ML20059H261
| ML20059H261 | |
| Person / Time | |
|---|---|
| Issue date: | 09/01/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-58FR47222, RULE-PRM-72-1 NUDOCS 9311100029 | |
| Download: ML20059H261 (7) | |
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^PC NUCLEAR REGULATORY COMMISSION 33 Srp ; p6 C8 l
10 CFR PART 72
[ Docket No. PRM-72-1]
Maryland Safe Energy Coalition; Receipt of Petition for Rulemaking l
AGENCY:
Nuclear Regulatory Commission.
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ACTION:
Petition for rulemaking; Notice of receipt.
SUMMARY
The Nuclear Regulatory Commission (NRC) is publishing for public co= ment a notice of receipt of a petition for rulemaking dated June 23, 1993, which was filed with the Commission by Maryland Safe Energy Coalition.
The petition was docketed by the NRC on June 30, 1993, and has been assigned Docket No. PRM-72-1.
The petitioner requests that the NRC amend its regulations regarding generic issues related to dry cask storage.
//l9.9 k b DATE:
Submit comments by (75 days after publication in the Federal Register).
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.
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ADDRESSES:
Submit written comments to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 1
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20555, Attention: Docketing and Service Branch.
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Deliver comments to 11555 Rockville Pike, Rockville, j
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Maryland, between 7:45 am and 4:15 pm on Federal workdays.
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l For a copy of the petition, write the Rules Review and j
Directives Branch, Division of Freedom of Information and t
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Publications Services, Of fice of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
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The petition and copies of comments received may be inspected and copied for a fee at the NRC Public Document Room, 2120 L Street, NW. (Lower Level), Washington, DC.
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f FOR FURTHER INFORMATION CONTACT:
Michael T.
Lesar, Chief, Rules l
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Review Section, Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of l
Administration, U.S. Nuclear Regulatory Commission, Washington, l
l DC 20555, Telephone:
301-492-7758 or Toll-Free:
800-368-5642.
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SUPPLEMENTARY INFORMATION:
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Background
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The Nuclear Regulatory Commission's regulations contained in i
i 10 CFR Part 72 provide licensing requirements for the independent j
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storage of spent nuclear fuel and high-level radioactive waste.
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In particular, subpart K to Part 72 provides a general license 1
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for storage of spent fuel to nuclear power reactor licensees, and 4
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subpart L sets forth procedures and criteria for approval of i
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storage casks for the storage of spent fuel under the general l
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license provided in subpart K.
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I The Petitioner i
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On June 30, 1993, the Maryland Safe Energy Coalition filed a l
request for action under 10 CFR 2.802 with the Nuclear Regulatory l
i Comnission (NRC).
The petitioner is an environmental censumer organization that is interested in the minimization and safe storage of nuclear waste, including spent fuel at nuclear power i
plants in general and at the Calvert Cliffs Nuclear Power Plant l
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in particular.
The petitioner represents the interests of more 1
than a hundred signers, most of whom reside in the vicinity of l
the Calvert Cliffs plant.
The petitioner also supports the 1
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efforts of similar organizations in several states where dry cask j
storage of spent fuel is an issue.
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Reasons for the Petition i
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According to the petitioner, the purpose of the petition is i
j to change the rules regarding dry cask storage of spent fuel at nuclear power plant sites.
The petitioner is particularly concerned about spent fuel storage at the Calvert Cliffs Nuclear i
Power Plant, which is operated by Baltinore Gas and Electric Conpany (BG&E).
(The petitioner believes that even though the i
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spent fuel at the Calvert Cliffs plant is stored under a specific Part 72 license, many of the generic requirements proposed by the petitioner would be the same or similar to the specific requirements applicable to independent spent fuel storage at Calvert Cliffs).
Discussion The petitioner recommends that 10 CFR 72.22 (e) (2) be amended to require an application for a license to store spent fuel to specify the planned life of the independent spent fuel storage installation (ISFSI).
The petitioner asserts that if the storage of spent fuel is temporary, it follows that the planned life has a definite duration.
The petitioner further states that i
licensees should be required to state the length of time that l
each storage canister and/or cask will be used.
The petitioner also believes that, in the absence of a stated lifetime, it i
i should not be assumed that the storage is temporary.
The petitioner indicates that any storage which might become either per=anent or indefinite would require additional regulatory control.
The petitioner suggests a change to 572.22 (e) (3) because the i
petitioner believes that the NRC should not assume that removal of nuclear waste, including spent fuel from a reactor site, is the safest policy.
The petitioner further states that the lack of a national waste repository or monitored retrievable storage installation (MRS) and the hazards of transporting high-level nuclear waste may make a prolonged or indefinite on-site storage 4
1 the only option or the safest policy.
The petitioner recommends a change to S72.42 to require a period of 90 days between the final safety evaluation report (SER) and the issuing of a license to allow potential petitioners time to intervene based on issues in the final SER.
The petitioner also requests a change to 572.44 (c) (3) (ii) that would require the dry storage casks to be monitored continuously at the exit cooling vents, since according to the petitioners, the exit vents are the most likely location of radioactive venting.
j The petitioners request that 572.46(d) be amended to prescribe a period for a notice of opportunity for a h2aring or l
f petition for leave to intervene until 90 days after the final SER is published.
In support of this suggested amendment, the i
petitioner states that "If a notice of opportunity for a hearing l
6 or intervention is limited to a short period after the license J
i application, interested parties may be prevented from obtaining a hearing based on the second or final SER.
Information in the latter safety reports may impact on the advisability of issuing a license.
The public should have the right and opportunity to comment of the final safety analysis report (SAR) and SER before a license is issued."
The petitioner suggests a change to S72.72(a) to require that licensees document the history and condition of all spent i
I fuel because defective fuel can cause problems for safe storage.
In 572.104(a), the petitioner believes that the radiation j
limit should be based on a dose to a maximally exposed individual at the perimeter of the controlled area and that the possibility 5
l of a pregnant person working and/or living at the perimeter should be a safety assunption for setting radiation limits.
According to the petitioner, recent studies have shown that women, children, and fetuses are especially sensitive to radiation damage.
The petitioner also states that the National Academy of Science's Committee on the Biological Effects of Ionizing Radiation cited a report in 1990 by Dr. Alice Steward that established a direct correlation of childhood cancers and leukemias with background levels of gamma radiation from natural and man-made sources in England, Wales, and Scotland.
The cumulative outdoor doses due to this source during fetal life varied between only 10 and 40 millirads, with an average of 22 millirads.
According to the petitioners, this study indicates that the standards set for exposure of adults to low-level radiation are too high for the developing fetus.
The Suggested Amendments i
The petitioner requests that the NRC amend 10 CFR Part 72 to l
i read as follows:
1.
In 572.22(e)(2), add "Specify the planned life of the ISFSI."
2.
In 572.22 (e) (3), change "after the removal of spent fuel and/or high-level radioactive vaste" to "if the spent fuel and/or 4
the high-level radioactive waste is removed."
3.
In 572.42, add a new paragraph (d) to read "No license t
will be issued before 90 days after the final safety evaluation l
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report (SER) is published."
4.
In 572.44(c)(3), add paragraph (v) to read " dry storage casks must be monitored continuously for radioactivity at the exit cooling vents."
5.
In 572.46(d), add "The time prescribed for a notice of opportunity for a hearing or petition for leave to intervene will i
extend from the notice of proposed action through 90 days after the final SER is published."
6.
In S72.72(a), add after the first sentence "The records must include the history and condition of all spent fuel assemblies including a description of any defective fuel, such as fuel that is cracked, swollen, blistered, pinholed, or offgassing."
7.
In 572.104(a) in place of "real" put " maximally exposed"; after " individual" add "or fetus"; change "25 mrem" to "5 mren"; change "75 mrem" to "15 mrem"; and change "25 mrem" to "5 mres".
The sentence will then read, "... dose equivalent to any maximally exposed individual or fetus who is located beyond the controlled area must not exceed 5 mrem to the wnole body, 15 t
I mren to the thyroid and 5 mrem to any other organ...."
this!f7 day of eglM w1993.
Dated at Rockville, Maryland, Fdr the Nuotear Regulatory Commission.
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TTCLw u
- muel J.
C 'lk,
Secretary of the Commission.
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