ML20045F783

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Proposed Rule 10CFR72, Emergency Planning Licensing Requirements for ISFSI & Monitored Retrievable Storage Facilities. Rule Intended to Provide Level of Preparedness Consistent W/Nrc defense-in-depth Philosophy
ML20045F783
Person / Time
Issue date: 05/17/1993
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-58FR29795, RULE-PR-72 PR-930517, NUDOCS 9307090009
Download: ML20045F783 (33)


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~93 iMY 17 P4 :06 NUCLEAR REGULATORY COMMISSION L

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i 10 CFR Part 72 4

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RIN 3150-AE17 i

i Emergency Planning Licensing Requirements l

for Independent Spent Fuel l

Storage Facilities (ISFSI) and Monitored l

Retrievable Storage Facilities (MRS)

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AGENCY:

Nuclear Regulatory Commission.

i ACTION:

Proposed rule.

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SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to provide, as directed by the Nuclear Waste Policy Act of 1982, for the emergency planning licensing requirements for Independent Spent Fuel Storage Facilities i

(ISFSI) and Monitored Retrievable Storage Facilities (MRS).

The i

proposed amendments are necessary to ensure that local authorities will be notified in the event of an accident so that i

they may take appropriate action.

The proposed rule is intended l

to provide a level of preparedness at these facilities that is consistent with NRC's defense-in-depth philospophy.

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9307090009 930517.

i PDR PR glj 72 5BFR29795 PDR:

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I f/4/93 DATES:

Submit comments by (75 days after publication).

Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.

ADDRESSES:

Mail written comments to Secretary, U.S.

Nuclear Regulatory Commission, Washington, DC 20555, ATTN: Docketing and i

Service Branch.

Deliver comments to One White Flint North, 11555 j

Rockville Pike, Rockville, MD. between 7: 30 'a.m.

and 4:15 p.m.

weekdays.

Copies of the environmental assessment and findings of no significant environmental impact, and comments received on the proposed rule are available for inspection and copying'for a fee f

at the NRC Public Document Room, 2120 L Street, N.W.,

Washington, D.C.,

Lower Level.

FOR FURTHER INFORMATION CONTACT:

Michael T. Jangochian, Office 3

of Nuclear Regulatory Research, Washington, D.C.

20555, Telephone (301) 492-3918.

l Background-i I

SUPPLEMENTARY INFORMATION:

On May 27, 1986 (51 FR 19106),

l following Commission approval, the proposed revision to 10 CFR l

Part 72 relating to licensing requirements for Independent Spent f

Fuel Storage Facilities (ISFSI) and Monitored Retrievable Storage j

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t Facilities (MRS), including requirements for emergency planning, was published in the Federal Register for comment.

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i On November 30, 1988 (53 FR 31651), the Commission' published i

the final rule outlining the licensing requirements for ISFSI and f

i MRS but reserved the emergency planning licensing requirements I

for a later date.

This rulemaking package provides these I

requirements.

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Discussion f

In the Federal Register Notice (53 FR 31651) dated i

November 30, 1988, which published the final regulations outlining the licensing requirements for ISFSI and MRS, the l

Commission responded to several comments relating to emergency f

planning by stating that:

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P "The basic concept of emergency planning in S 72.33 (S 72.19) has not been changed.

None of the respondents t

provided any additional information to the staff or i

questioned the staff analyses such as to change the basis l

l for the staff's approach to emergency planning for an ISFSI L

l or an MRS.

Moreover, in view of the relatively passive i

e nature of facilities for the receipt, handling, and storage l

of spent fuel and high-level radioactive waste, as compared f

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i to operating power reactors, emergency plans for ISFSI and t

MRS need not be equivalent to emergency plans for reactors.

i Since the proposed revision of Part 72 was published for comment on May 27,.1986, the NRC has published proposed 1

amendments to 10 CFR Parts 30, 40, and 70 which would i

require certain NRC fuel cycle and other radioactive 4

materials licensees that engage in activities that may have the potential for a significant acciden'tal release of NRC i

licensed materials to establish and maintain approved emergency plans for responding to such accidents.

Although applicable to persons licensed under different parts of the Commission's regulations, the proposed requirements for i

l emergency plans in Parts 30, 40, and 70 contain similar provisions because they are designed to protect the public against similar radiological hazards.

The proposed revision j

of Part 72 as published for comment also requires applicants for an ISFSI and MRS license to submit an emergency plan (see 5 72.32).

Although the texts of proposed S 72.32 and

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the parallel provisions of the proposed Emergency i

Preparedness rule are not identical, these provisions have t

t the same purpose and use the same approach.

In both cases, e

the proposed regulations require onsite emergency planning with provisions for offsite emergency response in terms of i

A Proposed rule on Energency Preparedness f or fuel Cycle and Other Radioactive Material Licensees, 52 FR 12921, April 20, 1987.

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l coordination and communication aith offsite authorities and l

rhe public.

It is therefore appropriate that in both cases these requirements should be expressed in the same way, i

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Until the Commission promulgates the Emergency Preparedness l

rule in final form, it is not possible to ascertain exactly j

the language that should be used.

In view of these circumstances and since there is every expectation that this period of uncertainty will be of relatively short duration, k

we believe the prudent course of action is to reserve 5 72.32 (5 72.;9), Emergency plan, in the final rule with the understanding that the text of this section will be premulgated in final form as a conforming amendment when the Commission adopts and promulgates the final Emergency Preparedness rule or shortly thereafter."

t On April 7, 1989 (54 FR 14051), the Commission published in the Federal Register the final regulations relating to Emergency Preparedness for Fuel Cycle and Other Radioactive Material Licensees (10 CFR Part 7 0).

The requirements for Part 70 licensees state that:

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"5 70.22 (i) (3)

Emergency Plans submitted under Paragraph (i) (1) (ii) of this section must include the

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following information:

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T (i) Facility description.

A brief description of the licensee's facility and area near the site.

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'f (ii) Types of accidents.

An identification of each. type of radioactive materials accident for which protective i

actions may be needed.

(iii) classification of accidents.

A classification system for classifying accidents as alert's or site area emergencies.

l (iv) Detection of accidents.

Identification of the means of detecting each type of accident in a timely manner.

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(v) Mitigation of consequences.

A brief description of the means and equipment for mitigating the consequences 1

of each type of accident, including those provided to f

protect workers onsite, and a description of the program for maintaining the equipment.

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(vi) Assessment of releases.

A brief description of the i

methods and equipment to assess releases of radioactive materials.

i (vii) Responsibilities.

A brief description of the responsibilities of licensee personnel should an 6

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accident occur, including identification of personnel responsible for promptly notifying offsite response organizations and the NRC; also responsibilities for f

a developing, maintaining, and updating the plan.

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(viii) Notification and coordination.

A commitment to and a brief description of the means to promptly notify offsite response organizations and request offsite assistance, including nodical assistance for the treatment of contaminated injured onsite workers when appropriate.

A control point must be established.

The notification and coordination must-be planned so that unavailability of some personnel, parts of the facility, and some equipment will not prevent the i

notification and coordination.

The licensee shall also commit to notify the NRC operations center immediately after notification of the appropriate offsite response organization and not later than one hour after the licensee declares an emergency.2 l

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(ix) Information to be communicated.

A brief description of

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i the types of information on facility status, i

radioactive releases, and recommended protective i

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' These reporting reoJirements do not supersede or retrase licensees of f

crsTplying with the requirements tnder the Emergercy Planning and l

Connnity Right-to4now Act of 1986, Title Ill, Fub. L. 99 499 or other i

state or federal reporting requirements.

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I actions, if necessary, to be given to offsite response i

organizations and to the NRC.

i (x) Training.

A brief description of the frequency,

't performance objectives and plans for the training that l

the licensee will provide workers on how to respond to I

an emergency including any special instructions and j

orientat.i.on tours the licensee would offer to. fire, police, medical and other emergency personnel.

The training shall familiarize personnel with site-specific emergency procedures.

Also, the training shall-thoroughly prepare site personnel for their responsibilities in the event of accident scenarios postulated as most probable for the specific site, including the use of team training for such scenarios.

(xi) Safe shutdown.

A brief description of the means of restoring the facility to a safe condition after an accident.

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l (xii) Exercises.

Provision for conducting quarterly communications checks with offsite response i

organizations and biennial onsite exercises to test response to simulated emergencies.

Quarterly f

communications checks with offsite response i

organizations must include the check and update of all l

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l necessary telephone numbers.

The licensee shall invite offsite response organizations to participate in the biennial exercises.

Participation of offsite response organizations in biennial exercises although L

recommended is not required.

Exercises must use accident scenarios postulated as most probable for the-l specific site and the scenarios shall not be known to j

most exercise participants.

The' licensee shall critique each exercise using individuals not having-direct implementation responsioility for the plan.

l Critiques of exercises must evaluate the appropriateness of the plan, emergency procedures, j

facilities, equipment, training of personnel, and

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overall effectiveness of the response.

Deficiencies I

found by the critiques must be corrected.

i (xiii) Hazardous chemicals.

A certification'that the applicant has met its responsibilities under the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Public Law 99-499, if applicable to f

i the applicant's activities at the proposed place'of use j

i of the special nuclear material.

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(4)

The licensee shall allow the offsite response organizations expected to respond in case of an accident 60 days to comment on the licensee's

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1 emergency plan before submitting it to NRC.

The licensee shall provide any comments received within the 60 days to the NRC with the e:::ergency i

plan."

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Proposed emergency planning regulations for Part 72 licensees were published on May 27 1986 (51 FR 19106), proposing to require the following:

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"5 72.19 Emergency Plan t

An application to store spent fuel in an ISFSI or to store spent fuel and high-level radioactive waste in an MRS must-include plans for coping with emergencies, j

(a)

An emergency plan must include the following:

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(1)

A brief-description of the licensee's facility, 4

i site, and area near the site; (2)

Identification of each type of - accident f or which l

t an emergency response may be needed; P

(3)

Identification of methods for the detection of t

approaching an accident condition;

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r (4)

A brief description of methods and equipment for mitigating the consequences of accidents, j

' including those provided to protect workers onsite against radiation hazards, and a description of j

the program for maintaining the equipment:

I (5)

A brief description of the methods and equipment to measure and assess accidental releases of f

radioactive materials; (6)

A brief description of the responsibilities of t

licensee personnel should an accident occur, including identification of personnel responsible for promptly notifying offsite response organizations and the NRC; (7)

A brief description of the methods for promptly f

notifying offsite response organizations and requesting assistance, including medical assistance; 4

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(8)

A brief description of the types of-information on i

facility status, radioactive releases,.and

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recommended actions, as appropriate to be given to l

offsite response organizations and to the NRC;

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(9)

A brief description of any special instructions l

t and orientation tours the licensee would offer to fire, police, medical, and other emergency j

response personnel; (10) A brief description of the means of restoring the facility to a safe condition after an accident; and

.I (11) Provisions for conducting onsite quarterly 3

communications checks and biennial drills and for identifying and correcting deficiencies in the r

plan.

l (b)

The licensee shall allow the offsite response organizations expected to respond in case of emergency 60 days to comment on the licensee's emergency plan before submitting the plan to NRC for-approval.

The licensee shall provide any comments that have been

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received within the 60 days to the NRC with the I

emergency plan.

i (c)

For an ISFSI that is located on the site of a nuclear power reactor licensed for operation by the Commission, i

the emergency plan required by 10 CFR 50.47 shall be deemed to satisfy the requirements of this section."

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After reviewing the proposed emergency planning requirements for Part 72 licensees and comparing them to the final emergency planning requirements for Part 70 licensees published in the Federal Register on April 7, 1989 (54 FR 14051), the Commission I

has determined that they contain similar provisions because they are designed to protect the public against similar radiological hazards.

The Commission finds that, even though these provisions are not entirely identical, they have the same purpose and use the same approach.

In both cases, they require onsite emergency planning with provisions for offsite emergency response in terms of coordination and communication with offsite authorities and f

the public.

h As a result of the above evaluation, the Commission is proposing that the emergency planning licensing requirecents for Part 72 licensees be similar to those requirements already codified in 10 CFR 70.22 for other Part 70 licensees.

Nonetheless, the Commission wishes to establish' unique provisions j

in the emergency planning requirements for ISFSI facilities versus MRS facilities.

The Commission anticipates a potential i

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need for enhanced emergency planning requirements appropriate to the entire range of operations which may be conducted at an MRS facility.

The Commission acknowledges that, to date, accidents A

that have been postulated and analyzed for either an ISFSI or NRS would result in similar offsite doses.

The analysis of potential onsite and offsite consequences of accidental releases 13

associated with the operation of an ISFSI is contained in NUREG-1140.

This evaluation shows-that the maximum dose to a member of the public offsite due to an accidental release of radioactive materials would not exceed 1 rem effective dose equivalent which

'I is within the EPA Protective Action Guides or an intake of 2 milligrams of soluble uranium (due to chemical toxicity).

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P Thus the consequences of worst-case accidents involving an

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l ISFSI located on a reactor site would be inconsequential when h

compared to those involving the reactor itself.

Therefore, I

current reactor emergency plans cover all at-reactor ISFSI's.

An ISFSI that is to be licensed for a stand-alone operation will need an emergency plan established in accordance with the proposed requirement in this rulemaking.

NUREG-1140 concluded that the postulated worst-case accident involving an ISFSI has t

insignificant consequences to the public health and safety.

Therefore, the proposed requirements to be imposed on ISFSI 4

licensees reflect this fact, and do not mandate formal offsite components to their onsite emergency plans.

Similarly, the Commission has conducted an analysis of potential onsite and offsite consequences of accidental releases associated with the operation of an MRS.

The analysis is contained in IRIREG-1092.

This evaluation shows that the maximum i

dose to a member of the public offsite due to an accidental

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release of radioactive materials would likely not exceed 1 rem 3

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effective dose equivalent which is within the EPA Protective I

Action Guides or an intake of 2 milligrams of soluble uranium (due to chemical toxicity).

Nonetheless, the Commission believes 1

it appropriate to require enhanced offsite emergency. planning at i

an MRS because of the broader scope of activities which could be j

performed at such a facility.

In addition to the handling and 7

repackaging for storage of large numbers of individual fuel bundles (15,000 Metric Tons Heavy Metal (MTHM)) which involves.

l the receipt, inspection, and. transfer of sev'eral thousand transport casks, MRS operations may also encompass the consolidation of the stored fuel into casks for subsequent geological disposal after interin storage.

At this time a final l

MRS design has not been selected.

The MRS may be a large

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industrial facility equipped to handle the loading, unloading, l

i and decontaminating a large number of spent fuel shipping

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containers arriving by both truck and rail.

It could also include facilities to disassemble the fuel bundles and I

consolidate that fuel into special storage / transport containers, j

and facilities to handle solidified high-level waste.

Such i

facilities would require the equipment necessary to treat low-and C

high-level waste generated by the above operations.

It is.also possible, however, for an MRS facility to serve primarily'as a i

t warehouse operation, limited solely to accepting, storing and e

later tran-shipping a large number of universal container systems i

(IICS) of th9 type proposed by Virginia Power. Given the

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uncertainties in the design and operation of the MRS, (no formal i

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5 application exists) the Commission believes it prudent to raise e

the level of emergency planning to include some offsite preparedness should operation of an MRS present accident risks in excess of those analyzed in NUREGs 1140 and 1092.

Because the level of threat to the public health and safety from the MRS may exceed that from an ISFSI the emergency planning requirements for the MRS include an offsite component, codified within that section of the proposed rule.

To achieve this goal, the proposed MRS emergency plan requirements are modeled after 10 CFR 50.47(d).

The intent of this section was to mandate a minimum level of offsite response capability during initial reactor licensing and low power i

operations.

This same minimum level of response is considered i

appropriate to MRS operations.

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Because much of the language needed to achieve this level of offsite protection has already been codified in 10 CFR Part 50, similar language is included within the proposed emergency plan requirements for an MRS, [10 CFR 72. 32 (b) (15) (1-vi) ).

The Commission notes that for both types of facilities this rulemaking is not required in order to provide adequate safety and may not be justified based solely on a comparison of the t

costs of implementing these regulations to the increase in public i

health and safety.

Rather, the Commission believes that it is 16

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I justified in terms of safety enhancement such as the intangible

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benefit of being able.to assure the public that local authorities l

will be notified in the event of an accident so that they may take appropriate actions.

The NRC feels that such preparedness is prudent and consistent with the NRC's philosophy of defense-in-depth.

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Nonetheless, the Commission wishes to note that because the full nature and extent of operations and pro' cesses that will be I

conducted at an MRS are yet undefined, the public is requested to

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comment as to whether an offsite component to emergency

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preparedness at an MRS is reasonable, appropriate or. premature at this time.

i It is the Comnission's intention that the enclosed proposed Part 72 Emergency Planning requirements supersede the proposed Emergency Planning requirements published on May 27, 1986, (51 FR i

19106); therefore,-the 1986 proposed amendments are hereby

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withdrawn.

1 Submission of Comments on Electronic Format f'

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Commenters are encouraged to submit, in addition to the original paper copy, a copy of the comment letter in electronic format on l

5.25 or 3.5 inch conputer diskette; IBM PC/ DOS or MS/ DOS format.

Data files should be provided in Wordperfect format or l

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unf ermatted ASCII code.

The format and version should be f

i identified on the diskette external label.

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1 Finding of No Significant Environmental Impact:

Availability The Commission has determined under the National Environmental Policy Act of 1969, as amended, the Commission's l

t regulations in Subpart A of 10 CFR Part 51, that this rule, if l

t adopted, would not be a major Federal action significantly f

affecting the quality of the human environment; and therefore, an i

environmental impact statement is not required.

The rule would t

not affect the probability or the size of. accidental radioactive j

releases.

It might in some cases reduce the doses people near i

i the facility site could receive.

The environmental assessment I

and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document i

Room, 2120 L Street, N.W., Washington, D.C.

lower level.

The i

environmental assessment and finding of no significant impact are.

contained in Sect')n 4.3 of NUREG-1140, "A Regulatory Analysis on l

Emergency Preparedness for Fuel Cycle and Other Radioactive Material Licensees."

Single copies are available without charge upon written request from NRC Distribution Section, Office of i

Administration, USNRC, Washington, DC 20555.

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Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.).

This rule has been submitted to the Office of Management and Budget fcr review and approval of the paperwork requirements.

Public reporting burden for this collection of information is estimated to average 625 hours0.00723 days <br />0.174 hours <br />0.00103 weeks <br />2.378125e-4 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for further reducing reporting burden, to the Information and Records Management Branch (MNBB-7714),

U.S.

Nuclear Regulatory Commission, Washington D.C.

20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-3019, (3150-0132), Office of Management and Budget, Washington, D.C.

20503.

Regulatory Analysis The Commission has prepared a regulatory analysis on this proposed regulation.

The analysis examines the accident scenarios considered by the Commission as well as the costs and 19

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benefits of actions considered.

The analysis _is available for inspection in the NRC Public Document Room, 2120 L Street, N.W.,

a Washington, DC.

Single copies of the analysis may be obtained without charge upon written request f rom:

Distribution Section, i

Office of Administration, USNRC, Washington, DC 20555.

i Regulatory Flexibility Certification

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As required by the Regulatory Flexibility Act of 1980, (5 i

U.S.C.

6059b), the Commission certifies that this rule, if i

i adopted, will not have a significant economic impact upon a substantial number of small entities.

i The proposed rule would require the development and i

implementation of emergency plans by licensees who are authorized s

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to possess significant amounts of radioactive material.

These 1

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companies do not fall within the definition of a small business y

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found in the Small Business Act, 15 U.S.C. 632, or within the l

a small business size standards set forth in 13 CFR Part 121.

The proposed rule will affect three (3) licensees.

Two licensees hold Part 50 licenses and are required to comply with the

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t provisions respecting emergency plans set out in Part 50.

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Thus, the proposed rule would not impose a significant economic impact on a substantial number of small entities, as J

defined in the Regulatory Flexibility Act of 1980.

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P Any small entity affected by this regulation which determines that, because of its size, it is likely to bear a disproportionate adverse economic impact, should notify the ccmmission of' this in a comment that indicates the following:

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(a)

The small entity's size in terms of annual income or revenue and number of employees; (b)

How the proposed regulation would' result in a significant economic burden upon the small entity as compared to that on a larger entity; (c)

How the proposed regulations could be modified to take into account the entity's differing needs or capabilities.

The comments should be sent to the Secretary of the l

Commission, U.S. Nuclear Regulatory. Commission, Washington, DC 20555, ATTN: Docketing and Service Branch.

t Backfit Analysis I

The NRC has determined that the backfit rule, 10 CFR 50.109, j

i does not apply to this proposed rule, and thus, a backfit i

I analysis is not required for this proposed rule, because these l

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t' amendments do not involve any provisions which would i= pose backfits as defined in s 50.109 (a) (1).

t List of Subjects in 10 CFR Part 72 i

i Manpower training programs, Nuclear materials,. Occupational safety and health, Reporting and recordkeeping require =ents, Security measures, Spent fuel.

I For the reason presented in the preamble and under the authority of the Atomic Energy Act of 1954', as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 72.

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PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND - HIGH-LEVEL RADIOACTIVE WASTE 1.

The authority citation for Part 72 is' revised to read as follows:

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, # 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83' Stat. 444, as amended (42 U.S. C.

2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub.

L.86-373, 73 Stat. 688, as amended (42 U.S.C.

2021) ; sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.

5841, 5842, 5846); Pub.

L.95-601, sec. 10, 92 Stat.

2951 (42 U.S.C.

5851); sec. 102, Pub.

L.91-190, 83 Stat. 853 (42 U.S.C.

4332); secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub.

L.

100-203, 101 Stat. 1330-235 (42 U.S.C.

10151, 10152, 10153, 10157, 10161, 10168).

Section 72.44 (g) also issued under secs. 142(b) and 148(c),

r (d), Pub.

L.

100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C.

10162 (b), 10168 /, c ), (d))..Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C.

2239); sec. 134, Pub.

L.97-425, 96 Stat. 2230 (4 2 U.S.C.

10154).

Section 72.96(d)-also issued-under sec. 145(g), Pub.

L.

100-203; 101 Stat. 1330-235 (42 U.S.C.

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10165(g)).

Subpart J also issued under secs. 2(2), 2(15), 2(19),

117(a), 141(h), Pub.

L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C.

10101, 10137(a), 10161(h), Subparts K and L are also issued under sec. 133, 96 Stat. 2230 (42 U. S. C. 10153) and 218(a), 96 Stat. 2252 (42 U.S.C.

10198).

2.

In S 72.32 paragraphs (a) and (b) are added to read as follows:

S 72.32 Emergency Plan, (a)

Each application for an ISFSI (that is not located on the site of a nuclear power reactor or that is located on the site of a nuclear power reactor which does not have an operating license) that is licensed under this part must be accompanied by an Emergency Plan that includes the following information:

(1)

Facility description.

A brief description of the licensee's facility and area near the site.

(2)

Types of accidents.

An identification of each type of radioactive materials accident for which protective actions may be needed.

1 (3)

Classification of accidents.

A classification system I

for classifying accidents up to an alert.

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(4)

Detection of accidents.

Identification of the means of detecting an accident condition.

(5)

Mitigation of consequences.

A brief description. of the means of mitigating the consequences of each type of accident, including those provided to protect workers onsite, and a description of the program for maintaining the equipment.

(6)

Assessment of releases.

A brief description of the methods and equipment to assess releases of radioactive materials.

(7)

Responsibilities.

A brief description of the responsibilities of licensee personnel should an accident occur, including identification of personnel responsible for promptly notify'ng offsite responna organizations and the NRC; also responsibilities for developing, maintaining, and updating the plan.

(8)

Notification and coordination.

A commitment to and a brief description of the means to promptly notify offsite response organizations and request offsite assistance, including medical assistance for the treatment of contaminated injured onsite workers when appropriate.

A control point must be established.

The notification and coordination must be planned so that unavailability of some personnel, parts of the facility, 25 i

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l and some equipment will not prevent the notification and i

coordination.

The licensee shall also commit to notify the NRC i

operations center immediately after notifications of'the l

i appropriate offsite response organizations and not later than one i

hour after the licensee declares an emergency.'

f i

(9)

Information to be communica:ed.

A brief description of f

the t'fpes of information on facility status; radioactive releases, and recommended protective actions, if necessary, to be given to offsite response organizations and to the NRC.

j e

t (10) Training.

A brief description of the training the j

licensee will provide workers on how to respond to an energency l

a and any special instructions and orientation tours the licensee 4

would offer to fire, police, medical and other emergency personnel.

i (11) Safe Condition.

A brief description of the neans of l

l restoring the facility to a safe condition after an accident.

I I

(12) Exercises.

(i) Provisions for conducting seniannual connunications checks with offsite response organizations and biennial onsite exercises to test response to simulated t

i i

  • These reporting requirements do not supersede or release licensees of complying with the requirements under the Emergency Planning and Community s

Right-to-Know Act of 1986, Title III, Pub. L.99-499 or other state or federal l

reporting requirements.

f i

l 26 i

i

1 l

i l

l 1

emergencies.

Radiological / Health Physics, Medical, and Fire Drills should be conducted semiannually.

Semiannual communications checks with offsite response organizations must include the check and update of all necessary telephone numbers.

[

The licensee shall invite of fsite response organizations to participate in the biennial exercises.

t (ii) Participation of offsite response organizations in biennial exercises although recommended is not required.

Exercises must use scenarios not known to most exercise l

participants.

The licensee shall critique each exercise using i

individuals not having direct implementation responsibility for

[

I the plan.

Critiques of exercises must evaluate the appropriateness of the plan, emercency procedures, facilities, equipment, training of personnel, and overall effectiveness of l

the response.

Deficiencies found by the critiques must-be i

corrected.

l 4

t (13) Hazardous chemicals.

A certification that the l

L applicant has met its responsibilities under the Emergency l

Planning and Community Right-to-Know Act of 1986, Title III,

[

Public Law 99-499, if applicable to the applicant's' activities at f

the proposed place of use of the special nuclear material.

i t

(14) The licensee shall allow the offsite response organizations expected to respond in case of an accident 60 days f

f 27 i

L t

t i

to comment on the licensee's emergency plan before submitting-it to NRC.

The licensee shall provide any comments received within the 60 days to the NRC with the emergency plan.

(15) In order to assure for potential offsite assistance the l

review of an applicant's emergency plans shall include i

i arrangements for requesting and effectively.using offsite assistance on site have been made, arrangements to accomodate State and local staff at the licensee's near-site emergency facility have been made, and other organizations. capable of

-l augmenting t'. e planned onsite response have been identified.

(16) Arrangements made for providing information to the public.

3 (b)

Each application for an MRS that is licensed under this j

part must be accompanied by an Emergency Plan that includes f

4 the following information:

)

(1)

Facility description.

A brief description of the licensee's facility and area near the site.

(2)

Types of acciden~s.

An identification of each type of radioactive materials accident for which protective actions may I

?

be needed.

I 28 i

~

(3)

Classification of accidents.

A classification system for classifying accidents as alerts or site area emergencies.2 (4)

Detection of accidents.

Identification of the means of detecting an accident condition.

(5)

Mitigation of consequences.

A brief description of the means of mitigating the consequences of each type of accident, including those provided to protect workers'onsite, and a i

description of the program for maintaining the equipment.

I (6)

Assessment of releases.

A brief description of the i

t methods and equipment to assess releases of radioactive f

t materials.

j I

t (7)

Responsibilities.

A brief description of the responsibilities of licensee personnel should an accident occur, including identification of personnel responsible for promptly

{

notifying offsite response organizations and the NRC; also i

i responsibilities for developing, maintaining, and updating the plan.

l f

f l

2 Site Area e=ergency means events may occur, are in progress, or have occurred that could lead to significant release r

of radioactive material and that could require a response by l

offsite response organizations to protect persons offsite.

l 29 i

t i

.. ~

(8)

Notification and coordination.

A commitment to and a

)

brief description of the means to promptly notify offsite l

response organizations and request offsite assistance, including redical assistance for the treatment of contaminated injured I

onsite workers when appropriate.

A control point must be established.

The notification and coordination must be planned l

so that unavailability of some personnel, parts of the facility, I

and some equipment will not prevent the notification and coordination.

The licensee shall also commit to notify the NRC j

i operations center immediately after notifications of the l

4 appropriate offsite resronse organizations and not later than one i

hour after the licensee declares an emergency.3

.[

t (9)

Information to be communicated.

A brief description of

{

the types of information on facility status; radioactive i

releases, and recommended protective actions, if necessary, to be l

I given to offsite response organizations and to'the NRC.

}

l j

(10) Training.

A brief description of the training the l

a l

licensee will provide workers on how to respond to an emergency i

i and any special instructions and orientation tours the licensee s

t would offer to fire, police, medical and other emergency 1

?

personnel.

i i

3 These reporting requirements do not supersede or release licensees of complying with the requirements under the Emergency Planning and Community Right-to-Know Act of 1986, Title III, l'

Pub.

L.99-499 or other state of federal reporting requirements.

30 r

I

.i l

i (11) Safe Condition.

A brief description of the means of l

restoring the facility to a safe condition after an accident.

l I

(12) Exercises.

(i) Provisions for conducting quarterly communications checks with offsite response organizations and f

1 annual onsite exercises to test response to simulated i

emergencies.

Radiological / Health Physics, Medical, and Fire Drills should be held semiannually.

Quarterly communications checks with offsite response organizations must include the check' and update of all necessary telephone numbers.

The licensce shall invite offsite response organizations to participate in the j

l annual exercises.

f (ii) Participation of offsite response organizations in i

2 annual exercises although recommended is not required.

Exercises must use scenarios not known to most exercise participants.

The r

licensee shall critique each exercise using individuals not having direct implementation responsibility for the plan.

Critiques of exercises must evaluate the appropriateness of the 1

plan, emergency procedures, facilities, equipment, training of personnel, and overall effectiveness of the response.

l Deficiencies found by the critiques must be corrected.

I i

(13) Hazardous chemicals.

A certification that the l

applicant has met its responsibilities under the Emergency Planning and Community Right-to-Know Act of 1986, Title III, t

i 31

(

4

=-

Public Law 99-499, if applicable to the applicant's activities at j

the proposed place of use of tha special nuclear material.

i (14) The licensee shall allow the offsite response organizations expected to respond in cas3 of an accident 60 days i

to comment on the licensee's emergency p '.an before submitting it j

to NRC.

The licensee shall provide any comments received within the 60 days to the NRC with the emergency plan.

(15) Review of applicant's emergency plans shall include the following for potential offsite assistance:

i (i)

Arrangements for requesting and effectively using offsite assistance on site have been made, arrangements to accommodate State and local staff at the licensee's near-site i

emergency facility have been made, and other organizations capable of augmenting the planned onsite response have been

[

identified.

i (ii) Provisions exist for prompt communications among I

principal response organizations to offsite emergency personnel F

who would be responding onsite.

j I,

(iii)

Adequate emergency facilities and equipment to i

support the emergency response onsite are provided and l

maintained.

I 32 6

- r.-

m

(iv) Adequate methods, systems, and equipment for assessing and monitoring actual or potential consequences of a radiological emergency condition are available, j

(v)

Arrangements are made for medical services for l

contaminated and injured onsite individuals.

l (vi) Radiological Emergency _ Response Training has been made available to those offsite who may be called to assist in an emergency ensite.

l (16) Arrangements made to provide information to.the public.

i i

l 4

f ii i

Dated at Rockville, Maryland, this day of May, 1993.

I For the U.S.

Nuclear Regulatory Commission.

[

f

/

1 whW N I

i

)

I Samuel J.

Chilk, Secretary of the Commission 33

.