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(a) A peak horizontal ground acceleration of not greater than 0.25g with a recurrence intervai of at least 500 years (equivalent to a 90% probability of not being exceeded in 50 years) shall be deemed suitable for an ISFSI site and require only the foundation engineering and geologic hazards invest'?ations covered in the I

following paragraph (b).

However, as an altarnative approach the applicant has the option of establishing a site specific "g value" by the procedures of Part 100 of this chapter.

(b) An ISFSI founded on bedrock (and meeting criterion "a") is acceptable, and no deta..ed site-specific earthquake analysis is required unless some unusual geologic characteristic is identified (e.g., active faulting, mass wasting, cavernous or karst terrain, subsidence collapse or uplift potential, etc.).

If not founded on bedrock and where a potential exists for soil liquefaction or other soil instability due to vibratory ground motion or other anomaly, it must be shown by site-specific investigations and laboratory ar.alysis that soil failure could not occur in the foundation materials during the operating life of the installation, i

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(c)

For ISFSI designs other than the water basin type proposed J

sites will be evaluated on the basis of a site-specific investigation and analysis.

5 72.67 Criteria for Defining Potential Radiological Consecuences.

(a)

During normal operations and anticipated occurrences, the

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annual dose equivalent shall not exceed 25 mrem to the whole body, 75 mrem to the thyroid and 25 mrem to any other organ of an actual individual located outside the controlled area as a result of planned discharges of radioactive materials to the general environment."

In this evaluation unusual regional and site characteristics shall be taken into account.

(b) Under accident conditions, the calculated exposure from the controlling design basis accident shall not exceed 5 Rem in 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> at the outside boundary of the controlled area.

Suboart F - General Desian Criteria 72.71 General Desian Criteria.

S Pursuant to the provisions of 9 72.15, an application to

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spent fuel in an ISFSI must include the principal design criteria for the proposed storage installation.

The principal design criteria establish the design, fabrication, construction, testing, and per-formance requirements for structures, systems, and components impor-tant to safety, as defined in 9 72.3.

The general design criteria identified in thic sectica establish minimum requirements for the

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principal safety-related design criteria for an ISFSI.

Any omis-sions in these general design criteria do not relieve the applicant from the requirement of providing the necessary safety features in the design of this installation.

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OVERALL REQUIREMENTS (1) Quality Standards Structures, systems, and components important to safety shall be designed, fabricated, erected, and tested to quality standards commensurate with the importance of the function to be performed.

(2)

Protection against Environmental Conditions and Natural 4

Phenomena.

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(i) Structures, systems, and components important to safety shall be designed to accommodata the effects of and to be compatible with site characteristics and environmental conditions associated with normal operation, maintenance and testing of the ISFSI, and with postulated accidents.

(ii) Structures, systems, and components important to safety shall be designed to withstand th2 effects of natural phenomena such as earthquakes (with a hoi".zontal ground motion acceleration of at least 0.25g), tornadoes (excluding tornado missiles), lightning, hurricanes, floods, tsunami, and stiches without impairing their capability to perform safety functions.

The c:esign bases for these structures, systems, and components shs'l reflect:

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consideration of the most severe of the natural phenomena reported Mi s

for the site and surrounding area, with appropriate margins to take!

into account the limitations in the quantity of the historical data' and the period of time in which the data have been accumulated; and a (B) appropriate combinations of the effects of normal and accident '3 conditions and the effects of natural phenomena.

(iii) Capability for determining the intensity of natural

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phenomena which may occur for comparison with design bases of strucV tures, systems, and components important to safety shall be provided.

(iv) If an ISFSI is located over an aquifer, measures must be 'l taken to preclude the transport of radioactive materials to man and' the environs through this potential pathway.

-(3)

Protection Against Fires and Explosions Structures, systems, and components important to safety shall be designed and located so as to continue to perform their safety functions effectively under fire and explosion exposure conditions.'

Noncombustible and heat-resistant materials shall be used wherever 3 practical throughout the installation, particularly in locations vital to the control of radioactive materials, and to the maintenance of safety contrel functions.

Explosion and fire detection, alarm,'

and suppression systems shall be designed and provided with suffi-cient capacity and capability to minimize the adverse effects of j

fires and explosions on structures, systems, and components importaht I

to safety.

The design of the facility shall include provisions to w

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protect against adverse effects which might result from either the operation or the failure of the fire suppression system.

(4)

Sharing of Structures, Systems, and Components Structures, systems, and components important to safety shall

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not be shared between an ISFSI and other plants unless it is shown that such sharing will not impair the capability of the ISFSI to perform its safety functions, including the capability for return to a safe condition in the event of an accident or incident.

(5)

Proximity of Sites An ISFSI located near other nuclear facilities shall be designed and operated to ensure that the cumulative effects of their combined operations will not result in a significant additional risk to the health and safety of the public.

(6) Testing and Maintenance of Systems and Components Systems and components that have safety-related functions shall be designed to permit inspection, maintenance, and testing to ensure their continued functioning to meet their design objectives.

(7)

Emergency Capability Structures, systems, and components important to safety shall be designed to assure capability of continuity of operations and

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handling of the emergency.

The design shall ensure capability for use, as necessary, of onsite facilities and available offsite facili-ties and services such as hospitals, fire and police departments, ambulance service, and other emergency agencies.

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(8)

Confinement Barriers and Systems (i)

The fuel cladding shall be protected against degradation and gross ruptures.

e (ii)

For underwater storage of spent fuel in which the pool water serves as a shield and a confinement medium for radioactive materials, systems designed for maintaining water purity and the pool water level shall be designed so that any maloperation or failure in those systems from any cause will not cause the water

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1evel to fall below safe limits.

Drains, permanently connected systems and other features that by maloperation or failure could cause a significant loss of water shall not be installed or included I

in the design.

Pool water level monitoring equipment shall be provided to alarm both locally and in a continuously manned location if the water level in the fuel storage pools falls below a predeter-mined level.

(iii) Ventilation systens shall be provided where necessary, e.g., for the cask venting station, to assure the confinement of airborne radioactive particulate materials during normal or off-normal conditions.

(9)

Instrumentation and Control Systems Instrumentation and control systems shall be provided to monitor safety-related systems over anticipated ranges for normal operation and off-normal operation.

Those instruments ar.a control systems which must remain operational under accident conditions must be 3

iaentified and designed to remain operable.

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(10) Control Room or Control Areas f

A control room or control areas shall be designed to permit occupancy and actions to be taken to operate ano monitor the ISFSI safely under normal conditions and to maintain the ISFSI in a safe

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condition under off-normal or accident conditions.

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(11) Utility Services

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(i)

The design of each utility service system required for emergency conditions shall provide for the meeting of safety demands under normal and off-normal conditions.

The design of safety related utility services and distribution shall include redundant systems to the extent necessary to maintain, with adequate capacity, the ability to perform safety functions assuming a single failure.

(ii) Emergency utility services shall be designed to permit testing of the functional operability and capacity, including the full operational sequence, of each system for transfer between normal and emergency supply sources, and the operation of associated safety systems.

(iii)

Provisions shall be made so that, in the event of a loss of the primary electric power source or circuit, reliable and timely emergency power will be provided to instruments, utility service systems, and operating systems including the security central alarm station, in amounts sufficient to allow safe storage conditions to be maintained with all safety devices essential to safe storage functioning.

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NUCLEAR CRITICALITY SAFETY (12) Design for Criticality Safety All handling, transfer and storage systems shall be designed to be maintained subcritical and to ensure that no nuclear criticality accident can occur unless at least two unlikely (i.e., very low probability), independent, and concurrent or sequential changes have occurred in the conditions essential to nuclear criticality safety.

The design of handling, transfer and storage systems shall include margins of safety for the nuclear criticality parameters that are commensurate with the uncertainties in the handling, transfer and storage conditions, in the data and methods used in calculations,

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and in the nature of the immediate environment under accident conditions.

(13) Acceptable Methods of Control (i)

Favorable geometry (spacing) is the standard method of nuclear criticality control.

Subcriticality is assured by limiting the reactivity through the control of spac' q of the individual storage unit (one or more fuel assemblies), and for underwater storage, by the neutron absorption by the water between storage units.

Storage racks must be structurally compatible with seismic design criteria.

(ii) 'Ne use of permanently fixed neutron-absorbing materials j

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nuclear criticality, the design shall provide for positive means to verify their coitinued efficacy.

RADIOLOGICAL PROTECTION (14) Exposure Control Appropriate radiation protection systems and programs shall be provided for all areas and operati'ns where plant personnel may be exposed to levels of radiatior.

airborne radioactive materials significantly above background levels to ensure that exposures are within the limits of Part 20 and are as low as is reasonably achiev-able.

Structures, systems, and components for which >peration, maintenance, and required inspections may involve such exposure shall be designed, fabricated, located, shielded, contro'iad and tested so as to control external and internal radiation exposures to personnel.

This shall include means to:

(i) prevent the accumulation of or provide for decreasing the content of radioactive material in those systems to which access by personnel is required; (ii) provide for control of access to areas of potential 3

contamination or high radiation within the ISFSI; (iii) assure that contamination can be monitored and controlled; (iv) minimize the time required to perform work in the vicinity of radioactive components, such as by providing sufficient space for ease of operation and designing equipment for ease of repair and replacement; and s2 8"

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(v) provide shielding to assure that exposures to per: onnel in accessible areas are' within the limits of Part 20 and are a.; low as is reasonably achievable.

(15) Radiation Alarm Systems Radiation alarm systems shall be provided to warn operating personnel of significant increases in radiation levels in accessible work areas and of excessive c *centrations of radioactive material in effluents.

Such systems shall be designed with capability to permit testing of their operability.

(16) Effluent Monitoring Effluent systems shall be designed to include means for measuring the amount of radionuclides in any effluent.

In order that the data thus measured and recorded can be used, a means of measuring the flow of environmental diluting media, either air or water, shall be provided.

C'n Effluent Control The design of the ISFSI shall include means to minimize the release in effluents of radioactive materials in any form, during normal operations and under accident conditions.

Systems provided to guard against the release of radioactive materials shall be designed to be monitored and tested, and shall be provided with alarms.

Capability shall be provided for prompt cessation of the flow of cnntaminated ef fluents or for retention of such effluents as is neccssary to ensure that the concentrations and total quantities l

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.i of radioactive materials in effluents are mainta,ed within the limits of Part 20 and are as low as is reasonably achievable.

SPENT FUEL AND R DI0 ACTIVE WASTE STORAGE AND HANDLING (18) Spent Fuel and Radioactive Waste Storage and Handling Systems Spent fuel storage, radioactive waste storage, and other systems that might contain or handle radioactive materials shall oe designed

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to assure adequate safety under normal and accident conditions.

These systems shall be designed (i) with a carability to test and monitor components important to safety, (ii) with suitable shielding for radiation protection under normal and accident conditions, (iii)

J with confinement systems, (iv) with a heat removal capability having testacility and reliability consistent with the importance to safety, and (v) to minimize the quantity of radioactive wastes generated.

(19) Waste Treatment Radioactive waste treatment facilities shall be provided.

These facilities shall.be designed to concentrate all site generated wastes and convert them into a form suitable '.'or interim storaga and ultimate final disposal.

w DECOMMISSIONING (20) Decommissioning An ISFSI shall be designed to facilitate decontamination of structures and equipment and to minimize the quantity and facilitate

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safety shall be maintained by or under the control of the licensee throughout the life of the installation.

J Suboart H - Plant Protection S 72.81 Physical Security Plan.

(a) The plan for detailed security measures for physical protection shall consist of two parts.

Part I shall demonstrate how the applicant plans to comply with the applicable requirements of Part 73 of this chapter at the proposed installation.

Part II shall I

list tests, inspections, audits, and other means to be used to demonstrate compliance with such re,cirements.

Ten copies are required.

4 (b) A description of the design for physical protection shall show the site layout and ISFSI design features which will make the installation less vulnerable to sabotage, and shall include:

(i) The principal design criteria for the physical protection of the proposed installation.

(ii) The design bases and the relation of the design bases to

'j the principal design criteria submitted pursuant to paragraph (a) of this section; and 1

(iii)

Information relative to materials of construction, equipment, general arrangement, and proposed quality assurance program sufficient to provide reasonable assurance that the final installation will conform to the design bases for the principal design criteria submitted pursuant to paragraph (a) of this section.

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Subcart G - Quality Assurance 6 72.75 Ouality Assurance Procram; Records.

(a) A quality assurance program basec' on the criteria in Appendix B of Part 50 of this chapter shall be established and implemented to provide assurance that the safety related structures, systems and components of an ISFSI will perform their safety functions.

The application of the quality assurance program should be commensu-rate with the importance of individual structures, systems and components to safety.

The quality assurance program should cover the activities of designing, purchasing, faiaricating, hr.ndling, shipping, storing, cleaning, erecting, installing, inspecting, testing, operating, maintaining, repairing, and modifying.

(b) As used in this section, " quality assurance" means all those planned and systematic actions necersary to provide confidence that a structure, system, or component will perform sat'sfactorily in service.

Quality assurance includes quality contro'., which comprises those quality assurance actions related to the physical characteristics of a material, structure, compenent, or system which provide a means to control the quality of the material, structure, component, or system to predeternined requirements.

(c)

Appropriate records of the design, fabrication, erection, and testing of structures, systems, and components important to s,

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a period of 2 years from the date of the change and shall furnish to the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy to the appropriate NRC Regional Office specified in Ap; -dix A of Part 73 of this chapter, a report containing a description of each change within 2 months after the chang > is made.

Suboart I - Training and Certification of ISFSI Personcel

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6 72.91 Scooe of Training Prooram.

Manipulation of equipment and controls which have been identified as safety-related in the safety analysis report shall be limited to trained personnel, or in an emergency situation, under the direct supervision of an individual with adequate training in such operation.

Supervisory personnel who direct the manipulation of safety-related equipment and controls must have a level of training in such opera-tions comparable to that of trained operating personnel.

S 72.92 Resoonsibility for Trainino Prcaram.

The training and proficiency certifi ation of operating personnel is the responsibility of the licensee under this part.

S 72.93 Physical Reauirements.

(a) The physical condition and the general health of personnel certified for the manipulation of safety-related equipment and controls must not be such as might cause operational error endangering other in plant personnel or the public health and safety.

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