ML20045G067
| ML20045G067 | |
| Person / Time | |
|---|---|
| Issue date: | 06/16/1993 |
| From: | Blaha J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-58FR34947, RULE-PR-50 PR-930616, NUDOCS 9307120051 | |
| Download: ML20045G067 (14) | |
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93 ;"! 29 N: 57 NUCLEAR REGULATORY COMMISSION t
10 CFR Part 50 RIN 3150-AEiG 6
Notification of Spent Fuel Management and Funding Plans By Licensees of Prematurely Shut Down Power Reactors j
AGENCY:
Nuclear Regulatory Commission.
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ACTION:
Proposed rule.
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SUMMARY
The Nuclear Regulatory Commission (NRC). proposes to amend its regulations to clarify-the timing of notification to the NRC of spent fuel management and funding plans by licensees of those nuclear power reactors that have been shut down before i
i the expected end of their operating lives.
The proposed rule, if adopted, would require that a licensee submit such notification either within 2 years after permanently ceasing operation of its licensed power reactor or no later than 5 years before the reactor operating license expires, whichever event occurs first'.
i 9lis193 DATE:
Comment period expires [75 days after date of publication in the Federal Register).
Comments received after this date will be considered if it is practical to do so, but the Commission is-
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able to assure consideration only for comments received on or I
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before this date.
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ADDRESSES:
Mail written comments to:
Secretary, U.S. Nuclear
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Regulatory Commission, Washington, DC 20555, Attention:
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Docketing and Service Branch.
J Deliver comments to:
11555 Rockville Pike, Rockville, l
Maryland, between 7:45 an and 4:15 pm Federal workdays.
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i Examine copies of comments received at:
The NRC Public i
Document Room, 2120 L Street, N.W.
(Lower Level), Washington, i
i D.C.
j FOR FURTHER INFORMATION CONTACT:
Robert Wood, Office'of Nuclear Reactor Regulntion, U.S.
Nuclear Regulatory Commission,.
l Washington, D.C.
20555, telephone (301) 504-1255.
SUPPLEMENTARY INFORMATION:
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Background
On August 31, 1984, the NRC published a final rule,
" Requirements for Licensee Actions Regarding the Disposition of Spent Fuel Upon Expiration of Reactor Operating Licensees" t
(49 FR 34689).
In part, this rule added to the NRC's regulation i
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i new paragraph -- 10 CFR 50. 54 (bb) -- which required licensees d
of nuclear power reactors to submit for NRC review and approval, no later than 5 years before the reactor operating license expires, their plans for managing spent fuel at their site until title to the spent fuel is transferred to the Department of Energy (DOE)
These plans are to include plans for funding of spent fuel management before transfer to DOE.
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In the preamble to the 1984 final rule, the Commission-responded to comments on the proposed rule by stating that:
l Premature shutdown or termination of a reactor's f
I license which results in an unanticipated need for
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j interim storage or disposal arrangements is not i
expected to be a generic problem.
The Commission will i
consider the consequences of premature termination of a
operation, should such an event occur, on a case-by-case basis.
Even if a reactor shuts down prematurely,
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it will still be required to comply with license requirements (49 FR 34689, at p. 34690).
Similarly, in the final decommissioning rule (53 FR 24018; j
4 June 27, 1988), the Commission acknowledged that, in certain l
l instances, reactors might be permanently shut down before l
completing the full term of their operating lives.
- However, I
because the Commission determined that such instances would be 1
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4 infrequent, it did not explicitly include in the rule remedies 1
for premature shutdown.
subsequent to the publication of both the final spent fuel i
disposition and decommissioning rules, 6 power reactor facilities have been shut down prematurely:
the Fort St. Vrain Nuclear Generating Station, the Rancho Seco Nuclear Generating Station, l
t Unit 1 of the San Onofre Nuclear Station, the Shoreham Nuclear
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Power Station, the Trojan Nuclear Station and the Yankee Nuclear
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i Power Station.
Unit 2-of the Three Mile Island-Nuclear Station f
also effectively permanently ceased operation after suffering its March 1979 accident although the licensee never formally announced its shutdown.
The Commission's regulations in 10 CFR 50.82(a) provide that all power reactors that permanently cease operation after i
July 27, 1988, including those that shut down prematurely, must i
apply to the NRC to decommission their facilities within 2 years following permanent cessation of operations.
Further, 10 CFR
- 50. 82 (b) (1) (iii) indicates that the proposed decommissioning plan submitted by the licensee when applying to decommission should consider factors such as the " unavailability of waste disposal capacity and other site specific factors affecting the licensee's e
capability to carry out decommissioning safely..."
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Discussion l
The Commission requires that each licensee submit its f
decommissioning plans in a timely manner after permanently ceasing operations.
The NRC's regulations recognize that the l
ability of a licensee to plan properly and safely for q
decommissioning depends on a licensee's ability to manage and i
dispose of its spent fuel.
Therefore, the timing of actions required in 10 CFR 50.54 (bb) for managing and storing spent fuel i
should be consistent with the decommissioning tining requirements
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in 10 CFR 50.82.
The intent of 10 CFR 50. 54 (bb) is to provide j
for plans for the orderly management of spent fuel by the time the reactor is permanently shut down.
When the NRC developed S50. 54 (bb), premature reactor shutdown was not deemed to be very
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likely and, in any case, DOE had scheduled to begin operating a permanent repository in 1998.
However, the number of reactors that have been shut down prematurely has increased over earlier expectations.
Also, DOE has delayed development of a permanent repository, which increases the number of reactors that will likely need to store spent fuel on-site.
t Therefore, the Commission proposes to amend 10 CFR 50.54(bb) to require a power reactor licensee to notify the NRC of the i
licensee's program to manage and provide funding for management of the irradiated fuel at the reactor either within 2 years following permanent cessation of operation of the reactor or no
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l later than 5 years before expiration of the reactor operating
~ 1icense, whichever occurs first.
The NRC chose a tern of 2 years following permanent cessation of operations to be consistent with the timing provisions in 550.82(a) for submittal of a decommissioning plan.
Also, continuing to require licensees to submit spent fuel management and funding plans 5 years prior to t'
expiration of the operating license for a plant that does not shut down prematurely will maintain consistency with the timing-t I
provisions of 550.75(f) for submittal of a preliminary decommissioning plan.
r Additionally, pursuant to 10 CFR 50.75, costs of spent fuel i
removal and disposal are not included in the decommissioning cost j
estimates.
This proposed rule is consistent with that objective.
j The Commission will consider a rulemaking on the inclusion of l
spent fuel costs as part of decommissioning costs when its information base on spent fuel costs is fully developed.
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A licensee will need to plan to manage spent fuel once its plant permanently ceases operation so as to comply with the NRC's i
decommissioning regulations in 10 CFR 50.82.
Therefore, the conforming changes in 10 CFR 50.54(bb) would not represent any additional requirements.
Rather, these changes are administrative because they clarify the timing of submissions of J
spent fuel management and funding plans for those licensees whose power reactors are shut down prematurely.
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Finding of No Significant Environmental Impact:
Availability These proposed amendments would clarify the timing of
-l submission of plans for managing and providing funding for managing all irradiated fuel for those licensees whose power j
reactors are shut down prematurely.
This action is required to j
i coordinate the submission of spent fuel management and funding i
i plans with submission of decommissioning plans for prematurely
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shutdown reactors.
Because management and funding of spent fuel can have a significant impact on the method and timing of decommissioning, licensees should submit their plans for spent
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fuel management and funding to be consistent with the timing.
i provisions for decommissioning plans in 550.82(a)
(i.e., no later'
. j than 2 years after permanent shutdown).
Neither this action nor the alternative of maintaining the
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existing rule would significantly affect the environment.
i Changes in the timing of the submission of spent fuel management I
and funding for prematurely shutdown power reactors would.not alter the effect on the environment of the licensed activities considered in either the final spent fuel disposition rule (49 FR 34689; August 31, 1984) or the final decommissioning rule (53 FR 24018; June 27, 1988) as analyzed in the Final Generic-Environmental Impact Statement on Decommissioning-of Nuclear Facilities (NUREG-0586, August 1988).
The alternative to.this
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proposed action would not cignificantly affect the environment.
Therefore, the Commission has determined, under the National 1
Environmental Policy Act of 1969, as amended, and the i
Commission's regulations in Subpart A of 10 CFR Part 51, that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment, and I
therefore an environmental impact statement is not required.
No l
other agencies or persons were contacted for this proposed 1
action, and no other documents related to the environmental impact of this proposed action exist.
The foregoing constitutes I
the environmental assessment and finding of no significant impact for this proposed rule.
t Paperwork Reduction Act Statement This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.).
Existing requirements were approved by the Office of Management and Budget approval number [3150-0011).
Regulatory Analysis F
on August 31, 1984, the NRC published a final rula, i
" Requirements for Licensee Actions Regarding the Disposition of Spent Fuel Upon Expiration of Reactor Operating Licensees."
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As part of this rule, the NRC required power reactor licensees to submit for NRC review and approval, no later than 5 years before expiration of the reactor operating license, their plans for managing spent fuel at their site until title to the spent fuel is transferred to the Department of-Energy (DOE).
These plans are to include plans for funding of spent fuel management before transfer to DOE.
On June 27, 1988, the Commission promulgated its final decommissioning rule (53 FR 24019).
Section 50.82 of this rule provides that licensees of all power reactors that permanently I
cease operation after July 27, 1988, including those that shut i
down prematurely, must apply to the NRC to decommission their facilities within 2 years following permanent cessation of operations.
Section 50.82 (b) (1) (iii) further provides that the proposed decommissioning plan submitted'by the licensee should consider factors such as the " unavailability of waste disposal capacity and other site specific factors affecting the licensee's capability to carry out decommissioning safely..."
The Commission requires licensees to submit decommissioning plans in a timely manner after they permanently cease operations.
The NRC's regulations recognize a licensee's ability to plan properly and safely for decommissioning depends on a licensee's ability to dispose of its spent fuel.
Thus, the timing of requirements for spent fuel management and storage should be consistent with the timing for submission of decommissioning plans, including those
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l, 10 for power reactors that have been shut down prematurely.
l Therefore, the NRC proposes to amend 10 CFR 50.54(bb) to require each power reactor licensee to notify the NRC of its program to j
manage and provide funding for management of the. irradiated fuel
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at its reactor either within 2 years after the licensee t
permanently ceases operation of its reactor or no later-than 5 years before its reactor operating license expires, whichever l
occurs first.
i Although the timing of preparation and submission of plans for management and funding of spent fuel would be formally'
'l advanced for licensees that shut down their power reactors I
prematurely, these licensees would be required to incorporate.the
-t same consideration of spent fuel management and' funding.in their i
decommissioning plans required to be submitted under i
i 10 CFR 50.82.
The proposed regulations merely make i
10 CFR 50.54(bb) consistent with 10 CFR 50.82.
Thus, there should be no substantive impact on power reactor licensees.
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l The proposed rule would r,ot create substantial costs for other licensees.
The proposed rule also will not significantly affect state and local government and geographical regions, or i
i the environment, or create substantial costs to the NRC or other-Federal agencies.
The foregoing discussion constitutes the regulatory analysis for this proposed rule.
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11 Regulatory Flexibility Certification
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l As required by the Regulatory Flexibility Act of 1980, t
1 5 U.S.C.
605(b), the Commission certifies that this rule, ifL
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adopted, will not have a significant impact upon a substantial number of small entities.
The proposed rule would potentially I
affect approximately 115. nuclear power reactor operating licenses.
Nuclear power plant licensees do not fall within the definition of small businesses as defined in section 3 of the Small Business Act, 15 U.S.C.
632, the Small Business Size Standards of the Small Business Administrator (13 CFR Part 121),
or the Commission's Size Standards (56 FR 56671; November 6, i
l 1991).
t Backfit Analysis The NRC has determined that this proposed rule does not j
impose a backfit as defined in 10 CFR 50.109 (a) (1).
Therefore, a backfit analysis is not required for this proposed rule.
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i List of Subjects in 10 CFR Part 50 Antitrust, Classified information, Criminal penalty, Fire j
protection, Incorporation by reference, Intergovernmental relations, Nuclear poser plants and reactors, Radiation i
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12 protection, Reactor siting criteria, Reporting and recordkeeping j
requirements.
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For the reasons set out 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 amendment to 10 CFR
'l Part 50.
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PART 50-DOMESTIC LICENSING OF PRODUCTION.AND UTILIZATION FACILITIES i
1.
The authority citation for Part 50 continues to read as follows:
Authority:
Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C.
2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236. 2239, 2282); secs. 201 as amended, 202, 206, 88 Stat. 1242 as amended 1244, 1246 (42 U.S.C.
- 5841, f
i 5842, 5846).
Section 50.7 also issued under Pub.
L.95-601, sec. 10, 92-Stat. 2951 (42 U.S.C.
5851).
Section 50.10 also issued under secs. 101, 185, 68 Stat. 955, as amended (42 U.S.C.
2131, 2235);
sec. 102, Pub.
L.91-190, 83 Stat. 853 (42 U.S.C. 4332).
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Sections 50.13, 50.54 (dd), and 50.103 also issued under sec.
i 108, 68 Stat. 939 as amended (42 U.S.C. 2138).
Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C.2235).
Sections 50.33a, 50.55a and Appendix Q also j
issued under sec. 102, Pub.
L.91-190, 83 Stat. 853 f
(42 U.S.C. 4332)., Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).
Sections 50.58 -
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50.91, and 50.92 nico issued under Pub.
L.97-415, 96 Stat. 2073 (42 U.S.C.
2239).
Section 50 78 also issued under sec. 122, f
68 Stat. 939 (42 U.S.C. 2152).
Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Appendix F also issued under sec. 187, 68 Stat. 955 q
(42 U.S.C. 2237).
2.
Section 50.54 is amended by revising paragraph (bb) to I
read as follows I
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550.54 Conditions of licenses.
J (bb) For nuclear power reactors licensed by the NRC, the licensee shall, within 2 years following permanent cessation of operation of the reactor or 5 years before expiration of the reactor operating license, whichever occurs first, submit written notification to the Commission for its review and preliminary
14 approval of the program by which the licensee intends to manage and provide funding for the management of all irradiated fuel at i
the reactor following permanent cessation of operation of the reactor until title to the irradiated fuel and possession of the fuel is transferred to the Secretary of Energy for its ultimate disposal in a repository.
Final Commission review will be undertaken as part of any procee ung for continued licensing under Part 50 or Part 72.
The licensee must demonstrate to NRC that the elected actions will be consistent with NRC requirements for licensed possession of irradiated nuclear fuel and that the
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actions will be implemented on a timely basis.
Where implementation of such actions requires NRC authorizations, the I
licensee shall verify in the notification that submittals for
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such actions have been or will be made to NRC and shall identify them.
A copy of the notification shall be retained by the licensee as a record until expiration of the reactor operating license.
The licensee shall notify the NRC of any significant changes in the proposed waste management program as described in the initial notification.
5 Dated at Rockville, Maryland this day of w
- 1993, 6
For the Nuclear Regulatory Commission.
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Blaha k
ing Executive Director for Operations
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