ML20058C799

Proposed Rule 10CFR51, Consideration of Environmental Impacts of Temporary Storage of Spent Fuel After Cessation of Reactor Operation

ML20058C799
Person / Time
Issue date:	09/11/1990
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-54FR39765, RULE-PR-51 PR-900911, NUDOCS 9011050120
Download: ML20058C799 (13)

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n u a !0 01) usev 5 iTCLEAR REGULATORY COMMISS10ft

'90 SEP 14 P1 :33 10 CFR Part 51 ri i..

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Consiceration of Environnental Impacts of Temporary Storage of Spent fuel After Cessetion of Reactor Operation AGEllCY:

lluclear Regulatory Cennission.

ACT:Cil:

Final rule.

' E UMl:ARY : The flucleer kegulatory Commissier, is revising its generic ceterrinations en the timir.g cf evailatility of a scologic repository for commercial high-level racicactive waste cho spent fuel and the environmental 4rrets of storage of spent fuel at reactor sites ef ter the expiration of reactnr cperating licenses.

These revisior.s reflect tinoings of the Comission reachec in a five-year upcate end supplercr.t to its 1954 " Waste Confidence" rulenaking proceeding, which are publisheo elsewhere in this issue of the,

feceral Register.

The Commission now finds that spent fuel generated in any reactor can be stored refely and without significant environmental impacts in reactor facility storage pools er independent spent fuel storage installations located at reactor or away-from-reactor sites fcr at least 30 years beyond the licensed life for operation (which may include the term of a revised or renewed license).

Further, the Ccnsnission believes there is reasonable assurance that

.t least onc mined geologic repository will be available within the first cuai+0r of the twenty-first century, and sufficient repository capacity will be availaLk within 30 years beyond the licensed life for cperation of any reactor 9011050120 900911 PDR O

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possibility existcc that spent fuel might to stored in exist 1ng or new storage facilities for some period beyond 2007-2009.

The Cemission clso found that the licensed stcrage of spent fuel for et least 30 years beyond the reactor operating license expiration either at or cway from the reactor site was feasible, safe, and would not result in a significant impact on the environment.

Consecuently, the Cctristion tecpted a rule, codified in 10 CFR 51.23.

providir.g that ;Lc (nvironmental impacts uf rt.reacter storage after the tomination of reactor operating licenses need not be considered in Commission eroceecings related to issuance or amendment cf a reactor cperating license.

The same st.foty and environmental considerations applied to fuel storage intttilatiot.5 Stensed under Part 72 t: for storage in reactor tasins.

Accordingly, the rule also provided that the environnental impacts of spent fuel storage et indepencent spent fuel storage installations for the period following expiration of the installation storage license or amendment need not be cor.sidereo in proceedings relateo to issuance or amendment of a storage installation license.

Amendment to Part 51 i

t At the time of issuance of its Waste Confidence decision and the adoption of 10 CFR 51.23, the Conimission also announced that while it believu that it cculd, with reasonable assurance, reach favorable conclusions of confidence, it also-f recognized that significant unexpected events might affect its decision.

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Duke Power Company Public Citi:en Edison Electric Institute italacry liurphy (State of Nevada)

Yankee Atomic Electric Company Department of Energy (DOE)

Philadelphia Electric Company Cor.monwealth Edison Virginia Electric and Power Company itarvin 1. Lewis, Registered Professional Engineer Florica Power & Light The revisior. to this rule was suoported by Duke Power Company, Edison E1cetric Institute, Yankte Atomic E'.cctric Company, Department of Energy, Philadelphia Electric Company, and Virginie Electric and Power Company and generally supported by Commonwealth Editon.

11alachy Murphy, for the State of Nevada suggests that 10 CFR 51.23(a) be emended to reflect reasor,able assurence that spent fuel can be stored safely anc without significant enviror. rental risk in ory casks Let reactor sites for to ere hundred years.

The Commission, in the notice of proposed rulemaking, discussed its Conclusion that even if storCge of spent fuel W9re necessary at least thirty years beyono ti.e licensed life for operation of reactors, which for e reactor whose license is renewed for thirty years would mean a period o at least 100 years, such stcrage is feasible, safe and would net result in a cist.ificant impact cn the environruent.

The Commission's conclusion on this issue considers both wet and d?y storage.

Although the Commission does not dispute the statement that dry spent fuel storage is safe ~and environmen acceptable for a period of 100 years, the Commission does not find it neces to make that specific finding in this proceeding.

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7 the randate of the Nuclear Waste Policy Act Amendments of 1987 to characterize only the Yucca Mountain site which means that if that site is found unsuitable, characterization will have to begin at another site or suite of sites with consequent delay in repository availability; the regulatory need to avoid I

prenature commitment to the Yucca Mountain site; and the questionable value of making predictions about completion of a project as complex and unique as the repository in terms of years when decades would be note realistic.

But even with this change the Conmission has concluded that it has reasonable assurance that on such a scFedule for repository cvailability,. sufficient repository capacity will be available within 30 years beyond the licen;ed life for operation of reactor..

Adequate regulatory authority is available to require any measures necessary to assure safe storage cf the spent fuel until a repository is aveilable.

In cddition, the Commissicn has concluded that ever, if storage of spent fuel were necessary f or at least 30 years beyond the licensed life of reacters, which in the case cf a reactor whose operating license is renewed for 30 years would mean for a period of at least 100 years, such storage is feasible, safe and would not result in a significant impact on the environment.

The Comission's conclusions with respect to safety and environmental impacts of extended storage are supported by NRC's. Environmental Assessment (EA) for the 10 CFR Part 72 rulemaking " Licensing Requirements for the Independent l

Storage of Spent Nuclear Fuel and High-Level Radioactive' Waste" (53 FR 31651, August 19,1988). Ongoing licensing and operational experience as well as L.

studies of extended pool storage continue to demonstrate that such storage is a I

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9 can be stored safely and without significant environmental 30 years beyond the licensed life for cperation of any reactor The licensed life for operation of a reactor ncy include the term of a revised ewed itcense.

The environmental-analysis en which the revised generi is based can be found in the' revision and supplement to the findings published elsewhere in this issue.

This final rulenaking action formally incorporatint the revised generic determination in the s on's regulationt does not have separate independent cnvironmental im The supplemental assesstent and revisions to the L!aste Confide cvailable 1or inspec. tion at the NRC Public Docunent Room, 21 i

, Nil, (Lower Level), Washington, DC.

Paperwork Reduction Act Statement This final rule coes not contain a new or amended infer ecliection recuirement subject to the Paperwork Reduction Act of 1980 (44 U S C..

3501 et seq.).

Existing requirements were approved by the Office of Man Budget approval number 3150-0021..

it:clatory Fleubility Certification As required by the Regulatory Flexibility Act of-1980

, 5 U.S.C. 605(b), the Comission certifies that this rule will not have a significant eco nomic impact on a substantial number of small entities.

The rule describes a revised basis for continuing in effect the current provisions of ~10 C which

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J0 11 List of Subjects in 10 CFR Part 51 i

Administrationpracticeandprocecure,Environmentalimpactstatenent,Nucleaf materials, Nucitar power plants and reactors, Reporting end recordkeeping requirements.

for the reasons set out in the preamble and under the authority of the Atomic-i Energy Act of 1954, as amencec, the Enercy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the fo11cwir.g ' amendment to 10 CFR Part 51.

PART 51 -- ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AN RELATED REGULATORY FUNCTIONS i

1, The authority citation for part 51 continues to read as follows:

Authority: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs. 201, as amended, 202, 88 Stat.12'4?, es amended, 1244 (42 U.S.C. 5841, 5842).

Subpart A also issued under National Environmental Policy Act of 1969, secs. -102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604. Title II, 92 Stat. 3033-3041. Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec.148, Pub. L.100-203,101 Stat.1330-223'(42 U.S.C.

10155, 10161, 10168). Section 51.22 also issued under s'ec. 274, 73 Stat. 6B8, as amended by 92 Stat. 3036-3038 (42 U.'S.C. 2021) and under Nuclear Waste J

I 13 licenst.d life for operation of any reactor to dispose of th e-commercial high-level Weste and spent fuel originating in such react thct time.

or and generated up to Dated at Rocky,11e, poryland this ff gay of 990.

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