ML20057A840

Request for OMB Review & Supporting Statement Re 10CFR72, Licensing Requirements for Independent Storage of Spent Nuclear Fuel & High Level Radioactive Waste. Estimated Respondent Burden Is 21,442 H

ML20057A840
Person / Time
Issue date:	09/08/1993
From:	Cranford G NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
OMB-3150-132, NUDOCS 9309160013
Download: ML20057A840 (26)

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Naiem Tanious 301 492-3878 10 CFR Part 72 - Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High Level Radioactive Waste s

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PART lit.-Complete This Part Only if ths Raqusst is fu Apprcvd of a Callacti:n.

of Information Undsr the Peperwsrk Riductirn Act end 5 CFR 1320.

13. Ats*ra:t-Des:nbe needs. uses and affected pubhc in 50 words or less Ridioscf.ive Waste ' Storage, Event Notification The proposed rule would revise licensee reporting requirements regarding the notification of events related-to the radiation safety at Independent Spent Fuel-Storage Installations t

and the Monitored Retrievable Storage Installation.

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14. Type of inf ormation cohection (check only one)

Informstron collections not containedin rules

' 1 C PeFutar submission 2 O Emergency submission (certdication attached)

Information collections contained in rules 3 C Erstmg regulatron (no change proposed) 6 fmal or intenm final without pnor NPRM

7. Enter date of expected or actual Federa!

4 2, tiotice of proposed rutemalung (NPRM)

A Regular submission Register pubhcation at this stage of ruiemaung 5 C F. rat NRM was previously pubhshed B O Emergency submission (certd,cetion attached)

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15. Type of revien requested (check only one) 1 U New coHectron 4

Reinstatement of a previously approved coHection for which approvat

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21 Recon o' a currentty approved collection 3 C Exte-sion of tne espiration date of a currently approved collection 5 O Existing coiiection in use witnout an out, controi number without any change in the substance or #n the method of collection

16. Agenty repor* form nur"ber(s)(onclude standard / optional form number (s))

22. Purpose of information collection (Check as many as apply) 1 O Apphcation for benefits Not applicable 2

Program evaluation

17. Annua: report:rg or disc.osure burcen 3

General purpose statistics 1 Number of respondents 8

4 @ Regulatory or compliance 11.75 5 O Program piannmg or management 2 %eer of responses per respondent 3 Tew annuat responses (hne 1 times Ime 2) 94 6

Researen 163.67 7 C Audit du oa s pe' response r

5 Teta' res s me 3 tmes ime 4) 15,385

18. 8.9%a recorSeepmg Duroen 23 Frequency of recordkeeping or reporting (check all that apply) b 1 b Recordweeping 1 Nu"ber 0 recordkeepers 8

757 2 Ant sa' hou s per feco dkeeper,

neportin, 3 Tctat record.eeping heurs (ime 1 t<mes Inne 2).

6.057 2 0 on occasion 4 Recordkeepq retentien eeriod. varies 3 yrs.

to end years 3 g w,,gy

19. Tota! enaaal bumen of license 4 O Monthr y 1 Rec.;ested (Ane 175 pvs hne 18-3) 21,442 5 0 Quarteri>

2 m'em ove m.entory 21.442 6 0 senrannually 3 2#e'e-ce frme 1 less ime 2j O

7 O Annuahy Expianet cn o' diherent e 8

Bsenmany 4 Acg an cr.a ge 9 C Other(cesenbe) 5 Ac est~ee

20. Cr e- & cst recem) OMB contrai riumber or comment number l 24. Respondents'obagatrontecommy(checA toestro rgestoty;a ron tnatappi,es; 3150-132 i

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L W waW caw 2 C Recu red to ceta n or retain a cer.ett 05/31/95 3 20 Mancavy 21f e it e m : nce: ts tv.a-dy educationat agenc>es or inst:tutions or is the pnmary purpose of the cohection re!ated to Feoeta' education prog ams? O Yes 3 No

26. 'tres W a/N at sr Mg te se!ect 'espondeats or does the agency recomrnend or presc".be tne use of samphng or stat stica' ana' yrs by ms p.N* nts '

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NVa:y Art. st&tMa's'anca'ds or drectivet and any other apphcable inforrnation pohcy direttWes have been comphed w?th.

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s Supporting Statement for Amendments to 10 CFR Part 72:

Notification of Events at Independent Spent Fuel Storage Installations and the Monitored Retrievable Storage Installation (3150 - 0132)

Descriotion of the Information Collection The Nuclear Regulatory Commission (NRC) proposes to amend its regulations to revise licensee reporting requirements regarding the notification of events related to radiation safety at Independent Spent Fuel Storage Installations (ISFSIs) and the Monitored Retrievable Storage Installation (MRS). This action is needed to ensure that significant occurrences at these licensed facilities are promptly reported to NRC so that the Commission can evaluate whether the licensee has taken appropriate actions to protect the public health and safety and whether prompt NRC action is necessary to address generic safety concerns.

A.

JUSTIFICATION 1.

Need for the Collection of Information.

The information required by the new s 72.75 is needed to ensure that significant occurrences, such as personnel radioactive contaminations, toxic gas releases, fires, explosions, or tornados, at ISFSIs and the MRS are promptly reported to the NRC so that the Commission can evaluate whether the licensee has taken appropriate actions to protect the public health and safety and whether prompt NRC action is necessary to address generic safety concerns.

Specifically, the information collection contained in this proposed rule are as follows:

Section 72.75(al requires that the licensee notify the NRC as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of any of the following events or conditions involving spent fuel or high-level radioactive waste: 1) An event that prevents immediate actions necessary to avoid exposures to radiation or radioactive materials that could exceed regulatory limits, or releases of radioactive materials that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.).

2) A defect in any spent fuel storage structure, system, or component which is important to safety. 3) A significant reduction in the effectiveness of any spent fuel storage confinement system during use.

4) An action taken in an emergency that departs from a license condition or a technical specification contained in a license issued under this part when the action is immediately needed to protect the public health and safety and no action consistent with license conditions and technical specifications that can provide adequate or equivalent protection is immediately

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apparent.

5) An event that requires unplanned medical treatment at a medical facility of an individual with radioactive contamination on the individual's clothing or body which could cause further radioactive contamination. 6) An unplanned fire or explosion damaging any spent fuel or HLW, or any device, container, or equipment containing spent forl or HLW when the damage affects the integrity of the material or its container.

Section 72.75(b) requires that the licensee notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving spent fuel or HLW:

1) Any unplanned contamination event that requires access to the contaminated area by workers or the public to be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by imposing additional radiological controls or by prohibiting entry into the area.

2) An event in which safety equipment is disabled or fails to function as designed when:

(i) The equipment is required by regulation or licensee condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and radioactive materials exceeding regulatory limits, or to mitigate the consequences of an accident; (ii) The equipment is required to be available and operable when it is disabled or fails to function; and (iii) No redundant equipment is available and operable to perform the required safety function.

Section 72.75(c)(1) specifies that licensees shall make reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Center. To the extent that the information is available at the time of notification, the information provided on these reports must include:

(i) The caller's name and call back telephone number; (ii) A description of the event, including date and time; (iii) the exact location of the event; (iv) The quantities, and chemical and physical form of the spent fuel or HLW involved; and (v) Any personnel radiation exposure data available.

Section 72.75(c)(2) requires each licensee who makes a report required by paragraph (a) or (b) of this section to submit a written follow-up report within 30 days of the initial report.

Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the reports contain all of the necessary information and the appropriate distribution is made. The reports must include the following:

(i) A description of the event, including the probable caase and the manufacturer and model number (if applicable) of any equipment that failed or malfunctioned; (ii) the exact location of the event; (iii)

Quantities, and chemical and physical form of the spent fuel or HLW involved; (iv) Date and time of the event; (v) Corrective actions taken or planned and the results of any evaluations or assessments; and (vi) The extent of exposure of individuals to radiation or to radioactive materials without identification of individuals by name.

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a 2.

Aaency Use of Information.

The NRC maintains a 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> Operations Center for receipt and evaluation of reports of operating events (incidents / accidents) that occur at its licensees, including nuclear power plants and nuclear material licensees.

The information received of events at ISFSIs and the MRS will be promptly evaluated to determine if the licensee has taken corrective actions to protect the public health and safety, and whether the NRC should initiate actions, including issuing warnings of generic hazards to other. licensees, communicating with other Federal and State agencies, or dispatching a response team to the site of the event.

3.

Reduction of Burden Throuah Information Technoloav.

There is no legal obstacle to the use of information technology.

Moreover, NRC encourages its use. However, because of their infrequency of submission, these reports do not readily lend themselves to the use of automated information technology for submission.

4.

Effort to Identify Duplication.

The information requested in the proposed does not duplicate information currently submitted to the NRC. The Information Requirements Control Automated System (IRCAS) was searched for duplication, and none was found.

5.

Effort to Use Similar Information.

i The information collection in this proposed rule makes use of similar information to the maximum extent possible. Most of the information requested by the new 9 72.75 is reportable under 10 CFR Part 50. With one exception (e.g., General Electric, Morris, IL), all Part 72 licensees are ISFSIs operated by nuclear power plants holding Part 50 licenses. All of these power plants have incorporated their ISFSIs into the reactor administrative procedure subject to the requirements in s 50.72. The proposed rule allows licensees to fulfill event reporting by submitting reports prepared pursuant to 9 50.72, if the reports contain all the necessary information and the appropriate distribution is made.

6.

Effort to Reduce Small Business Burden.

This information collection does not affect small business.

7.

Consecuences of less Freauent Collection.

Less frequent collection could result in grave consequences to the-public health and safety, because information about events should be reported to the NRC promptly (either within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />, or 24

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1 hours1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />, depending on the severity of the event) so that the NRC can-take appropriate actions.

8.

Circumstances Which Justify Variations From OMB Guidelines.

There are no variations from OMB guidelines.

9.

Consultations Outside the Aaency.

There have been no formal consultations outside the NRC.

10.

Confidentiality of Information.

NRC provides no pledge of confidentiality for this collection. f o information because it involves reports of events (incidents or accidents), which may be shared between the-NRC and other Federal and State agencies, and made available to the public.

11.

Justification for Sensitive Ouestions.

No sensitive questions are involved.

12 Estimated Annualized Cost to the Federal Government.

The annual information collection burden to the Federal Government is estimated to be $ 1056 (see Table 1).

This cost is fully recovered by fee assessments to NRC licensees pursuant to 10 CFR Part 171.

13.

Estimate of Burden.

The annual information collection burden on affected'NRC licensees I

is estimated to be 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> of reporting burden.

The total. annual cost is estimated to be $2112 (8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> x $132, see Table 2).

14.

Reasons for Chanae in Burden.

The burden estimate has been adjusted upward to account for the small number of events expected to be reported due to the rule.

15.

Publication for Statistical Use.

This information will not published for statistical use.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Not applicable.

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j Table 1 Estimated Annual Cost to the Federal Government i

Number of Hrs. per Total Cost resoonses response hours 2}]32/hr.

either 1 72.75(a) or 2

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$1056 (b), and i 72.75(c)

Total cost

$1056 t

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Table 2 Estimate of Annual Compliance Burden For Reoortina Reauirements Notification of Events at ISFSIs and the MRS ($132/ hour)

Reportina Reauirements:

No. of Lic.

Hours per Total Annual Total Section Responses Submittal Burden (Hrs.)

Cost (s) either i 72.75(a) 2 1

2

$ 264 or (b)

Notification 6 72.75(c)(2) 2 7

14

$1848 Written rpt.

Total burden for 16

$2112 reporting requirements 4

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[7590-01]

NUCLEAR REGULATORY COMMISSION i

Documents Containing Reporting or Recordkeeping Requirements; Office of Management and Budget t

(0MB) Review AGENCY: Nuclear Regulatory Commission (NRC).

ACTION:

Notice of the OMB review of information collection.

SUMMARY

The Nuclear Regulatory Commission has recently submitted to OMB for review the following proposal for collection of information under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35).

1.

Type of submission, new, revision, or extension:

Revision.

2.

The title of the information collection:

10 CFR Part 72 - Notification of Events at Independent Spent Fuel Storage Installations (ISFSIs)

I and the Monitored Retrievable Storage Installation (MRS).

3.

The form number if applicable: Not applicable.

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4.

How often is the collection required: On occasion.

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5.

Who will be required'or asked to report:

Licensees of ISFSIs and the MRS.

6.

An estimate of the number of responses annually:

Four, t

7.

An estimate of the number of hours needed annually to complete the equirement or request:

16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br /> (an average of 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per response).

8.

An indication of whether Section 3504(h), Pub. L.96-511 applies:

l Yes.

9.

Abstract: The Nuclear Regulatory Commission (NRC) proposes to amend its-regulation to revise licensee reporting requirements regarding the notification of events related to radiation. safety at Independent Spent Fuel Storage Installations (ISFSIs) and the Monitored Retrievable Storage Installation (MRS). This action is needed to ensure that significant occurrences at these licensed t

facilities are promptly reported to NRC so that the Commission can evaluate whether the licensee has taken appropriate actions to r

protect the public health and safety and whether prompt NRC action is necessary to address generic safety concerns.

Licensee

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compliance with these reporting requirements would be mandatory r

whenever a significant~ event occurs, j

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Copies of the submittal may be inspected or obtained for a fee from the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.

Comments and questions can be directed by m:il to the OMB reviewer:

Ronald Minsk Office of Information and Regulatory Affairs (3150-0132)

NE08-3019 Office of Management and Budget Washington, DC 20503 Comments may also be communicated by telephone at (202) 395-3084.

The NRC Clearance Officer is Brenda Jo. Shelton, (301) 492-8132.

9-Dated at Bethesda, Maryland, this !

day of *

, 1993.

v For the Nuclear Regulatory Commission.

h r l,h Jj

! Gerald F. C'ranford, Designgled Sening Official for Information Resources Management.

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[7590-01]

i NUCLEAR REGULATORY COMMISSION 1

10 CFR PART 72 3

RIN 3150-AE37 l

Notification of Events at Independent Spent Fuel Storage Installations and the Monitored Retrievable Storage Installation AGENCY:

Nuclear Regulatory Commission.

b ACTION:

Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) proposes to amend its j

regulations to revise licensee reporting requirements regarding the notification of events related to-radiation safety at Independent Spent Fuel l

Storage Installations (ISFSIs) and the Monitored Retrievable Storage Installation (MRS). This action is needed to ensure that significant occurrences at these licensed facilities _are promptly reported to NRC so that t

the Commission can evaluate whether the licensee has taken appropriate actions to protect the public health and safety and whether prompt NRC action is necessary to address generic safety concerns.

DATE: The comment period expires ------- (75 days after date of publication in the Federal Register.) Comments received after this date will be i

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.

1

ADDRESSES: Mail written comments to:

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

i Comments may be delivered to One White Flint North,11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm on Federal workdays.

Copies of the draft regulatory analysis, the finding of no significant t

impact, the supporting statement submitted to OMB, and comments received may be examined at:

The NRC Public Document Room. 2120 L Street NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Naiem S. Tanicus, Office of Nuclear Regulatory Research, U.S. Nuclear Pegulatory Commission, Washington, DC, 20555.

Telephone (301) 492-3878.

SUPPLEMENTARY INFORMATION:

Background

On August 16,1991 (5f; FR 40757), the NRC amended its regulations in Title 10, Code of Federal Regulations (10 CFR), Parts 20, 30, 40, and 70 to better describe those eve'its that must be reported to the NRC because they pose a hazard to public Sealth and safety or the environment.

These new reporting requirements covered the following areas:

Inability to control licensed material, unplanned contamination events, failure of safety equipment, personal injury events, and fires and explosions.

l Public comments received when the amendments were proposed suggested i

that Part 72 also be amended to require notification of events at ISFSIs and l

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the MRS. The NRC' responded that it would consider the suggestion and initiate rulemaking to amend Part 72, if appropriate.

In considering the suggestion,

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1 the NRC reviewed the event reporting requirements imposed on Part 72 licensees and found that, except for criticality, Part 72 itself contains no reporting requirements for these types of events recently covered by the recent amendments to Parts 30, 40, and 70.

Furthermore, among the five existing i

Part 72 licensees, the reporting requirements (imposed by license conditions) were not consistent.

Therefore, the NRC has now decided that it is desirable to proceed with amending Part 72.

l Discussion The event reporting requirements which are the subject of this proposed rulemaking are similar to those added to Parts 30, 40, and 70.

The NRC believes that the proposed requirements more accurately describe events that must be reported to the NRC because they affect the health and safety of the public and the environment.

Because spent fuels from nuclear power plants are stored in ISFSIs and MRS, the staff also examined the existing event reporting requirements related to nuclear power plants (Part 50).

In developing the proposed reporting requirements, the staff considered two guiding principles:

the radioactivity inventory contained at the site, and the significance of the events to the public health and safety. The ISFSIs and MRS would generally contain larger inventories of radioactivity than the facilities of material (Parts 30,' 40, or

70) licensees. On the other hand, the events that could occur at ISFSIs and MRS would be less significant than events that could occur at nuclear power 3

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i plants.

Therefore, the proposed reporting requirements for Part 72 licensees i

are in between the reporting requirements for nuclear. power plant licensees and 'for material licensees.

The intent of these requirements is to require timely notification (either immediately or within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, depending on severity) to the NRC of events that could require prompt action by the NRC to protect public health and safety or the environment.

Events that may require notification include personal injuries, fires, explosions, toxic gas releases, tornados, etc.

Prompt NRC actions may include evaluating the potential hazards and corrective actions being taken by the licensee, issuing immediate warnings of generic

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hazards to other licensees, communicating with other Federal and State organizations, activating the NRC incident response center, or dispatching a response team to the site of the event.

To avoid conflicts, the proposed amendments do not apply to activities subject to the reporting requirements in 10 CFR Section 50.72. However, these amendments do apply to commercial power reactor licensees for activities licensed under Part 72; the amendments also apply to research and test reactor licensees possessing material licensed under Part 72 who are not subject to the notification requirements in S 50.72.

For simplicity, a nuclear power plant licensee who holds both Part 50 and Part 72 licenses may use reporting requirements from Part 50 for reporting events from the reactors and the ISFSI.

Furthermore, the licensee would not necessarily make any changes to comply with the requirements of this rule if the reporting requirements in the technical specifications for ISFSI would be at least as r

stringent as the reporting requirements proposed for Part 72.

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When this rule becomes final, conforming license amendments may be-issued by the NRC to resolve conflicts between the newly promulgated rule and existing license conditions.

If license amendments are required, the NRC intends to issue these amendments on its own initiative without a formal submittal from the licensee requesting the amendments.

The NRC specifically requests public comments on (1) the completeness of these reporting requirements, (2) the number of reports that licensees expect might be generated yearly, (3) how to minimize reports of events that do not require a prompt NRC response without excluding any events that do require prompt NRC actions, and (4) events that would require prompt NRC actions but are not covered under the proposed amendments.

A.

Immediate Notification A period of 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> would be the maximum time allowed for "immediate notification" by Part 72 licensees.

It is intended that licensees will notify the NRC of events requiring immediate notification, as described below, as soon as possible, but in no case later than four hours after discovery of the event.

The proposed "immediate notification" requirements are consistent with i

i the immediate notification requirements specified in S 50.72 for power reactors.

'q Control of Soent Fuel or Hiah-level Radioactive Waste.

The primary

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responsibility for controlling spent nuclear fuel (as defined in 10 CFR 72.3, spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies), or 5

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high-level radioactive waste (HLW), rests with the licensee.

It is important that the NRC immediately receive reports of events that~ prevent the licensee from performing immediate actions necessary to maintain control of spent fuel or HLW and from protecting the public.

Licensees will need to exercise some judgment in determining when events require immediate NRC notification.

After an event has been discovered, the licensee must determine what immediate actions are necessary to: (1) maintain and verify control of all spent fuel or HLW involved and (2) avoid exposures to radiation or radioactive materials that could exceed regulatory limits, or to releases of spent fuel and HLW that could exceed regulatory limits.

Events may include fires, explosions, toxic gas releases, natural phenomena that can cause damage such as tornados and.

earthquakes, etc.

An immediate NRC notification would be required if the event prevented the licensee from performing any of those actions, regardless of the duration of the event.

The NRC expects licensees to report as soon as possible any event where personnel normally able to take an immediate action are somehow prevented from taking the action.

An immediate action is an initial action taken after a hazardous situation is identified to minimize exposures to radiation or radioactive materials, or to minimize releases of radioactive materials.

Immediate actions would normally be taken within 15 minutes of identifying the hazard. The NRC does not expect immediate reports of normal delays associated with sounding alarms and responding to the site of the emergency.

However, if alarms cannot be sounded or personnel cannot respond, an immediate report (within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />) would be required.

A normal delay in responding to an event such as the time to drive to the site or the time to call the fire department 6

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1

would not be reportable.

However, once responders are available and able to do the job, any additional delay would be reportable.

Examples of cases where an immediate report would be required include: A toxic gas leak near an operation that prevents workers from immediately reducing a high radiation field around the leak; a fire that prevents workers from immediately securing a ventilation system to stop a release of airborne radioactive material exceeding regulatory limits; and a collapsed ceiling from an explosion that prevents workers from immediately closing a valve to stop a release of radioactive material exceeding regulatory limits.

Power Reactors usina Storace Casks. Reporting requirements would be added by this proposed rule in S 72.75 (a)(2) and (a)(3) to cover power I

reactors licensed under Part 50 who are also using fuel storage casks under a i

general license issued under S 72.210 (Subpart K-General License for Storage of Spent Fuel at Power Reactor Sites).

These ISFSI general licensees are required by S 72.216 and S 50.72 (b)(2)(vii) to report immediately, but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />, any defect in a spent fuel storage cask structure, system, or component which is important to safety, or a significant reduction in the effectiveness of spent fuel storage cask confinement system. Adding these requirements to the new section 72.75 will establish consistent reporting i

requirements among licensees using spent fuel storage casks under a Part 72 specific license.

A reporting requirement is being proposed in S 72.75 (a)(4) to cover immediate actions needed to protect the public health and safety taken in an emergency that depart from a license condition or a technical specification.

l (To combat a fire, for example the licensee may take measures that are not 7

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normally allowed by the license.) This proposed requirement is based on existing requirements in Parts 50.72(b)(1)(1)(B) and 50.54(x). Adding this reporting requirement to S 72.75 will ensure that such reports will still be required if the Part 50 license is terminated and the ISFSI continues operation under a specific Part 72 license.

Personal In.iury Events. A requirement would be added for licensees to report as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after discovering any event that requires unplanned medical treatment at a medical facility of an individual with radioactive contamination on the individual's clothing or body which could cause further contamination.

These events are significant because they may (1) indicate physical safety problems in a licensed operation, (2) risk internal contamination through open wounds, and (3) expose medical personnel to radiation and contamination.

This information is necessary to provide the basis for an independent determination by the NRC that appropriate actions have been taken both to control the spread of contamination and to perform any necessary decontamination.

Prompt action may also be required to investigate the cause of the injury and to prevent additional contamination problems.

If within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of discovering the personal injury event the licensee has not verified whether the individual was contaminated during medical treatment, the licensee is expected to act conservatively and report the event.

The requirement to report personal injury events is being proposed as an immediate report rather than the 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> reporting requirement established in Parts 30, 40, and 70 to make the proposed requirement consistent with 8

S 50.72 (b)(2)(v) which requires a 4 hour4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> report from power reactors.

As i

stated earlier, most facilities licensed under Part 72 are located at' power

]

l reactor' sites,.and event reporting has been incorporated into the j

4 j-administrative procedures for the power reactors. As a result, those Part 72 facilities would already report personal injury events within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />.

The l

l NRC is proposing to make this consistent with Part 50 because most Part 72 facilities are so closely associated with power reactors. As for research and j

test reactors, which will be covered by this proposed rule, there are no I

licenses issued under part 72 to these nonpower reactors for independent j

storage of their spent fuel.

The NRC believes that the impact of this requirement on Part 72 facilities which are not located at power reactor sites (i.e., GE Morris) will be minimal.

Fires and Explosions. A new requirement would be added to report as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after discovering any fire or explosion that damages spent fuel or HLW, or any device, container, or equipment that contains spent fuel or HLW. These events must be evaluated promptly to minimize any spread of contamination and to determine the performance of shielding and other features designed to control spent fuel or HLW.

Fires or explosions that damage spent fuel or HLW are of particular l

significance because they can cause radioactive materials to be released, generate airborne radioactive contamination, and generate contaminated runoff from water used to extinguish fires.

A second notification is not required if 3

an immediate notification was made for a fire or explosion that prevented immediate response actions (see the discussion above for control of spent fuel or HLW).

9 I.

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l This information is necessary to assure the NRC that appropriate actions have been taken to detect and control any releases that may have occurred.

Prompt action may be required to verify survey results and radi.ological controls for recovery efforts.

In the event of a fire or explosion, an immediate report would be required if licensee personnel or firefighters were prevented by radiation hazards or other conditions from performing immediate response actions that they would normally be able to perform.

However, if no immediate response actions were prevented, but there was damage that affected j

the integrity of the spent fuel or HLW or its container, an immediate report would still be required.

If within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of discovering the fire or explosion the licensee has not verified whether any reportable damage

.1 occurred, the licensee is expected to act conservatively and report the event.

The requirement to report fires and explosions is being proposed as immediate reporting requirement rather as 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> reporting requirement as in Parts 30, 40, and 70 primarily because the nature of the hazard involved at an ISFSI.

Spent fuel and HLW are much more radioactive then the materials found at Part 30, 40, or 70 licensed facilities.

In addition, a request for.

immediate reporting of fires and explosions at an ISFSI is also. consistent with the fires and explosions reporting requirements of Part 50.72 and with administrative procedures already being followed by most Part 72 licensees.

i 1

1 B.

24-Hour Notification Contamination Events. The proposed rule would require licensees to notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovering any unplanned contamination event that requires access to the contaminated area, by workers or the public, 10

i to be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> through the imposition of additional

{

radiological controls or prohibiting entry into the area.

If a licensee i

discovers that an area has unexpectedly been contaminated with a licensed material, the NRC expects the licensee to impose appropriate controls to keep exposures and releases as low as reasonably achievable (ALARA) until the area can be decontaminated.

If controls beyond those required before the contamination event occurred are necessary for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, a report would be required.

t Safety Eauipment Related Events. A reporting requirement would be added for licensees to report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovering any event in which equipment is disabled or fails to function as designed if (1) the equipment is required by regulation or license condition to prevent releases or exposures exceeding regulatory limits, or to mitigate the consequences of an accident; (2) the equipment is required to be available and operable when it is disabled or fails; and (3) no redundant equipment is available and operable to perform the required safety function when the failure occurs. This reporting l

requirement includes equipment failure, equipment damage, and procedural errors which cause equipment to fail or be disabled.

NRC must be aware of i

these events to identify potential safety hazards and to ensure that the licensee takes appropriate actions to protect workers and the public.

l Licensees will need to exercise some judgment in determining when an event requires a 24-hour NRC notification.

First, the licensee must determine whether the inoperable equipment was required by regulation or license condition to prevent releases or overexposures exceeding regulatory limits, or mitigate the consequences of an accident. Second, the licensee must determine

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whether the function of the equipment, or the availability o'f the function was needed when the equipment was disabled or failed to function. A 24-hour notification is not required if neither the function nor its availability was required when the equipment was inoperable. Third, the licensee must determine whether redundant equipment was operable and available to perform the required safety function. The accident consequences to be mitigated by I

the equipment include major property damage,. widespread contamination of uncontrolled areas, or fatalities or serious injuries requiring medical treatment.

6 The following are examples of events that would require a 24-hour NRC notification:

(1)

Damage to a filtered ventilation system, required by regulation or j

license condition, that permits effluent air to bypass filters during operations.

This bypass could result in either releases that exceed regulatory limits or exposure of personnel to levels of airborne radioactive material that exceed regulatory limits.

t (2)

Failure of equipment or shielding materials required by regulation or license condition to shield radiation from spent fuel or HLW.

(3)

Failure of monitoring equipment required by regulation or license condition to verify that safe criticality conditions exist while spent fuel bundles are being moved in a pool.

This information is necessary to assure the NRC that when the function of required safety equipment has been lost, the licensee has taken appropriate action to compensate for the lost safety function or to eliminate the hazard requiring the safety function. This information is also necessary to identify significant safety equipment failures that may require prompt action to prevent similar problems at other licensed facilities.

t 12

F Written Reports The proposed rule would require a written report within 30 days of any 1

immediate or 24-hour notification. Written reports prepared pursuant to other

~

regulations may be submitted to fulfill this requirement if the report contains all of the necessary information and the appropriate distribution is made.

Applicability of the Rule The NRC believes the that the proposed rule will have little or no impact on current Part 72 licensees. The proposed rule would not apply to power reactor licensees who do not store spent fuel under a Part 72 license.

The rule would apply to research and test reactor licensees possessing spent fuel under a Part 72 license, and not subject to the notification requirements in S 50.72.

However, at the present time there are no Part 72 licenses issued to research or test reactor licensees. With one exception (i.e., General i

Electric, Morris, IL), all current Part 72 specific licensees are ISFSIs operated by nuclear power plants holding Part 50 licenses. All of these power i

plants have incorporated their ISFSI into the reactor administrative procedures which include reporting procedures subject to the requirements in Section 50.72.

Therefore, the proposed rule would have no impact on these ISFSIs.

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Environmental Impact:

Categorical Exclusion The NRC has determined.that this proposed rule is the type of action described in the categorical exclusion 10 CFR 51.22(c)(3)(iii). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this regulation.

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 for review and approval of the paperwork requirements.

The public reporting burden for this collection of information is -

estimated to average 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 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 i

of information, including suggestions for reducing the burden, to the Information and Records Management Branch (MNBB-7714), U.S. Nuclear Regulatory Commission, Washington, DC, 20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NE0B-3019 (3150-0132), Office of Management and Budget, Washington, DC, 20503.

t 14 i

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

The analysis examines the costs and benefits of the alternatives considered by the Commission.

The draft analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.

Single copies of the draft analysis may be obtained from Naiem S.

Tanious, telephone (301) 492-3878.

The Commission requests public comments on the draft regulatory analysis. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.

Regulatory Flexibility Certification The NRC has prepared a draft regulatory analysis of the impact of this proposed rule on small entities.

The draft analysis indkates that the proposed rule is estimated to have no significant economic mpact on Part 72 licensees, because the estimated cost to industry of reporting postulated events would be in the range of $ 0 - 2112 annually.

Moreover, none of the current Part 72 licensees are considered small entities.

The proposed rule would apply to research and test reactors who are small entities, should they choose to store spent fuel under a Part 72 license.

However none of these are Part 72 licensees at present.

In any case, no report would be required of licensees unless tnere is an incident involving spent fuel or HLW that meets the criteria specified in the proposed amendments.

Hence, the impact on Part 72 licensees should be minimal, The draft analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level),

15

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1 Washington, DC.

Single copies' of the draft analysis may be obtained from Naiem S. Tanious, telephone (301) 492-3878.

Backfit Analysis The NRC has determined that the backfit rule 10 CFR 50.109, does not apply to this proposed rule because these amendments do not involve any provisions which would impose backfits on licensees as defined in S 50.109(a)(1).

Also, the NRC has determined that backfitting requirements in S 72.62 do not apply to this proposed rule because the proposed event reporting requirements are not procedures required to operate an ISFSI or MRS.

Thereforo a backfit analysis is not required.

List of Subjects 10 CFR Part 72 Manpower training programs, Nuclear materials, Occupational safety.and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

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; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C.

553, the Commissicn is proposing to adopt the following amendments to 10 CFR Part 72.

I i

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_..,,., ~

..,, _ ~,, ~ ~ - - - -.

. - -. - -, - - -. - - - - - ~ ~ - - - -

4 PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORACE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL'RADI0 ACTIVE 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, 10155, 10157, 10161, 10168).

Section 72.44(g) also issued under secs. 142(b) and 148(c), (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 (42 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.

10165(g); Subpart J also issued under secs. 2(2),2(15),2(19),ll7(a),

141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C.

I 10101, 10137(a), 10161(h)).

Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C.

10198).

17 J

2.

S 72.84 Violations (a) The Commission may obtain an injunction or other court order to prevent a' violation of the provisions of -

(1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) The Commission may obtain a court order for the payment of a civil penalty imposed under Section 234 of the Atomic Energy Act:

(1) For violation of -

(i) Sections 53, 57, 62, 63, 81, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified ir, paragraph (b)(1)(i) of this section.

(iv) Any term, condition, or limitation of any license issued under the sections 186 of the Atomic Energy Act of 1954, as amended.

3.

S 72.86 Crim0'al Penalties.

(a)

Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under Sections 161b,1611, or 1610 of the Act.

For purposes of Section 223, all the regulations in Part 72 are issued under one or more of Sections 161b, or 1610, except for the sections listed in paragraph (b) of this section.

18 1

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(b)

The regulations in part 72 that are not issued under sections 161b, 161i, or 1610 for the purposes of Section 223 are as follows: SS 72.1, 72.2, 72.3, 72 4, 72.5, 72.7, 72.8, 72.9, 72.16, 72.18, 72.20, 72.22, 72.24, 72.26, 72.28, 72.32, 72.34, 72.40, 72.42, 72.46, 72.54, 72.56, 72.58, 72.60, 72.62, 72.84, 72.86, 72.90, 72.96, 72.108, 72.120, 72.122, 72.124, 72.126, 72.128, 72.130, 72.182, 72.194, 72.200, 72.202, 72.204, 72.206, 72.210, 72.214, 72.220, 72.230, 72.236, 72.238, and 72.240.

4.

A new S 72.75 under Subpart 0

" Records, Reports, Inspections, and Enforcement" - is added to read as follows:

S 72.75 Reportina Reouirements for Events Other than Criticality.

(a)

Immediate report.

Each licensee shall notify the NRC as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of any of the following events or conditions involving spent fuel or HLW:

(1) An event that prevents immediate actions necessary to avoid exposures to radiation or radioactive materials that could exceed regulatory limits, or releases of radioactive materials that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.).

(2) A defect in any spent fuel storage structure, system, or component which is important to safety.

(3) A significant reduction in the effectiveness of any spent fuel storage confinement system during use.

(4) An action taken in an emergency that departs from a license condition or a technical specification contained in a license issued under this part when the action is immediately needed to protect the public health and safety and no action consistent with license conditions and technical 19

o.

t specifications that can provide adequate or equivalent protection is r

immediately apparent.

(5) An event that requires unplanned medical treatment at a medical facility of an individual with radioactive contamination on the individual's clothing or body which could cause further radioactive contamination.

(6) An unplanned fire or explosion damaging any spent fuel or HLW, or any device, container, or equipment containing spent fuel or HLW when the damage affects the integrity of the material or its container.

(b) Twenty-four hour report.

Each licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving spent fuel or HLW:

(1) Any unplanned contamination event that requires access to the contaminated area by workers or the public to be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by imposing additional radiological controls or by prohibiting entry into the area.

(2) An event in which safety equipment is disabled or fails to function 5

as designed when:

(i) The equipment is required by regulation or licensee condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and radioactive materials exceeding regulatory limits, or to mitigate the consequences of an accident; (ii) The equipment is required to be available and operable when it is disabled or fails to function; and (iii) No redundant equipment is available and operable to perform the required safety function.

(c)

Preparation and submission of reports.

Reports made by licensees in response to the requirements of this section must be made as follows:

ll 20

(1)

Licensees shall make reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Center.' To the extent that

- the information is available at the time of-notification, the information provided on these reports must include:

(i) The caller's name and call back telephone number; (ii) A description of the event, including date and time; (iii) the exact location of the. event; (iv) The quantities, and chemical and physical form of the spent fuel or HLW involved; and (v) Any personnel radiation exposure data available.

(2) Written report.

Each licensee who makes a report required by paragraph (a) or (b) of this section shall submit a written follow-up report within 30 days of the initial report. Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the reports contain all of the necessary information and the appropriate distribution is made. These written reports must be sent to the U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC, 20555, with a copy.to the appropriate NRC Regional Office listed in Appendix D of 10 CFR Part 20. The reports must include the following:

(i) A description of the event, including the probable cause and the manufacturer and model number (if applicable) of any equipment that failed or malfunctioned; (ii) the exact location of the event; (iii) Quantities, and chemical and physical form of the spent fuel or HLW involved; (iv) Date and time of the event; (v) Corrective actions taken or planned and the results of any evaluations or assessments; and (vi) The extent of exposure of individuals to radiation or to radioactive materials without f

identification of individuals by name.

The commercial telephone number for the NRC Operations Center is 2

(301) 951-0550.

21

p, ;

(3) The provisions of S 72.75 do not apply to licensees holding Part 72 a

licenses subject to the notification requirements in's 50.72 of this chapter.

They do apply to research and test reactor licensses possessing material licensed under Part 72 who are not subject to the notification requirements in-S 50.72.

Dated at Rockville, Maryland, this day of 1993.

For the Nuclear Regulatory Commission.

l James M. Taylor, Executive Director for Operations.

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o (3) The provisions of S 72.75 do not apply to activities subject to the notification requirements in S 50.72 of this chapter.

They do apply to research and. test reactors possessing material licensed under Part 72 which are not subject to the notification requirements in S 50.72.

Dated at Rockville, Maryland, this day of

, 1992.

For the Nuclear Regulatory Commission.

James M. Taylor, Executive Director for Operations.

7 Offc: RDB:DRA RDB:DRA RDB:DRA DD:DRA:RES D:DRA:RES DD:GIR:RES i

Name: NTanious RAuluck SBahadur FCostanzi BMorris CJHeltemes.

Date:

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/93 Offe: D:RES ED0 Name: EBeckjord JMTaylor Date:

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/93' OFFICIAL RECORD COPY L

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s D0C. FILE NAME:

FEDRG72.NST LONC DISPLAY:

NOTIFICATION OF INCIDENTS CREATED:

AUTHOR:

N. Tanious REVISED:

6/17/92 7/8/92 7/9,22/92 08/19/92 09/0/192 TYPIST:

LCrossland Estanford LCrossland CJones CJ TIME:

9:40 am 4:00 pm 2:00 pm 9:45 am 9:10 am 10/08/92 1/12/93 1/13/93 1/29/92 2/23/93 CJones jw jw jw jw 4:08 pm 10:15am 8:20am 8:30am 5:15pm EXCERPT:

[7590-01]-

NUCLEAR REGULATORY COMMISSION 10 CFR 72 RIN 3150-AE37 Notification of Incidents AGENCY:

Nuclear Regulatory Commission.

ACTION:

Proposed Rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) proposes to amend its regulation to revise licensee reporting requirements regarding the notification of incidents / accidents related to radiation safety at Independent Spent Fuel Storage Installations (ISFSI) and the Monitored Retrievable Storage Installations (MRS).

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Distribution:

[FEDRG72.NST)

Subj: circ:chron ESBeckjord CJHeltemes j

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