ML20153G395
| ML20153G395 | |
| Person / Time | |
|---|---|
| Issue date: | 08/12/1988 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-51FR19106, RULE-PR-150, RULE-PR-19, RULE-PR-2, RULE-PR-20, RULE-PR-21, RULE-PR-51, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 NUDOCS 8809080146 | |
| Download: ML20153G395 (148) | |
Text
[7590-01]
pnS DOCKET NUMBER TMED M0 POSED RULE [EiM]h
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'88 AUS 18 #t :00 NUCLEAR REGULATORY COMMISSION
.~ r e 10 CFR Parts 2, 19, 20, 21, 51, 70, 72, 73,075 and 150 Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY
The Nuclear Waste Policy Act of 1982, as amended (NWPA) requires that ranitored retrievable storage facilities (MRS) for spent nuclear fuel and high-level radioactive waste (HLW) be subject to licensing by the Nuclear Regulatory Commission (NRC).
The NRC is adding language to its regulations in 10 CFR Part 72 to provide for licensing the c',orage of spent nuclear fuel and HLW in an MRS.
The Commission intends to have the appropriate regulation to fulfill the requirements of the NWPA in place in a timely manner.
The rule would also clarify certain issues that have arisen since Part 72 was made effective on November 28, 1980 and incorporate other changes resulting from public comments received.
EFFECTIVE DATE:
[30 days following publication in the Federal Register).
ADDRESSES:
Copies of NUREG-0575, NUREG-1092, and NUREG-1140 may be purchased from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082, Washington,0C 20013-7082.
Copies are also i
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't available from the National Technicalfinformation Service, 5282 Port Royal Ro9d, Springfield, VA 22161.
A copy of each NUREG-is also available for 4
public inspection and/or copying at the NRC Public Document Room, 1717 H Street NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Keith G. Steyer or C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)492-3824 or 492-3834, respectively.
SUPPLEMENTARY INFORMATION:
On May 27, 1986, following Commission approval, the proposed revision to 10 CFR Part 72 relating to MRS licensing was published in the Federal Register (51 FR 19106) for comment.
The comment period expired on August 25, 1986.
The NRC received 195 comment letters from utilities, engineering ccm-l panies, State offices, environmental groups, private citizens, and a mem-ber of the U.S. House of Representatives.
The comment letters from pri-vate citizens numbered about 145.
(Some of these were signed by several individuals or were submitted on behalf of private business firms.) From the comment letters received, the staff identified 27 separate topics to
.which specific responses were directed.
Comments were also received which addressed the original rule, not the proposed amendment.
In response to the comments, several changes have been made to the proposed rule.
The majority of these changes are mainly clarifying in nature.
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In order to provide sufficient space to accommodate possible future amendments'to Part 72, the sections of the final rule have been renumbered.
To aid the reader in following the discussion of comments in the preamble of the final rule, each reference to a specific section of the final rule is followed by a bracketed reference to the paralles section of the pro-posed rule.
i A compilation of the issues raised as a result of public comment and the accompanying Commission response follow:
1.
Backfitting Comment:
Several commenters indicated that the proposed rule should in-corpo' rate the sense of the reactor backfitting rule ret out in 10 CFR 50.109.
4
Response
i Although these storage facilities are not like reactors but are, for the most part, static by nature with very little need for design changes, the staff has revised the backfitting requirements of 10 CFR 72.62 [S 72.42).
The change is being made to conform S 72.62
[$ 72.42) more closely to S 50.109 as modified by the court decision in Union of Concerned Scientists, et al.
- v. U.S. Nuclear Regulatory Commission, et al., Nos. 85-1757 and 86-1219, 824 F.2d 108 (U.S.C.A.0.C.
August 4, 1387).
2.
Opportunity for Hearing Prior to the first Receipt of Spent Fuel or High-Level Radioactive Waste (HLW).
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~g Comment:
A new proposed S 72.46(c) [S72.34(c)] was added to 10 CFR Part 72 specifically providing that the Commission may, upon its own initiative, issue a notice of opportunity for hearing prior to the first receipt of spent fuel or high-level radio-active waste at an MRS if it finds this to be in the public interest.
In the supplementary information in the May 27, 1986 Proposed Rule, the Commission' indicated its own considera-tions on this topic and expressed particular interest in receiving public comment on (1) the need to make a finding before MRS operation that construction conforms to the license application, (2) provisions for second stage hearing rights to address specific new issues which could not have been litigated i
at.the first stage and/or new information which has been t
revealed since issuance of the license, and (3) the format of the hearing, if held.
Of the comment letters that addressed these points, some expressed no preference, some favored the provisions, some thou'ght the provisions were unnecessary.
The principal reasons given by proponents of these provisions are that the public will have more confidence that the MRS will be operated safely and that there should be a clear opportunity to examine new issues which could be raised.
Other comments of proponents were that the Department of Energy has had poor public performance in the past, that the degree of hazard is similar to nuclear power reactors which require a two-stage process, i
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[7590-01) and that the opportunity for a second hearing could be an appro-priate time to examine technical / financial information.
Addi-tional comments suggested that the rule require a second manda-tory hearing and that funding be provided for nonprofit groups to participate in a second hearing.
On the topic of a finding it was suggested that (1) criteria be set forth for any finding the Commission may make, and (2) the NRC inspections should certify quality assurance and completeness of construction in an inspection report prior _ to initiation of operation.
One comment suggested that start-up of the MRS should be linked to the repository authorization as an issue at a second hearing.
The principal reasons given by those opposed to the new provi-sions for a second hearing were that (1) it would cause unneces-sary delay, (2) the Commission's regulations in 10 CFR Part 2 were sufficient to examine any new issues, (3) the NRC's normal systematic inspections are adequate to assure that construction was proper, (4) the nature of the MRS is such that all issues could be covered by the opportunity for public review prior to issuing a license and starting construction, and (5) the back-fitting provision ($ 72,62 (5 72.42]) provides additional assur-ance that significant issues may be raised by staff after the license is issued.
Other reasons offered in objection to the new provisions were that (6) there was no basic difference j
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between an MRS and an Independent Spent Fuel Storage Installa-tion.(ISFSI), (7) the small amount of solidified high-level waste which could be received could not justify any change in procedure from an ISFSI, and (8) the Safety Analysis Report (SAR) update procedure will assure that any new issue will be known and understood by NRC staff.
Response
The Commission specifically added the new provision and requested comments in order to obtain as complete an understanding as pos-s sible of whether or not any benefits would accrue to the public from such a procedure.
This was done with full knowledge that the Atomic Energy Act of 1954, as amended, only requires one hear-ingandthatundertheproceduresinIbCFRPart2theopportun-ity always exists for any member of the publi'c to bring any new i
issues to the Commission's attention.
In the comments received from the public there was no indica-tion that there were likely to be any new safety issues brought forward which could not have been fully addressed on the occa-sion of the hearing held prior to issuance of the license.
The i
licensing process of Part 72 supports one-stage licensing as it requires that all information needed for the licensing action be available and complete before a license is issued, i.e.,
final design, quality assurance / control procedures, operator training procedures, ope.'ating technical specifications, etc.
Unlike a reactor license where a construction permit is issued 6
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-4 prior to final design, an MRS application for license contains a final and complete design and therefore one-stage licensing is achievable.
As to conformance of construction with the l
application and license, the Commission believes that, unlike reactors, construction of Part 72 type facilities will be simple and straightforward.
Accordingly, in the Commission's judg-
}
ment, there will be no need, as part of the safety review prior to license issuance, to require an applicant to "prove" conform-ance of the as-built facility with the application.
NRC would audit construction progress and, in the event some problems were found, enforcement actior,could be taken to correct them and, if necessary, halt the receipt of spent fuel until they were corrected.
In this regard, S 72.82(c)(3) [S 72.56(c)(3)]
provides for establishing an NRC resident inspection program if warranted.
1 3.
Interaction with States Comeent:
Comments were received concerning providing of information to State and local governments and their interaction in the licensing process with DOE and the Commission.
Response
Under S 72.200 [S 72.310] of the proposed rule, the Governor and legislature of any State in which a monitored retrievable storage installation may be located and the governing body of any affected Indian tribe will be provided timely and complete 7
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information regarding determinations or plans made by the Commission with respect to siting, development, design, licens-ing, construction, operation, regulation or decommissioning of such monitored retrievable storage facility.
In response to the comment, the Commission will change S 72.200 ($ 72.310]
"Provision of MRS Information" to require that the above infor-mation will also be provided to each affected unit of local-government and to the Governors of any contiguous States.
The definition of "affected unit of local government" which has been added to S 72.3 tracks the definition used in the Nuclear Waste Policy Amendments Act of 1987.
(Sec. 5002, Pub. L. 100-203, 101 Stat. 1330-227 (42 U.S.C. 10101 (31)).) Participation by persons, including States, in license reviews is as provided for in 10 CFR Part 2 Subpart G.
i 4.
High Burn-Up fuel Comment:
In response to a 1980 petition for rulemaking, the Commission I
agreed (51 FR 23233, June 26, 1986) to prepare an environmental assessment on high burn-up fuel.
The Commission's response con-cerning impacts of high burn-up fuel should be provided.
)
Response
The Commission issued an environmental assessment addressing the subject of high burn-up fuel in February 1988 "Assessment a
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of the Use of Extended Burnup Fuel in Light Water Power Reac-tors" (NUREG/CR-5009).
The assessment concluded "Environmental-ly, this burnup increase would have no significant impact over normal burnup."
5.
Emergency Planning Comment:
As discussed in supplementary information to the proposed re-visions to 10 CFR Part 72 the rule was rewritten to set forth explicit requirements appropriate to an ISFSI or an MRS, rather than refer to Appendix E to 10 CFR Part 50, which is specific to nuclear power reactors.
Responders commented on this change.
Several thought that there should be a wider dissemination of the emergency plan which an applicant would have to prepare pur-suant to the rewritten S 72.32 [$ 72.19), as well as a comment period longer than the specified 60 days.
Another responder thought that 60 days was adequate.
Other comments were that (1) sabotage of casks and terrorism, sabotage and military attack scenarios should be considered in an emergency plan, (2) a fully developed and tested offsite emergency plan should be developed, (3) the new version of $ 72.32 [$ 72.19] implies f
a need for offsite protective actions which is incorrect, (4) the supplementary information which will accompany the issu-ance of the final rule should discuss worldwide experience and previous reviews and studies as support for the new emergency planning provisions, and (5) the emergency plan should continue to be the same as that for nuclear power reactors.
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Response
The basic concept of emergency planning in S 72c32 ($ 72.19]
has not been changed.
None of the respondents provided any additional information to the staff or questioned the staff analyses such as to change the basis for the staff's approach i
to emergency planning for an ISFSI or an MRS.
Moreover, in view of the relatively passive nature of facilities for the receipt, handling and storage of spent fuel and high-level radioactive waste, as compared to operating power reactors, emergency plans for ISFSI and MRS need not be equivalent to emergency plans for reactors.
Since the proposed revision of Part 72 was published for comment on May 27,1986, the NRC has published proposed amendments to 10 CFR Parts 30, 40, and 701 which would require certain NRC fuel cycle and othte radioactive materials licensees that engage in activities that may have the potential for a significant accidental release of NRC-licensed materials to establish and maintain approved emergency plans for responding to such accidents.
Althnugh applicable to persons licensed under different parts of the Commission's regulations, the proposed requirements for emergency plans in Parts 30, 40, and 7.0 contain substantially identical provisions because they are designed to protect the public against similar radiological hazards.
The proposed revision of Part 72 as published for 3Proposeo rule on Emergency Preparedness for Fuel Cycle and Other Radioactive Material Licensees, 52 FR 12921. April 20,1987.
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T comment also requires applicants for an ISFSI or MRS license v
to submit an emergency plan (see S '2.32 [S 72.19].),Although the texts'of proposed S 72.19 (redesignated S 72.32) and the' r:
" 1-provisions of the proposed Emergency Preparedness not identical, these provisions have the same purpose i
1 the same'appi.,ach.
In both cases, the proposed regula-
.equire onsite emergency planning with provisions for-offsite emergency response in terms of coordination an'd communication with offsite authorities and the public.
It is therefore appropriate that in both cases these requirements should be expressed in the same way.
t Until the Commission promulgates the Emergency Preparedness rule in final form, it is not possible to asce'rtain exactly
' the language that should be used.
In. view of these circumstances and since there is every expectation that this periodofuncertaintywillbeofrelativelyshortd4ation,we believe the prudent course of action is to reserve S 72.32
[S 72.19], Emergency plan, in the final rule with the understanding that the text of this section will be promulgated in final form as-a conforming amendment when the Commission adopts and promulgater the final Err Jency Preparedness rule or shortly thereafter.
We sv uld point out that the temporary absence from Part 72 of requirements respecting emergency plans does not present any difficulties f' rom a regulatory standpoint.
To date, only three licenses have been issued under Part 72.
Two licensees also hold 11 v
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s Part 50 licenses and are required to comply with the provisions respecting emergency plans set out in that Part.
The Part 72 license held by the third licensee'contains conditions relating to emergency planning with whie.h that licensee must comply.
Sabotage, terrorism, and military attacks are not treated as emergency preparedness issues.
The Commission's established practice with respect to dangers of enemy action is that the-protection of the United States against hostile enemy acts is a responsibility of the nation's defense establishment and the-various agencies having internal security functions.
Acts other than military are covered under a planning system included in Subpart H of Part 72, which cont' ins requirements respecting a
physical security and safeguards contingency plans that are specifically designed to preclude the occurrence of cuch acts.
The primary purpose of an emergency response plan is to pre-scribe measures to be taken to mitigate the effects of acci-dental releases of radioactivity, irrespective of their cause.
Thus, in the unlikely event that there should be an accidental release of radioactivity by reason of an act of terrorism or an act of sabotage, protective actions would be taken as gre-scribed in the emergency response plan, just as they would be taken in the case of accidental release arriving from other causes.
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6.
Department of Energy as Licensee for the MRS Comment:
Respondents commented on several aspects of the licensing of the Department of Energy for the MRS.
One commenter requested that in every instance.in which there would be a difference.in requirement between the Department and other licensees, that that difference should be specifically defined in Part 72.
- Other commenters pointed out that the funding for the MRS was from the Nuclear Waste Fund as stipulated in the NWPA and, therefore, the Department should be required, through Part 72, to show how these funds will be adequate for operation and decommissioning.
A further commenter qwstioned the Depart-ment's authority pursuant both to Part 72 and its own orders to delegate quality assurance program responsibilities to its contractor (s).
One commenter suggested that Part 72 should permit revocation or suspension of the Department's li::ense for the MRS since the NRC could not impose civil penalties for license violations.
Response
As discussed in the supplementary information to the proposed revisions to Part 72, the Department of Energy is exempted from certain financial reports, 7:reditor information and financial plans for decommissioning.
As pointed out in the~ comment above, funding for the MRS will be from the Nuclear Waste,e.id, I
separately accountable from public funds.
Consistent with the principle of full cost recovery in Section 302 of the NWPA 13
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'(96 Stat. 2257, 42 U.S.C. 10222) this fund'will provide all financial resources for the MRS, i.e., licensing, construction,.
operation and decommissioning.
Since DOE is a fede'ral agency and the status of the NWPA waste fund is reported to and reviewed by the Congress yearly, the Commission believes that Congress will assure that adequate funds are available and appropriated for 00F. to carry out its statutory responsibility.
Under these circumstances additional NRC oversight is unnecessary'and in-appropriate.
As to possible conflicts in the licensing and regulatory process between orders and procedures of the Department of Energy and NRC requirements, two government agencies, the commenter provided no specifics and the. Commission is not aware of any such conflict.
The Department will be provided the same latitude as any other licensee pursuant to S 72.142 [S 72.101] wherein it is stated that "the licensee may delegate to others, such as contractors, agents, or consultants, the work of establishing and executing the quality assurance program, but shall retain responsibility for the program."
The Energy Reorganization Act of 1974, as amended, and the
-Nuclear Waste Policy Act of 1982, as amended, provide that upon authorization by Congress an MRS shall be subject to licensing by the Commission.
Accordingly, no exemptions from the provi-sions of.S 72.60 [6 72.41], "Modification, revocation, and suspension of licenses" and S 72.84 [S 72.57], "Violation" are shown for the Department.
In the exercise of this broad 14
statutory authority and consistent with its customary practice-4 in' regulating other-Federal licensees, the Commission may impose penalties on the Department if there is sufficient justification.
The Commission knows of no other differences between the Department and other licensees for which a change in Part 72 is warranted.
(The commenters recommended no specific changes in this area.)
7.
Minimum Decay Period (Age) for Receipt of Spent Fuel Comment:
It was noted that there is a seeming discrepancy between the minimum decay period (age) of spent fuel as specified in S 72.2 (one year) and a reference to the environmental analysis in NUREG-1140, "A Regulatory Analysis on Emergency Preparedness for Fue' Cycle and Other Radioactive Material Licensees" (five-year decay assumed).
Response
The minimum one year decay period in S 72.2 is based on assur-ing the decay of radioisotopes having half-lives on the order of a few days or less.
In actuality, the decay periods are likely to be much longer than one year.
Accordingly, the NUREG -
1140 analyses were based on the more realistic, but still con-servative, assumption that five or more years of decay would have taken place for the spent fuel for which an accident in a dry cask was assumed.
This is not a discrepancy since different purposes are being served in each instance.
In choosing a 15 l
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1 nominal decay period of 10. years and a five year minimum deca'"
p period in the design parameters for the MRS the Department of Energy (00E) is merely exercising its own prerogative to use a longer decay criterion for purposes of fuel receipt.
Selection of a five year minimum decay period also reflects DOE's under-standing that the spent fuel to be received at the MRS will already have decayed for periods of time likely to be even much greater than five years at individua1' power reactor sites'.
The i
original analysis for Part 72 was based on one year decay.
8.
Physical Security Plan Comment:
A few commenters were concerned about the proposed change in the requirements of the physical security plan for the Depart-ment of Energy in that the Department must provide a certifica-tion that it will provide at the MRS "such safeguards as it requires at comparable surface 005 facilities to promote the common defense and security." The concerns were that this was an added requirement imposed only on the Department and that j
there was no definition of what a "comparable" 00E facility would consist of.
Response
For all licensees physical security plans are designed for two purposes:
(1) to protect against sabotage and (2) to promote the common defense and security.
The change in the requitecents of the physical security plan is intended to be consistent with 16
10 CFR Part 60, "Disposal of High-Level Radioactive Wastes in Geologic Repositories," wherein it is recognized.that the Department already carries these responsibilities for all of its facilities.
The Department in carrying out its responsibility to promote the common defense and security of all its facilities can best identify the surface 00E facilities to which the MRS is most comparable for purposes of physical security without the unnecessary burden of an NRC definition of "Comparable." Com-parability in this context is a function of the kinds and quantities of nuclear materials held at the facilities and the potential consequences of theft or sabotage. However, the NRC I
staff believes that the Receiving Basin for Off-Site Fuel at the Savannah River Plant may be an appropriately comparable facility.
9.
Continuous Cask Monitoring Provision Comment:
Several commenters pointed out that the wording of the provision in 6 72.122(h)(4) [6 72.92(h)(4)] for monitoring of storage con-i finement systems was inconsistent with Section 141(b)(1)(B) o,f the NWPA (96 Stat. 2242, 42 U.S.C. 10161(b)(1)(B)) wherein it is required that an MRS facility shall be designed to permit con-i tinuous monitoring.
Another commenter suggested that the State should participate in the monitoring.
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Response
.The difference in wording'between Section 141(b)(1)(B) of the NWPA (96 Stat. 2242, 42 U.S.C 10161(b)(1)(B)) and S 72.122(h)(4)
[S 72.92(h)(4)] was inadvertent.
The staff'has corrected the wording of S 72.122(h)(4) [S 72.92(h)(4)] : the final rule to agree with the NWPA..As.to State participation in monitoring, this is a matter to be resolved with the Department or as indicated in Response Number 3.
d 10.
Inspection and/or Monitoring Comment:
In S 72.44(c)(3) [S 72.33(c)(3)] the words "inspection and moni-toring" have been' changed to "inspection or monitoring."
Response
The proposed change serves no useful purpose.
The degree and i
l method of inspection and monitoring will be dependent upon design and operational limits for specific cases.
The words "inspection and monitoring" will be reinstated, i
11.
Foreign Fuel Comment:
One commenter expressed objection to the processing and storage of foreign spent fuel or HLW at the MRS and stated that it should be specifically prohibited.
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Response
The reference to foreign fuel in S 72.78 [6 72.54] of the pro-posed rule was limited to material transfer report requirements and was not intended either to restrict or to permit such pro-cessing or storage.
Section 302(a) of the NWPA (96 Stat. 2257, 42 U.S.C. 10222(a)) does specify only "high-level radioactive waste, or spent nuclear fuel of domestic origin" and therefore the reference to foreign fuel at an MRS will be removed.
12.
Tornado Missile Comment:
Commenters have disagreed with the deletion of the exemption regarding protection against tornado missile impact, tnat is, as expressed in the existing rule, "...Ao ISFSI need not be protected from tornado missiles...".
Another commenter who favors the deletion concerning protection from tornado missiles would also have the restriction limiting its scope to
"... structures, systems, and components important to safety" deleted.
Response
The explanation of the exemption for tornado missiles, set out in the preamble of the existing rule (45 FR 74693, November J2, 1980) states that radionuclide releases from spent fuel which has undergone at least a year of radioactive decay would not be significant in the event of tornado missile impact, citing an accident evaluation from NUREG-0575 "Generic Environmental 19
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R Impact Statement on Handling and Storcge of Spent Light Water Power Reactor Fuels" with gaseous radionuclide releases from water pool storage. With the continuing development of dry storage technologies, which include metal casks, concrete silos,.
dry wells, and air-cooled vaults, the Commission decided the designs should take into account tornado missile protection, unless it is shown that tornado missiles will not have any ef-fect on structures, systems and components important to safety.
While offsite gaseous release impacts from fuel rod rupture due to a tornado missile incident would remain insignificant, it is important to assure that design criteria for dry storage designs continue to address maintaining confinement of partic-ulate material. -All safety reviews for storage licensed under Part 72, both water pool and dry storage, have evaluated designs with respect to tornado missile impact.
Since safety considera-l tions drive the concern with respect to the tornado missile l
phenomenon, it is not necessary to expand that concern beyond "structures, systems, and components importar.t to safety."
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Use of Part 50 Criteria Comment:
To expedite the licensing process for facilities proposed on sites which currently possess a 10 CFR Part 50 license, it was proposed that*the applicable siting evaluation factors and general design criteria which have been reviewed and approved by the NRC for the Part 50 license be directly adopted for the 20 m
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Part 72 facility without additional review, hearings'or approvals.
Adequate reviews and approvals have been completed, and any change to those previously approved should be treated as a backfit.
Response
The storage of an increased amount of spent fuel on a reactor site, over that covered under an existing Part 50 license, requires staff action through safety and environmental reviews.
In taking this action to authorize additional. storage capacity -
for spent fuel, the staff will apply criteria from Part 50 or Part 72, depending on the type of licensing action being sought.
Licensing action for an ISFSI would use criteria contained in Part 72 and'Part 50 would be used for amending an existing re-actor license.
Storage of spent fuel on a reactor site outside o,f an existing reactor basin is already regulated under the criteria of Part 72 and these criteria have been used in review-ing applications for additional fuel storage at reactor sites.
14.
Cladding Comment:
Opposition is expressed to any lowering of fuel cladding pro-tection, as provided for in the existing S 72.122(h)(1)
[S 72.92(h)(1)].
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Response
The revision-of this provision (i.e., S 72.122(h)(1)
[6 72.92(h)(1)]) addressed confinement'of fuel material, which-is the purpose of protecting the fuel cladding. -The revised provision specifically provides for additional alternative
-means of accomplishing this objective.
This serves to enhance confinement protection capability rather than diminish it.
15.
Rod Consolidation Comment:
Comments were received concerning the Department of Energy's plan to consolidate rods from spent fuel assemblies into sealed packages.
One commenter suggested inserting the word "chemi-cally" after the word "separated" in the definition of spent nuclear fuel.
Another comment suggested that a separate environmental impact statement be prepared on rod consolidation.
It was suggested that the NRC give rod consolidation special consideration and that it is not clear at pres.:t what require-ments the NRC will use for rod consolidation.
Response
Rod consolidation is the most elaborate operation contemplated for the MRS.
The Department of Energy in its proposal and else-where has indicated its intention to fully develop the rod con-solidation process for installation and operation.
The rod consolidation system must meet all applicable portions of the I
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[759,0-01) general design criteria.
There is no precedent for the prepara-tion of an ' environmental impact statement in connection with.a single system of a facility for which a complete environmental impact statement'will be prepared.
The aspect of rod consolida-tion will be covered in that statement, as well as in the safety review and evaluation by the staff in connection with the appli-cation for an MRS.
The NRC does expect to be kept informed by the Department of its developmental activities prior ~to_ receipt of an application.
The insertion of the word "chemically" as suggested has been accepted by-the staff for the final rule.
16.
Accident Analysis For Two Barriers Comment:
A comment was received regarding engineered barriers such as canisters,
...the design basis accident scenario (i.e.,
release of gap activity from all fuel cont.ained in a dry cask) should be revised to account for cases in which canister or other engineered barriers are incorporated."
Response
Most cask designs do not incorporate canistering of spent fuel assemblies.
Therefore, for purposes of this rulemaking, choice of a lessar accident scenario assuming canistering is not appro-priate for a bounding analysis.
In a safety review involving a 23
,_s,
-specific design, which incorporates'an additional engineered barrier, the design basis accident scenario should, of_ course, consider this addition in the review analysis.
- 17. -Records Comment:
Comments were received concerning archiving of records; by whom and how long?
Response
The proposed rule is consistent with current NRC policy concern-ing retention periods for records'.
The specific details of their physical storage is action taken at time of licensing.
18.
Operator Safety Comment:
Comments were received concerning design for ALARA.
Response
The licensee is responsible for meeting the requirements of 10 CFR Part 20 "Standards for Protection Against Radiation,"
and all its provisions for maintaining ALARA.
In addition S 7.?.24 [S 72.15] Contents of Application:
Technical Informa-tion requires applicants for a license to supply information for maintaining ALARA for occupational exposure.
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19.
MRS collocation with Waste Repository Comment:
Commenter suggested expanding limitation for collocation'with repository to include' other' facilities.
Response
The collocation restrictions in S 72.96 [S 72.75] are specifically included in order to. comply with Sections 141(g) and 145(g) of the NWPA (96 Stat. 2243, 42 U.S.C. 10161(g); 101 Stat. 1330-235, 42 U.S.C. 10165(g).)
(See also Section 135(a)(2), 96 Stat. 2232, 42 U.S.C. 10155(a)(2).)
20.
MRS collocation with other nuclear facilities Comment:
Commenter was concerned about other nuclear facilities that are not licensed.
Response
i The licensing process considers all activities and facilities, i
licensed or unlicensed, that could increase the probability or consequences of safety significant events at licensed facilities.
l 21.
Definition of High-Level Radioactive Waste Comment:
Some commenters noted that the definition of "high-level radio-active waste" used in Part 72 was not the same as the definition used in 10 CFR Part 60 and expressed the view that the two definitions should be consistent.
25 l
a l
Response
Since it was first promulgated in. November 1980 for the purpose of establishing licensing requirements-for the' storage of spent fuel in an' independent spent-fuel storage installation, Part 72, unlike Part 60, has always contained.a separate' definition of spent fuel.
In revising Part 72 to provide for licensing the storage of spent fuel and high-level radioactive waste in an MRS, the Commission has revised the definition of spent fuel to conform more closely to the definition set out in Section 2(23) of the Nuclear Waste Policy Act of 1982, as amended (96 Stat.
2204, 42 U.S.C. 10101(23)).
The Commission has also amended S 72.3 by adding a defin,ition of "high-level radioactive waste" which conforms to the language used in Section 2(12) of that Act (42 U.S.C. 10101(12)).
The definitions of spent fuel and high-level radioactive waste used in Part 72, though not identi-cal to the definition of high-level radioactive waste used in 10 CFR Part 60 which encompasses "irradiated reactor fuel," are not inconsistent with that definition.
It should be noted, however, that as explained in the Commission's advance notice of proposed rulemaking relating to the definition of high-level radioactive waste (52 FR 5992, February 27, 1987), the defini-tion of high-level radioactive waste used in Part 60 serves a jurisdictional function, specifically identification of the class of Department of Energy facilities that, under Section 202 of the Energy Reorganizat.,n Act of 1974 (42 U.S.C. 5842) are 1
subject to the licensing and related regulatory authority of the Commission.
l 26 i
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(7590-01) o 22.
High Level Liquid Waste Comment Several commenters were concerned about the storage of liquid High-Level Waste (HLW).
Response
The MRS will be designed and licensed for the storage'of irradi-ated fuel and solidified waste from the processing of fuel.
The MRS will not receive liquid HLW and the form of the solid waste stored will be that which is compatible with the require-ments for permanent disposal in a repository.
Any liquid wastes generated at the MRS will be handled in accord-ance with existing regulations.
23.
Quality Assurance - Quality Control C9mment:
Comments were associated with the apparent difference between the quality assurance criteria proposed and the previous qual-ity assurance criteria.
Response
The proposed rule quality assurance subpart was written to incorporate the previously referenced 10 CFR Part 50 Appendix B quality assurance criteria specifically into.Part 72.
There was no intent to change the criteria.
Minor conforming changes
'have been made in the final rule, t
l 27 l
24.
Criticality Comment:
A comment was received concerning the removal of the requirement for verifying continued efficacy of solid neutron poisons.
Response
Several changes have been made to the criticality.section of the final rule to make it correspond to other Parts of the Commission's regulations and standard criticality review practices.
Verification of solid neutron poisons has been retained.
Double contingency criteria and requirements for criticality monitors have been added.
It is not the intent of the revision concerning criticality monitors to require moni-tors in the open areas where loaded casks are positioned for storage as that system is static.
Monitors are required where the systems are dynamic.
25.
MRS Storage Capacity Comment:
Commenters questioned the MRS storage capacity as stated in the proposed rule in SS 72.1 and 72.96 [SS 72.1 and 72.75].
Response
In the proposed rule, MRS storage capacity values are based on the NWPA, as approved by Congress.
(See Section 135(a)(1)(A),
96 Stat. 2232, 42 U.S.C. 10155(a)(1)(A) and Section 114(d),
96 Stat. 2215 as amended by 101 Stat. 1330-230, 42 U.S.C. 10134(d) 28 9
[7590-01].
and Section 141(g), 96 Stat.~ 2243,-42 U.S.C. 10161(g).)' In addition, the Nuclear Waste Policy Amendments Act of.1987 pro-vides that the MRS authorized by Section 142(b) of NWPA (101-Stat. 1330-232, 42 U.S.C. 10162(b)) shall be subject to the storage capacity limits specified in Section 148(d)(3) and (4)
(101 Stat. 1330-236, 42 U.S.C. 10168(d)(3) and (4)).
These requirements have been incorporated in new S 72.44(g) which has been added to the final rule.
26.
The Term "Temporary Storage" Comment:
Comments objected to the removal of the term "Temporary Storage" from S 72.3 Definitions and the removal of the word "temporary" from S 72.2 Scope.
Response
7 In making these changes, the Commission does not intend to change the scope of Part 72 which relates to the licensing of ISFSI and MRS for the purpose of storage only.
Part 72 does r.ot nor is it intended to cover permanent disposal.
Accordingly, use of the word "temporary" in the rule is non-definitive and unnecessary.
L 27.
MRS Rule Making Comment:
Many commenters (approximately 150), through the use of form i
i letters or paraphrasing, did not want the MRS in Tennessee, did not support any form of rulemaking until Congress had authorized 29 e
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(7590-01]
the MRS through funding appropriation, and made reference to "license it twice."-
Response
The Nuclear Waste Policy Amendments Act of 1987 authorizes the Department of Energy to site, construct and operate one MRS and prescribes procedures for the selection of an appropriate site.
The Act expressly annuls and revokes the Department's proposal "to locate a monitored retrievable storage facility at a site on the Clinch River in the Roane County portion of Oak Ridge, Tennessee, with alternative sites on the Oak Ridge Reservation of the Department of Energy and on the former site of a proposed nuclear powerplant in Hartsville, Tennessee..."
(Section 142(a), 101 Stat. 1330-232, 42 U.S.C 10162(a)).
The Commission's regulations are promulgated to permit the Commission to carry out its mandate of providing for the health and safety of the public.
Except for the siting limitations in S 72.96 (S 72.75] of the final rule, which, among other things, prohibits an MRS authorized by Section 142(b) of NWPA (101 Stat. 1330-232, 42 U.S.C 10162(b)) from being constructed in Nevada, the Commis-sion's regulations are silent on the location of an MRS.
The "license it twice" concept is addressed in Response Number 2.
28.
Increase of Licensing Period for the MRS Comment:
Comments questioned the Commission's basis, as described in the statement of considerations for the proposed changes to Part 72, for providing a longer license term for an MRS (40 years) than 30 -
4
[7590-01]
for an ISFSI (20 years).
Comments also included (1) the tarm should start with the receipt of spent fuel, and (2) ISFSI should also have a 40 year license term.
Further explanation of the basis for the license term.was also requested..All of the commenters seemed to concentrate on a license for the spent fuel rather than a license covering a facility for storage.
Response
An MRS as described in the NWPA is intended for storage, but not necessarily for the same fuel since fuel will continually be moved in and out over the life of the facility in concert with operation of a repository.
A longer license term is there-fore appropriate for an MRS considering the purpose and mode of operat. ion of the facility.
In contrast to the MRS, the spent fuel stored in an ISFSI at reactor sites or elsewhere will be collected until the Depart-ment of Energy waste disposal system is ready for its receipt.
The current schedule indicates that this transfer from reactor sites to an MRS could begin to occur within about 10 years.
The Commission has in place a license renewal process for ISFSI stor-age which provides an opportunity for extension of the 20 year license term, with staff reevaluation of safety and environ.
mental aspects of the operation.
In any event the systematic inspection program of the Commission wherein the licensee's adherence to all license conditions and technical specifications 31
.~y_,-,-
~-
~ - - - - - - - - -
is continually being examined applies to both MRS and ZSFSI stor.
age over the entire period of a license.
The Commission will provide a 40 year license term for an MRS in the final rule.
On December 22, 1987, the Nuclear Waste Policy Amenuinents Act of 1987 (Subtitle A 'of Title V of the Omnibus Budget Reconciliation Act for Fiscal Year 1988; Public Law 100-203, 101 Stat. 1330-227) was approved by the President and became public law.
The 1987 amendments authorized the Secretary of the Department of Energy to site, construct and operate one monitored retrievable storage facility subject to certain statutory con-ditions (sec. 142(b), 101 Stat. 1330-232, 42 U.S.C 10162(b)).
As a result of these changes in the statute, it has been necessary to make certain conforming changes in the text of the final rule.
Most of the changes are minor in nature.
For example, references have been added to the authority section and conforming changes have been made in the following sections of the rule:
SS 72.22(d)(5), 72.40(b), 72.90(e) and 72.96(d)
[SS 72.14(d)(5), 72.31(b), 72.70(e) and 72.75(d)].
A new paragraph (g) has been added to S 72.44 ($ 72.33], License conditions, to incorporate into the Commission's regulations the specific statutory conditions (see sec. 148(d) of the NWPA, 101 Stat. 1330-236, 42 U.S.C. 10168(d)) which must be included in a Commission license for the monitored retrievable storag'e installation authorized pursuant to section 142(b) of the NWPA (101 Stat. 1330-232, 42 U.S.C. 10162(b)).
For an explanation of these conditions, see 133 Cong. Rec. H11973-75 and 518683-84 (daily ed.
December 21, 1987).
Having considered all of the above, the Commission has determined that a final rule be promulgated.
The text of the final rule has some changes as noted from the proposed rule.
32 4
[7590-01]
Finding of No Significant Environmental Impact The Commission has determined not to prepare an environmental impact statement for the proposed amendments to 10 CFR Part 72, "Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste."
NUREG-0575, "Final Generic Environmental Impact Statement on Handling and Storage of Spent Light Water Power Reactor Fuel," August 1979, was issued in support of the final rule promulgating 10 CFR Part 72. "Licens-ing Requirements for the Storage of Spent Fuel in an Independent Spent Fuel Storage Installation ISFSI)," which became effective November 28, 1980.
On January 7,1983 the Nuclear Waste Policy Act of 1982 was signed i 'o law.
On December 22, 1987, the Act was amended by the Nuclear Waste
?olicy Amendments Act of 1987 (Public Law 100-g03, Title V, Subtitle A, 101 Stat. 1330-227).
Section 142(b) of the amended Act (101 Stat. 1330-232, 42 U.S.C. 10162(b)) authorized the Secretary of the Department of Energy to site, construct and operate one MRS.
NWPA also established procedures which a State or an Indian tribe may use to negotiate an agreement with the Federal Government under which the State or Indian tribe would agree to host an MRS within the State or reservation.
Following enactment of legislation to implement the negotiated agreement, the Secretary of the Department of Energy could proceed to evaluate appropriate sites.
As in the case of the MRS authorized by Section 142(b) of NWPA, (101 Stat. 1330-232, 42 U.S.C 10162(b)), DOE must also obtain an NRC license for an MRS authorized by Congress pursuant to a negotiated agreement.
The NRC staff has concluded that although existing 10 CFR Part 72 is generally applic-able to the design, construction, operation, and decommissioning of MRS, additions are necessary to explicitly cover the licensing of spent nuclear fuel and high-level radioactive waste stcrage in an MRS.
In 33 G
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[7590-01]
August 1984, the NRC published an environmental assessment for this proposed revision of Part 72, NUREG-1092, Environmental Assessment for 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Fuel and High-Level Radioactive Waste." NUREG-1092 discusses the major issues of the rule and the potential impact on the environment.
The findings of the environmental assessment are "(1) past experience with water pool storage of spent fuel establishes the technology for long-term storage of spent fuel without affecting the health and safety of the public, (2) the proposed r'ulemaking to include the criteria of 10 CFR Part 72 for storing spent nuclear fuel and high-level radioactive waste does not significantly affect the environment, (3) solid high-level waste is comparable to spent fuel in its heat generation and in its radio-active material content on a per metric ton basis, and (4) knowledge of material degradation mechanisms under dry storage conditions and the ability to institute repairs in a reasonable manner without endangering the health [and safety] of the public shows dry storage technology options do not significantly impact the environment." The assessment concludes that, among other things, there are no si ficant environmental impacts i
as a result of promulgation of these revisions of 10 CFR Part 72.
Based on the above assessment the Commission concludes that the rulemaking action will not have a significant incremental envifonmental impact on the quality of the human environment.
e Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
These requirements were approved by the Office of Management and Budget approval number 3150-0132.
34
_m_..
.,y
Regulatory Analysis The NRC has prepared a regulatory analysis on this final rule..The analysis examines the benefits and alternatives considered by the'NRC.
The analysis is available for inspection in the NRC Public Document Room, 1717 H Street NW, Washington, DC.
Single copies of the analysis may be obtained from C. W. Nilsen, Office of Nuclear Regulatory Research, U.S.
Nuclear Regulatory Commission, Washington, DC 20555 (301-492-3834).
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980, (5 U.S.C 605(b)), the Commission certifies that this rule will not-have a signif-icant economic impact on a substantial number of small entities.
This final rule affects only the licensing and operation of independent spent fuel storage installations and of monitored retrievable storage installa-tions.
The owners of these installations, nuclear power plant' utilities or 00E, do not fall within the scope of the definition of "small entities" set forth in section 601(3) of the Rr.gulatory Flexibility Act or witnin the definition of "small business" in section 3 of the Small Business Act, 15 U.S.C. 632, or within the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
List of Subjects in 10 CFR Parts 2, 19, 20, 21. 51, 70, 72, 73, 75, and 150 Part 2 - Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nucle w mate-rials, Nuclear power plants and reactors, Penalty, Sex discrimination, 1
Source material, Special nuclear material, Waste treatment and disposal.
i e
35
I(7590-01]
Part 19 - Environmental protection, Nuclear materials, Nuclear power -
plants and reactors,-Occupationalcsafety and health, Penalty, Radiation protection,-_ Reporting and recordkeeping requirements', Sex discrimination!
Part 20 - Byproduct material, Licensed material, Nuclear materials ~,
Nuclear power plants and reactors, 0ccupational safety and health, Packag -
ing and containers, Penalty, Radiation protection, Reporting and record-keeping requirements, Special nuclear material, Source material,~ Waste treatment and disposal.
Part 21 - Nuclear power plants and reactors,.P,enalty, Radiation.
protection, Reporting and recordkeeping requirements.
Part 51 - Administrative practice and procedure, Environmental impact statement, Nuclear. materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.
Part 70 - Hazardous materials - transportation, Material control and accounting, Nuclear materials, Packaging and containers,' Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
Part 72 - Manpower training programs, Nuclear materials, Occupa-tional safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
]
Part 73 - Hazardous materials - transportation Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and recordkeeping requirements, Security measures.
Part 75 - Intergovernmental relations, Nuclear materials, Nuclear-power plants and reactors, Penalty, Reporting and recordkeeping require-ments, Security measures.
Part 150 - Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Penalty, Reporting and recordkeeping 36 e
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requirements, Security ceasures, Source miterial, Special nuclear material.
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, 5 U.S.C. 552 and 553, and the Nuclear Waste Policy Act of 1982, as amended, the NRC is adopting the following revision to 10 CFR Part 72 and related conforming amendments to 10 CFR Parts 2, 19, 20, 21, 51, 70, 73, 75, and 150.
1.
10 CFR Part 72 is revised to read as follows:
PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Subpart A--General Provisions Sec.
72.1 Purpose.
72.2 Scope.
72.3 Definitions.
72.4 Communications.
72.5 Interpretations.
72.6 License required; types of licenses.
72.7 Specific exemptions.
72.8 Denial of licensing by Agreement States.
72.9 Information collection requirements:
OMB approval.
72.10 Employee protection.
72.11 Completeness and accuracy of information.
I a
37
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[7590-alt O
Subpart B--License Application, Form, and Contents 72.16 Filing of application for specific license.
72.18 Elimination of repetition.
72.20 Public inspection of application.
72.22-Contents of application:
General and financial information.
72.24 Contents of application:
Technical information.
72.26 Contents of application:
Technical specifications.
72.28-Contents of application:
Applicant's technical qualifications.
i 72.30 Decommissioning planning, including financing and recordkeeping.
72.32 Emergency p1an.
72.34 Environmental report.
Subpart C--Issuance and Conditions of License 72.40 Issuance of license.
72.42 Duration of license; renewal.
72.44 License conditions.
72.46 Public hearings.
72.48 Changes, tests, and experiments.
72.50 Transfer of license.
72.52 Creditor regulations.
72.54 Application for termination of license.
72.56 Application for amendment of license.
72.58 Issuance of amendment.
72.60 Modification, revocation, and suspension of license.
72.62 Backfitting.
Subpart 0--Records, Reports,* Inspections, and Enforcement 72.70 Safety. analysis report updating.
I i
38 i
72.72 Material balance, inventory, and records requirements-for stored materials.
72.74 Reports of accidental criticality or loss of special nuclear material.
72.76 Material status Nports.
72.79 Nuclear material tran:fer reports.
72.80 Other records and reports.
72.82 Inspections and tests.
72.84 Violations.
Subpart E--Siting Evaluation Factors 72.90 General considerations, 72.92 Design basis external natural events.
72.94 Design basis external man-induced events.
72.96 Siting limitations.
72.98 Identifying regions around an ISFSI or MRS site.
72.100 Defining potential effects of the ISFSI or MRS on the region.
72.102 Geological and seismological characteristics.
72.104 Criteria for radicactive materials in effluents and direct l
radiation from an ISFSI or MRS.
72.106 Controlled area of an ISFSI or MRS.
72.108 Spent fuel or high-level radioactive waste transportation.
Subpart F--General Design Criteria 72.120 General considerations.
72.122 Overall requirements.
72.124 Criteria for nuclear criticality safety.
72.126 Criteria for radiological protection.
39 l
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[7590-01]
72.128 Criteria for spent fuel, high-level radioactive waste, 'and other radioactive waste storage and handling.
72.130 Criteria for decommissioning.
Subpart G--Quality Assurance 72.140 Quality assurance requirements.
72.142 Quality assurance organization.
72.144 Quality assurance program.
72.146 Design control.
72.148 Procurement document control.
72.150 Instructions, procedures, and drawings.
72.152 Cocument centrol.
72.154 Centrol of purchased material, equipment, and services.
72.156 Identification and control of materials,. parts, and components.
72.158 Control of special processes.
72.160 Licensee inspection.
72.162 Test control.
72.164 Control of measuring and test equipment.
72.166 Handling, storage, and shipping control.
72.168 Inspection, test, and operating status.
72.170 Nonconforming materials, parts, or ccmponents.
72.172 Corrective action.
72.174 Quality assurance records.
72.176 Audits.
Su'opart H--Physical Protection 72.180 Physical security plan.
72.182 Design for physical protection.
40
72.184 Safeguards contingency plan.
72.186 Changes to physical security and safeguards contingency plans.
Subpart I--Training and Certification of Personnel 72.190 Operator requirements.
72.192 Operator training and certification program.
72.194 Physical requirements.
Subpart J--Provision of MRS Information to State Governments and Indian Tribes 72.200 Provision of HRS information.
72.202 Participation in license reviews.
72.204 Notice to States.
~
72.206 Representation.
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),
I Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
41 t
[7590-01) 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 V'.S.C. 10165(g)).
Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); SS 72.6, 72.22, 72.24, 72.26, 72.28(d), 72.30, 72.32, 72.44(a),
(b)(1), (4), (5), (c), (d)(1), (2), (e), (f), 72.48(a), 72.50(a),
72.52(b), 72.72(b), (c). 72.74(a), (b), 72.76, 72.78, 72.104, 72.106, 72.120, 72.122, 72.124, 72.126, 72.128, 72.130, 72.140(b), (c), 72.148, 72.154, 72.156, 72.160, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.184, 72.186 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); SS 72.10(a), (e), 72.22, 72.24, 72.26, 72.28, 72.30, 72.32, 72.44(a),(b)(1), (4), (5), (c), (d)(1),(2),(e), (f), 72.48(a),
72.50(a),72.52(b),72.90(a)-(d),(f),72.92,72.94,72.98,72.100, 72.102(c), (d), (f), 72.104, 72.106, 72.120, 72.122, 72.124, 72.126, 72.128, 72.130, 72.140(b), (c), 72.142, 72.144, 72.146, 72.148, 72.150, 72.152, 72.154, 72.156, 72.158, 72.160, 72.162, 72.164, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.182, 72.184, 72.186, 72.190, 72.192, 72.194 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C.
2201(1)); and SS 72.10(e), 72.11, 72.16, 72.22, 72.24, 72.26, 72.28, 72.30, 72.32, 72.44(b)(3), (c)(5), (d)(3), (e), (f), 72.48(b), (c), 72.50(b),
72.54(a), (b), (c), 72.56, 72.70, 72.72,'72.74(a), (b), 72.76(a), 72.78(a),
72.80, 72.82, 72.92(b), 72.94(b), 72.140(b), (c), (d), 72.144(a), 72.146, 72.148, 72.150, 72.152, 72.154(a), (b), 72.156, 72.160, 7?.162, 72.168, 72.170, 72.172, 72.174, 72.176, 72.180, 72.184, 72.186, 72.192 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
42
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Subpart A--General Provisions S 72.1 Purpose.
The regulations in this part establish requirements, procedures, and criteria for the issuance of licenses to receive, transfer, and possess power reactor spent fuel and other radioactive materials associated with spent fuel storage in an independent spent fuel storage. installation (ISFSI) and the terms and conditions under which the Commission will issue such licenses, including licenses to the U.S. Department of Energy (00E) for the provision of not more than 1900 metric tons of spent fuel storage capacity at facilities not owned by the Federal Government on January 7, 1983 for the Federal interim storage program under Sub-title B - Interim Storage Program of the Nuclear Waste Policy Act of 1982 (NWPA).
The regulations in this part also establish requirements, croce-dures, and criteria for the issuance of licenses to DOE to receive,.
trahsfer, package, and pos'sess power reactor spent fuel, high-level radioactive waste, and other radioactive materials associated with the spent fuel and high-level radioactive waste storage, in a monitored retrievable storage installation (MRS).
S 72.2 Scope.
(a) Except as provided in S 72.6(b), licenses issued under this part are limited to the receipt, transfer, packaging, and possession of j
(1) power reactor spent fuel to be stored in a complex that is designed
']
and constructed specifically for storage of power reactor spent fuel aged for at least.one year, and other radioactive materials associated with spent fuel storage in an independent spent fuel storage installation 43 I
I
~~
(ISFSI); or (2) power reactor spent fuel to be stored in a tonitored retrievable storage installation (MRS) owned by DOE that is. designed and constructed specifically for the storage of spent fuel aged for at least one year, high-level radioactive waste that is in a solid form, and other radioactive materials associated _with spent fuel or high-level radioac-tive waste storage.
The term "Monitored Retrievable Storage'Installa-tion" or "MRS", as defined S 72.3, is derived from the NWPA and includes any installation that meets this definition.
(b) The regulations in this part pertaining to an independent spent fuel storage installation (ISFSI) apply to all persons in the United States, including persons in Agreement States.
The regulations in this part pertaining to a monitored retrievable storage installation-(MRS) apply only to 00E.
(c) The requirements of this regulation are applicable, as appro-priate, to both' wet and dry modes of storage of (1) spent fuel in an independent 5;snt fuel storage installation (ISFSI) and (2) spent fuel and solid high-level radioactive waste in a monitored retrievable storage installation (MRS).
(d) Licer.ses covering the storage of spent fuel in an existing spent fuel storage installation shall be issued in accordance with the requirements of this part as stated in S 72.40, as applicable.
(e) As provided in section 135 of the Nuclear Waste Pr,licy Act of 1982, Pub. L.97-425, 96 Stat. 2201 at 2232 (42 U.S.C,10155) the U.S. '
Department of Energy is not required to obtain a license under the regu-lations in this part to use availaole capacity at one or more facilities owned by the Federal Government on January 7, 1983, including the modifi-cation and expansion of any such facilities, for the storage of spent nuclear fuel from civilian nuclear power reactors.
44
[7590-01)
S 72.3 Definitions.
As used in this part:
"Act" means the Atomic Energy Act of 1954 (68 Stat. 319) including any amendments thereto.
"Affected Indian tribe" means any Indian tribe--(1) within whose reservation boundaries a monitored retrievable storage facility is proposed to be located; (2) whose federally defined possessory or usage rights to other lands outside of the reservation's boundaries arising out of congressionally ratified treaties may be substantially-and adversely affected by the locating of such a facility:
Provided, That the Secretary of the Interior finds, upon the petition of the appro-priate governmental officials of the tribe, that such effects are both
- tubstantial and adverse to the tribe.
"Affected unit of local government" means any unit of local.
government with jurisdiction over the site where an MRS 15 proposed to be located.
"As low as is reasonably achievable" (ALARA) means as low as is i
reasonably achievable taking into account the state of technology, and i
the economics of improvements in relation to (3) benefits to the public health and safety, (2) other societal and socioeconomic considerations, l
and (3) the utilization of atomic energy in the public interest.
"Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.
"Byproduct material" w.'ni any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
45
[7590-01)
"Commencement of construction" means any clearing of land, excava-tion, or other substantial action that would adversely affect the natural environment of a site, but does not mean:
. (1) Changes desirable for the temporary use of the land for public recreational uses, necessary borings or excavations to determine subsur-face materials and foundation conditions, or other preconstruction monitoring to establish background information related to the suitability of the site or to the protectioa of environmental valuos; (2) Construction of environmental monitoring facilities; s3) Procurement or manufacture of components of the installation; or (4) Construction of means of access to the site as may be necessary to accomplish the objectives of paragraphs (1) and (2) of this definition.
"Commission" means the Nuclear Regulatory Commission or its duly authorized representatives.
"Confinement systems" means those systems, including ventilation, that act as barriers between areas containing radioactive substances and the environment'.
"Controlled area" means th..c area immediately surrounding an ISFSI or MRS for which the licenset exercises authority over its use and within which ISFSI or MRS operation are performed.
"Decommission" means to remove (as a facility) safely from service and reduce residual radioactivity to a level that permits release of the property for unrestricted use and termination of license.
"Design bases" means that information that identifies the specific fur.ctions to be performed by a structure, system, or component of a
<s
(7590-01]
facility and the specific values or ranges of values chosen for control-ling parameters as reference hounds for design.
These values may be restraints derived from generally accepted "state-of-the-art" practices for achieving functional goals or requirements derived from analysis (based on calculation or experiments) of the effects of a postulated event under which a structure, system, or corr.ponent must meet its func-tional goals.
The values for controlling parameters for external events include:
(1) estimates of severe natural events to be used for deriving design bases that will be based on consideration of historical data on the associated parameters, physical data, or analysis of upper limits of the physical processes involved and (2) estimates of severe external man-induced events to be used for deriving design bases that will be based on analysis of human activity in the region taking into account-the site characteristics and the risks associated with the event.
"Design capacity" means the quantity of spent fuel or high-level radioactive waste, the maximum burnup of the spent fuel in NWD/MTU, the curie content of the waste, and the total heat generation in BTU per hour that the storage installation is designed to accommodate.
"DOE" means the U.S. Department of Energy or its duly authorized representatives.
"Floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters including floodprone areas of offshore islands.
Areas subject to a one. percent or greate'r chance of flooding in any given year are included.
"High-level radioactive waste" or "HLW" means (1) the highly radio-active material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid 47
[7590-01]
O material derived from such liquid waste that contains fission products in sufficient concentrations; and (2) other highly radioactive material that the Commission, consistent with existing law, determines by rule requires permanent isolation.
"Historical cata" means.a compilation of the available-published and unpublished information concerning a particular type of event.
"Independent spent fuel storage installation" or "ISFSI" means a complex designed and constructed for the interim storage of spent nuclear fuel and other radioactive materials associated with spent fuel storage.
An ISFSI which is located on the site of another facility may share common utilities and services with such a facility and be physically connected with such other facility and still be considered independent:
Provided, that such sharing of utilities and services or physical connec-tions does not:
(1) Increase the probability or consequences of an accident or malfunction of components, structures, or systems that are important to safety; or (2) reduce the margin of safety as defined in the basis for any technical specification of either facility.
"Indian Tribe" means an Indian tribe as defined in the Indian Self Determiriation and Education Assistance Act (Public Law 93-638).
"Monitored Retrievable Storage Installation" or "HRS" means a complex designed, constructed, and operated by 00E for the receipt, transfer, handling, packaging, possession, safeguarding, and storage of spent nuclear fuel aged for at least one year and solidified high-level radioactive waste resulting from civilian nuclear activities, pending l
shipment to a HLW repository or other disposal.
"NEPA" means the. National Environmental Policy Act of 1969 inciuoing any amendments thereto.
48
- n
[7590-01)
"NWPA" means the Nuclear Wasta Policy Act of 1982 including any amendments thereto.
"Person" means (1) any individual, corporation, partnership, firm,
~
association, trust, estate, public or private institution, group, Government agency other than the Commission or the Department-of Energy (00E), except that the 00E shall be considered a person within the,mean-
~
ing of the regulations in this part to the extent that its facilities and activities are subject to the licensing and related regulatory author-ity of the Commission pursuant to Section 202 of the Energy Reorganiza-tion Act of 1974, as amended (88 Stat. 1244), and Sections 131, 132, 133, 135, 137, and 141 of the Nuclear Waste Policy Act of 1982 (96 Stat. 2229, 2230, 2232, 2241); (2) any State, any political subdivision of a State, or any political entity within a State; (3) any foreign government or nation, or any political subdivision of any such government or nation, or other entity; and (4) any legal successor, representative, agent, or agency of the foregoing.
"Population" means the people that may be affected by the change in environmental conditions due to the construction, operation, or decommissioning of an ISFSI or MRS.
"Region" means the geographical area surrounding and including the site, which is large enough to contain all the features related to a phenomenon or to a particular event that could potentially impact the safe or environmentally sound construction, operation, or decommissioning of an independent spent fuel storage or monitored retrievable storage installation.
"Reservation" means (1) any Indian reservation or dependent Indian r
community referred to in clause (a) or (b) of section 1151 of title 18, 49
.1
United States Code; or (2) any land selCcted by an Alaska Native village or regional corporation under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601'et seq.).
"Site" means the real property on which the ISFSI or MRS is located.
"Source material" means (1) uranium or thorium, or any combination thereof, in any physical or chemical form or (2) ores that contain by weight one-twentieth cf one percent (0.05%) or more of (i) uranium, (ii)-thorium, or (iii) any combination thereof.
Source material does not include special nuclear material.
"Special nuclear material" means (1) plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of section 51 of the Act, determines to be special nuclear material, but does not include source material; or (2) any material artificially enriched by any of the foregoing but does not include sou'rce material.
"Spent Nuclear Fuel" or "Spent Fuel" means fuel that has been with-drawn from a nuclear reactor following irradiation, has undergone at least one year's decay since being used as a source of energy in a power reactor, q
and has not been chemically separated into its constituent elements by reprocessing.
Spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies.
"Structures, systems, and components important to safety" mean those f
features of the ISFSI or MRS whose function is (1) to maintain the condi-tions required to store spent fuel or high-level radioactive waste safely, (2) to prevent damage to t'he spent fuel or the high-level radioactive waste container during handling and storage, or (3) to provide reasonable 50 1
[7590-01) assurance that spent fuel or high-level radioactive waste can be received, handled, packaged, stored, and retrieved without undue risk to the health and safety of the public.
S 72.4 Communications.
Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be addressed to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
Communications, reports, and applications may be delivered in person at the Commission's Offices at 11555 Rockville Pike, Rockville, Maryland, or at 1717 H Street NW., Washington, DC.
S 72.5 Interpretations.
Except as specifically authorized by the Cornission in writing, no interpretation of the meaning of the regulations in this part by an officer or employee of the Commission, other than a written interpreta-tion by the General Counsel, will be recognized to be binding up-the Commission.
1 S 72.6 License required; types of licenses.
(a)- Licenses for the receipt, handling, storage, and transfer of spent fuel or high-level radioactive waste are of two types:
general and specific.
Any general license provided in this part is effective without the filing of an application with the Commission or the issuance of a licensing document to a particular person, A specific license is issued i
i 51
4 (7590-01)
O to a named person upon application filed pursuant'to regulations in i
this part, i
(b) A general li. cense is hereby issued to receive title to and own spent fuel or high-level radioactive waste without regard to quantity.
Notwithstanding any other provision of this chapter, a general licensee under this paragraph is not authorized to acquire, deliver, receive, possess, use, or transfer spent fuel or high-level radioactive waste except as authorized in a specific license.
(c) Except as authorized in a specific license issued by the Commission in accordance with the regulations in this part, no person may acquire, receive, or possess--
(1) soent fuel for the purpose of storage in an ISFSI; or (2) spent fuel, high-level radioactive waste, or radioactive mate-
[
rial associated with high-level radioactive waste for the purpose of storage in an MRS.
S 72.7 Specific exemptions.
The Commission may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulatior.s in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.
S 72.8 Denial of licensing by Agreement States, r
Agreement States may not issue licenses covering the storage of spent fuel in an ISFSI or the storage of spent fuel and high-level t
radioactive waste in an MRS.
j 52
[7590-01]
1 S 72.9 Information collection requirements:
OMB approval.
~
(a) The Nuclear Regulatory Commission has submitted the information
' collection requirements contained in this part to the Office of Management and Budget (0MB) for approval as required by the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). OMB has approved the information collec-tion requirements contained in this part under control number 3150-0132.
(b) The approved information collection requirements contained in this part appear in SS 72.16, 72.22 through 72.34, 72.42, 72.44, 72.48 through 72.56, 72.62, 72.70 through 72.82, 72.90, 72.92, 72.94, 72.98, 72.100, 72.102, 72.104, 72.108, 72.120, 72.126, 72.140 through 72.176, 72.180 through 72.186, and 72.192.
S 72.10 Employee protection.
(a) Discrineination by a commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engag,ing in certain pro-tected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, and privileges of employment.
The protected activities are estav.';ned in section 210 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act.
l (1) The protected activities include but are not limited to--
t (i) Providing the Commission information about possible violati,ons of requirements imposed under either of the above statutes; f
53
L/590-01]
(ii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; or (iii) Testifying in any Commission proceeding.
(2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent), deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in the protec-ted activities specified in paragraph (a)(1) of this section may seek a remedy for the discharge or discrimination through an administrative pro-ceeding in the Department of Labor.
The administrative proceeding must be initiated within 30 days after an' alleged violation occurs by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour Division. The Department of Labor may order reinstatement, back pay, and compensatory damages.
(c) A violation of paragraph (a) of this section by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant, may be grounds for--
(1) Denial, revocation, or suspension of the license.
(2)
Imposition of a civil penalty on the licensee or applicant.
(3) Other enforcement action.
54
(7590-01)
(d) Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds.
The prohi-bition applies when the adverse action occurs because the employee has engaged in protected activities.
An employee's engagement in protected activities does not automatically render him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.
'(e)
(1) Each licensee and each applicant shall post Form NRC-3, "Notice to Employees," on its premises.
Posting must be at locations sufficient to p'ermit employees protected by this section to observe a copy on the way to or from their place of work.
Premises must be posted not later than 30 days after an application is docketed and remain posted while the application is pending before the Commission, during the term of the license, and for'30 days following license termination.
(2) Copies of Form NRC-3 may be obtained by writing to the Regional Administrator, of the appropriate U.S. Nuclear Regulatory Comission Regional Office listed in Appendix A, Part 73 of this chapter or the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission.
Washington, DC 20555.
S 72.11 Completeness and accuracy of information.
(a)
Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.
55
[7590-Q1)
(b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security.
An applicant or licensee' violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security.
Notification shall be provided to the Administrator of the appropriate Regional Office within two workfng days of identifying the information.
This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.
Subpart B--License Application, Form, and Contents S 72.16 Filing of application for specific license.
(a) Place of filino.
Each application for a license, or amendment thereof, under this part should be filed with the Director, Division of Industrial and Medical Nuclear Safety, Office of Nuclear Material Safety I
h,4 and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
t 5
b'Yg Applications, communications, reports, and correspondence may also be S 4 A&f,%
delivered in person at the Commission's offices at 11555 Rockville Pike, T
1ArNAC /'wb/A Daewor Roose, k 4 Rockville, Maryland, or at41717 H Street NW., Washington, DC. '
(b) Oath or affirmation.
Each application for a license or license amendment (including amendments to such applications). except for those filed by 00E, must be executed in an original signed by the applicant or i
duly authorized officer thereof under oath or affirmation.
Each applica-tion for a license or license amendment (including amendments to such l
56
(7590-01) applications) filed by 00E must be signed Dy the Secretary of Energy or i
the Secretary's authorized representative.
(c) Number of copies of application.
Each filing of an application for a license or license amendment under this part (including amendments to such applications) must include, in addition to a signed original, 15 copies of each portion of such application, safety analysis report, environmental report, and any amendments.
Another 125 copies shall be retained by the applicant for distribution in accordance with instruction from the Director or the Director's designee.
(d) Fees.
The application, amendment, and renewal fees applicable to a license covering the storage of spent fuel in an ISFSI are those shown in S 170.31 of this chapter.
(e) Notice of docketino.
Upon receipt of an application for a license or license amendment under this part, the Director, Office of Nuclear Material Safety and Safeguards or the Director's designee will assign a docket number to the application, notify the applicant of the dock'et number, instruct the applicant to distribute copies retained by the applicant in accordance with paragraph (c) of this section, and cause a notice of docketing to be published in the Federal Register.
The notice of docketing shall identify the site of the ISFSI or the MRS by locality and State and may include a notice of hearing or a notice of proposed action and opportunity for hearing as provided by 5 72.46 of this part.
In the case of an application for a license or an amendment to a license for an MRS, the Director, Office of Nuclear Material Safety'and Safe-guards, or the Dit,a.cor's designet, in accordance with $ 72.200 of this part, shall send a copy of the notice of docketing to the Governor and 57
[7590-01) legislature of any State in which an MRS is or may be located, to the Chief Executive of the. local municipality, to the Governors of any con-tiguous States and to the governing body of any affected Indian tribe.
$ 72.18 Elimination of repetition.
In any application under this part, the applicant may incorporate by reference information contained in previous applications, statements, or reports filed with the Commission:
Provided, That such references are clear and specific.
S 72.20 Public inspection of application.
Applications and documents submitted to the Commission in connec-tion with applications may be made available for public inspection in accordance with provisions of the regulations contained in Parts 2 and 9 of this chapter.
S 72.22 Contents of application:
General and financial information.
j Each application must state:
d (a) Full name of applicant; (b) Address of applicant; t
(c) Description of business or occupation of applicant; (d)
If applicant is:
(1) An individual:
citizenship and age; (2) A partnership:
name, citizenship, and' address of each partner and the principal location at which the partnershir does business; 4
58 i
[7590-01)
O (3) A corporation or an unincorporated association:
(i) The State in which it is incorporated or organized and the principal location at which it does business; and (1.1 ) The names, addresses, and citizenship of its directors and principal officers; (4) Acting as an agent or representative of another person in filina the application:
the identification of the principal and the information required under this paragraph with respect to such principal.
(5) The Department of Energy:
(i) The identification of the 00E organization responsible for the construction and operation of the ISFSI or MRS, including a description of any delegations of authority and assignments of responsibilities.
(ii) For each application for a license for an MRS, the provisions of the public law authorizing the construction and operation of the MRS.
(e) Except for DOE, information sufficient to demonstrate to the Commission the financial qualifications of the applicant to carry out, in accordance with the regulations in this chapter, the activities for which the license is sought.
The information must state the place at which the activity is to be performed, the general plan for carrying out the activity, and the period of time for which the license is requested.
The information must show that the applicant either possesses the neces-sary funds, or that the' applicant has reasonable assurance of obtaining the necessary funds; or that by a combination of the two, the applicant t
will have the necessary funds available to cover the following:
I 59 i
4
[7590301)
(1) Estimated construction costs; (2) Estimated operating costs over the planned life of the ISFSI; and (3) Estimated decbmmissioning costs, and the necessary financial arrangements to provide reasonable assurance prior to licensing that decommissioning will be carried out after the removal of spent fuel and/or high-level radioactive waste from storage.
S 72.24 Contents of application:
Technical information.
Each application for a license under this part must include a Safety Analysis Report describing the proposed ISFSI or MRS for the receipt, handling, packaging, and storage of spent fuel or high-level radioactive waste, including how the ISFSI or MRS will be operated.
The minimum information to be included in this report must consist of the following:
(a) A description and safety assessment of the site on which the ISFSI or MRS is to be located, with appropriate attention to the design bases for external events.
Such assessment must contain an analysis and evaluation of the major ctructures, systems, and components of the ISFSI or MRS that bear on the suitability of the site when the ISFSI or MRS is operated at its design capacity.
If the proposed ISFSI or MRS is to be located on the site of a nuclear power plant or other licensed facility, the potential interactions between the ISFSI or MRS and such other facility must be evaluated.
(b) A description and discussion of the ISFSI or MRS structures witt special attention to design and operating characteristics, unusual or ntvel design features, and principal safety considerations.
60
[7590-01) o i
(c) The design of the ISFSI or MRS in sufficient detail to support the findings in S 72.40, including:
(1) The design criteria for the ISFSI or MRS pursuant to Subpart-F of this part, with identification and justification for any additions to or departures from the general design criteria; (2) The design bases and the relation of the design bases to the design criteria; (3) Information relative to materials of construction, general arrangement, dimensions of principal structures, and descriptions of all structures,. systems, and components important to safety, in sufficient detail to support a finding'that the ISFSI or MRS will satisfy the design bases with an adequate margin for safety; and (4) Applicable codes and standards.
(d) An analysis and evaluation of the design and performance of structures, systems, and components important to safety, with the objective of assessing the impact on public health and safety resulting from operation of the ISFSI or MRS and including determination of:
(1) The margins of safety during normal operations and expected operational occurrences during the life of the ISFSI or MRS; and (2) The adequacy of structures, systems, and components provided for the prevention of accidents and the mitigation of the consequences of accidents, including natural and manmade phenomena and events.
(e) The means for controlling and limiting occupational radiation exposures within the limits given in Part 20 of this chapter, and for meeting the objective of maintaining exposures as low as is reasonably achie.vable.
61
(7590-01)
(f) The features of ISFSI o ' i'
.c t,o and operating modes to reduce to the extent practicable racloactive waste volumes generated at the installation.
(g) An identification and justification for the selection of those subjects that will be probable license conditions and technical specifi-cations.
These subjects must cover the design, construction, preopera-tional testing, operation, and decommissioning of the ISFSI or MRS.
(h) A plan for the conduct of operations, including the planned managerial and administrative controls system, and the applicant's organization, and program for training of personnel pursuant to Subpart I.
(i)
If the proposed ISFSI or MRS incorporates structures, systems, or components important to safety whose functional adequacy or reliabil-ity have not been demonstrated by prior use for that purpose or cannot be demonstrated by reference to performance data in related applications or to widely accepted engineering principles, an identification of these structures, systems, or components along with a schedule showing how l
safety questions will be resolved prior to the initial receipt of spent fuel or high-level radioactive waste for storage at the ISFSI or MRS.
1 (j) The technical qualifications of the applicant to engage in the i
proposed activities, as required by 8 72.28.
(k) A description of the applicant's plans for coping with emer-gencies, as required by 5 72.32.
(1) A description of the equipment to be installed to maintain control over radioactive materials in gaseous and liquid effluents produced during normal operations and expected operational occurrences, l
The description must identify the design objectives and the means to be j
i 62 i
[7590-01]
used for keeping levels of radioactive material in effluents to the environment as low as is reasonably achievable and within the exposure limits stated in S 72.104. 'The description must include:
(1) An estimate of the quantity of each of the principal radio-nuclides expected to be released annually to the environment in liquid and gaseous effluents produced during normal ISFSI or MRS operations; (2) A description of the equipment and processes used in radioactive waste systems; and (3) A general description of the provisions for packaging, storage, and disposal of solid wastes containing radioactive materials resulting from treatment of gaseous and liquid effluents and from other sources.
.(m) An analysis of the potential dose equivalent or committed dose equivalent to an individual outside the controlled area from accidents or natural phenomena events that result in the release of radioactive mate-rial to the environment or direct radiation from the ISFSI or MRS.
The calculations of individual dose equivalent or committed dose equivalent must be performed for direct exposure, inhalation, and ingestion occurring as a result of the postulated design basis event.
(n) A description of the quality assurance program that satisfies the requirements of Subpart G to be applied to the design, fabrication, construction, testing, operation, modification, and decommissioning of the structures, systems, and components of the ISFSI or MRS important to
~
safety.
The description must identify the structures, systems, and compo-nents important to safety.
The program must also apply to managerial and administrative controls used to ensure safe operation of the ISFSI or MRS.
63
(7590-01)
(o) A description of the detailed security measures for physical protection, including design features and the plans required by Subpart H.
For an application from 00E for an ISFSI or MRS, DOE will provide a description of the physical security plan for protection against radiolo--
gical sabotage as required by Subpart H.
An application submitted by 00E
.for an 13FSI or MRS must include a certification that it will provide at the ISFSI or MRS such safeguards as it requires at comparable surface DOE facilities to promote the common defense and security.
(p) A description of the program covering preoperational testing and initial operations.
(q) A description of the decommissioning plan required under S 72.30.
5 72.26 Contents of application:
Technical specifications.
Each application under this part shall include proposed technical specifications in accordance with the requiremer.ts of 5 72.44 and a sum-mary statement of the bases and justifications for these technical specifications.
S 72.28 Contents of application:
Applicant's technical qualifications.
Each application under this part must include:
(a) The technical qualifications, including training and experience, of the applicant to engage in the proposed activities; (b) A description of the personnel training program required under Subpart I; (c) A description of the applicant's operating organization, delegations of responsibility and authority, and the minimum skills and 64
m experience qualifications relevant to the various levels of responsibil-ity and authority; and (d) A commitment by the applicant to have and maintain an adequate complement of trained and certified installation personnel prior to the receipt of spent fuel or high-level radioactive waste for storage.
S 72.30 Decommissioning planning, including financing and recordkeeping.
(a) Each application under this part most include a proposed decom-missioning plan that contains sufficient inforleation on proposed practices and procedures for the decontar,ination of the site and facilities and for disposal of residual radioact',ve materials after all spent fuel or high-level ~ radioactive waste has been removed, in order to provide reasonable assurance that the decontamination and decommissioning of the ISFSI or MRS at the end of its useful life will provide adequate protection to the health-and safety of the public.
This plan must identify and discuss those design features of the ISFSI or MRS that facilitate its decontamination and decommissioning at the end of its useful life.
(b) The decommissioning funding plan must contain information on l
how reasonable assurance will be provided that funds will be available l
to decommission the ISFSI or MRS.
This information must include a cost estimate for decommissioning and a description of the method of assuring i
funds for decommissioning from paragraph (c) of this section, including means of adjusting cost estimates and associated funding levels periodically over the life of the ISFSI or MRS.
i i
(c) Financial assurance for decommissioning must be provided by i
4 one or more of the following methods-5 65 i
I
(7590-01)
(1) Prepayment.
Prepayment is the deposit prior to the start of operation into an account segregated from licensee assets and outside the licensee's administrative control of cash or liquid assets such that the amount of funds would be sufficient to pay decommissioning costs.
Prepayment may be in the form of a trust, escrow account, gcvernment fund, certificate of deposit, or deposit of government securities.
(2) A surety method, insurance, or other guarantee method.
These methods guarantee that decommissioning costs will be paid should the licensee default.
A surety method may be in the form of a surety bond, letter of credit, or line of credit.
A parent company guv 1ntee of funds for decommissioning costs cased on a financial tes
/ be used if the guarantee and test are as contained in Appendix A of 10 CFR Part 30.
A parent company guarantee may not be used in combination with other financial methods to satisfy the requirements of this section.
Any surety method or insurance used to provide financial assurance for decommissioning must contain the following conditions:
(i) The surety (nethod or insurance must be open-ended or, if written for a specified term, such as five years, must be renewed automatically unless 90 days or more prior to the renewal date, the issuer notifies the Commission, the beneficiary, and the licensee of its intention not to renew. The surety method or insurance must also provide that the full face amount be paid to the beneficiary automatically prior to the expiration without proof of forfeiture if the licensee fails to provide a replacement acceptable to the Cornmission I
within 30 days after receipt of notification of cancellation.
(11) The surety method or insurance must be payable to a trust established for decommis'sioning costs.
The trustee and trust must be i
66 i
e acceptable to the Commission.
An acceptable trustee includes an appro-priate State Federal government agency o'r an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(iii)
The surety or insurarece must remain in ef fect until the -
Commission has terminated the license.~
(3) An external sinking fund in which deposits are made at least annually, coupled with a surety method or insurance, the value of which may decrease by the amount being accumulated in the sinking fund.
An external sinking fund is a fund established and maintained by setting aside funds periodically in an account segregated from licensee assets and outside the licensee's administrative control in which the total amount of funds would be sufficient to pay deccmmissioning costs at the time termination of operation is expected.
An external sinking fund may be in the form of a trust, escrow account, government-fund, certificate of deposit, or deposit of government securities.
The surety or insurance provision must be as stated in paragraph (c)(C) of this section.
(4) In the case of Federal, State, or local government licensees, a statement of intent containing a cost estimate for decommissioning, and indicating that funds for decommissioning will be obtained when necessary.
(5)
In the case of electric utility licensees, the methods of S 50.75(e)(1) and (3) of this chapter.
(d) Each licensee shall keep records of infor'mation important to the safe and effective decommissioning of the facility in an identified I
[7590-01].
O location until the license is terminated by the Commission.
If records' of relevant information are kept for other purposes, reference to these records and their locations may be used.
Information the Commission considers important to decommissioning consists of--
(i) Records of spills or other unusual occurrences involvina the p.*ead of contamination in and around the facility, equipment, or_ site.
These records inay be limited to instances when contamination remains after any cleanup procedures or when there is reasonable likelihood that contaminants may have spread to inaccessible areas as in the case of-possible seepage into porous materials such as concrete.
These records must include any known information on identification of involved auclides, quantities, forms, and concentrations.
(ii) As-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used and/ca-stored, and of locations of possible inaccessible contamination such as buried pipes which may be subject to contamination.
If required drawings are referenced, each relevant document need not be indexed individually.
If drawings are not available, the licensee shall substitute appropriate records of available information concerning these areas and locations.
(iii) Records of the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning, and records of the funding method used for assuring funds if either a funding plan or certification is used.
S 72.32 Emergency plan.
(a)
[ Reserved)
(b)
[ Reserved]
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, ~...,,.,..... _..
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(c) For an ISFSI that is located on the site of a nuclear power reactor licensed for operati' 3y the Commission, the emergency plan 1
required by 10 CFR 50.47 shall be deemed to satisfy the requirements of this section.
'S 72.34 Environmental report.
Each application for an ISFSI or MRS license under this part must be accompanied by an Environmental. Report which meets the requirements of-Subpart A of Part 51 of this chapter.
.Subpart C--Issuance and Conditions of License S 72.40 Issuance of license.
(a) Except as provided in paragraph (c) of this section, the Commission will issue a license under thi.s part upon a determination that the application for a license meets the standards and requirements of the Act and the regulations of the Commission, and upon finding that:
(1) The applicant's proposed ISFSI or MRS design complies with Subpart F; (2) The proposed site complies with the criteria in Subpart E; (3)
If on the site of a nuclear power plant or other licensed activity or facility, the proposed ISFSI would not pose an undue risk to the safe operation of such nuclear power plant or other licensed activity or facility; (4) The applicant is qualified by reason of training and experience to conduct the operation covered by the regulations in this part; (5) The applicant's proposed operating procedures to protect health and to minimize danger to life or property are adequate; 4
69
9W'M'RDJ l
(6) Except for 00E, the applicant for an ISFSI or MRS'is financially
- qualified to engage in the proposed activities-in accordance with the regulations in this part; 1
(7)
The applicant's quality assurance plan complies with Subpart G; (8) T.he applicant's physical protection provisions comply with Sub-part H.
DOE has complied with the safeguards and physical security provisions identified in S 72.24(o);
(9) The applicant's personnel training program complies with Subpart I; 1
(10) Except for 00E, tho applicant's decommissioning plan and its financing pursuant to S 72.30 provide reasonable assurance that the decontamination and decommissioning of the ISFSI or MRS at the end of its useful life will provide adequate protection to the health and safety of the public; (11) The applicant's emergency plan complies with 5 72.32; (12) The applicable provisions of Part 170 of this chapter have been satisfied; (13) There is reasonable assurance that:
(i) the activities authorized by the license can be conducted without endangering the health and safety of the public and (ii) these activities will be conducted in compliance with the applicable regulations of this chapter; and (14) The issuance of the license will not be inimical to the common defense and security.
(b) Grounds for denial of a l' cense to store spent fuel in the proposed ISFSI or to store spent fuel and high-level radioactive waste in the proposed MRS may be the commencement of construction prior to (1) a finding by the Director, Off' ice of Nuclear Materials Safety and Safeguards 1
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or designee or (2) a finding after a public hearing by the presiding officer, Atomic Safety and Licensing Board, Atomic Safety and Licensing Appeal Board, or the Commission acting as a collegial body, as appro-priate that the action called for is the issuance of the proposed license with any appropriate conditions to protect environmental values.
This finding is to be made on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter or in the case of an MRS on the basis of evaluations made pursuant to sections 141(c) and (d) or 148(a) and (c) of NWPA, (96 Stat. 2242, 2243, 42 U.S.C. 10161(c),
(d); 101 Stat. 1330-235, 1330-236, 42 U.S.C. 10168(a), (c)), as appropri-ate, and after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives.
(c) For facilities that have been covered under previous licensing actions iE'.luding the issuance of a construction permit under Part 50 of this chapter, a reevaluation of the site is not required except where new information is discovered which could alter the original site e. valuation findings.
In this case, the site evaluation factors involved will be i
reevaluated.
S 72.42 Duration of license; renewal.
(a) Each license issued under this part must be for a fixed period of time to be specified in the license.
The license term for an ISFSI must not exceed 20 years from the date of issuance.
The license term for 1
an MRS must not exceed 40 years from the date of issuance.
Licenses for either type of installation may be renewed by the Commission at the expiration of the license term upon application b'y the licensee and pursuant to the requirements of this rule.
71
O'M'MDJ (b) Applications for renewal of a license should be filed in accor-q dance with the applicable provisions of Subpart B at least two years prior to the expiration of the existing license. Information contained in previous applications, statements, or' reports filed with the Commission under the license may be incorporated by reference:
Provided, that such references are clear and specific.
(c) In any case in which a licensee, not less than two years prior to expiration of its existing license, has filed an application in proper form for renewal of a license, the existing license shall not expire until a final decision concerning the application for renewal has been made by the Commission.
S 72.44 License conditions.
(a) Each license issued under this part shall include license condi-tions.
The license conditions may be derived from the analyses and evaluations included in the Safety Analysis Report and amendments thereto submitted pursuant to S 72.24.
License conditions pertain to design, construction and operation.
The Commission may also include additional license conditions as it finds appropriate.
(b) Each license issued under this part shall be subject to the following conditions, even if they are not explicitly stated therein; (1) Neither the license.ror any right thereunder shall be cransferred, assigned, or disposed of in any manner, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission shall, after securing full information, find that the transfer is in accordance with the 72 4
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provisions of the Atomic Energy Act o'f 1954, as amended, and give its consent in writing.
(2) The license shall be subject to revocation, suspension, modifi-cation, or amendment in accordance with the procedures provided by the Atomic Energy Act of 1954, as amended, and Commission regulations.
(3) Upon request of the Commission, the licensee shall, at any time before expiration of the license, submit written statements, signed under oath or affirmation if appropriate, to enable the Commission to determine whether or not the license should be modified, suspended, or revoked.
(4) Prior to the receipt of spent fuel for storage at an ISFSI or the receipt of spent fuel and high-level radioactive waste for storage at an MRS, the licensee shall have in effect an NRC-approved program covering the training and certification of personnel that meets the requirements of Subpart 1.
(5) The licensee shall permit the operation of the equipment and controls that are important to safety of the ISFSI or the MRS only by personnel whom the licensee has certified as being adequately trained to perform such operations, or by uncertified personnel who are under the direct visual supervision of a certified individual.
j 4
(6)(i) Each licensee shall notify the appropriate NRC Regional Administrator, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11 (Bankruptcy) of the United States Code by or against:
(A) The licensee; (B) An entity (as that term is defined in 11 U.S.C.101(14))
l Controlling the licensee or listing the license or licensee as property
{
of the estate; or 73
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(C) An affiliate (as that term is defined in 11 U.S.C. 101(2)) of the licensee.
(ii) This notification must indicate:
(A) The bankruptcy. court in which the petition for bankruptcy was filed; and (B) The date of the filing of the petition.
(c) Each license issued under this part must include technical specifications.
Technical specificatio's must include requirements in the following categories:
(1) Functional and operating limits and monitoring instruments and limiting control settings.
(i) Functiona1 and operating limits for an ISFSI or MRS are limits on fuel or waste handling and storage conditions that are found to be necessary to protect the integrity of the stored fuel or waste container, to protect employees against occupational exposures and to guard against the uncontrolled release of radioactive materials; and (ii) Monitoring instruments and limiting control settings for an ISFSI or MRS are those related to fuel or waste handling and storage conditions having significant safety functions.
(2) Limiting conditions.
Limiting conditions are the lowest functional capability or performance levels of equipment required for safe operation.
(3) Surveillance requirements.
Surveillance requirements include:
(i) inspection and monitoring of spent fuel.or high-level radioactive waste in storage; (ii) inspection, test and calibration activities to ensure that the necessary integrity of requircd systelns and components is maintained; (iii) confirmation that operation of the ISFSI or MRS is within the required functional and operating limits; and (iv) confirma-tion that the limiting conditions required for safe storage are met.
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(4) Design features.
Design features include items that would have a significant effect on safety if altered or. modified, such as materials of construction and geometric arrangements.
(5) Administrative controls.
Administrative controls include the organization and management procedures, recordkeeping, review and audit, and reporting necessary to assure that the operations involved in the storage of spent fuel in an ISFSI and the storage of spent fuel and high-level radioactive waste in an MRS are performed in a safe manner.
(d) Each license authorizing the receipt, handling, and storage of spent fuel or high-level radioactive waste under this part must include technical specifications that, in addition to stating the limits on the release of radioactive materials for compliance with limits of Part 20 of this chapter and the "as low as is reasonably achievable" objectives for effluents, require that:
(1) Operating procedures for control of effluents be established and followed, and equipment in the radioactive waste treatment systems be maintained and used, to.neet the requirements of S 72.104; I
(2) An environmental monitoring program be established to enstre compliance with the technical specifications for effluents; and j
(3) An annual report be submitted to the appropriate regional office specified in Appendix A of Part 73 of this chapter, with a, copy to the Director, Office of Nuclear. Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, within 60 days after January 1 of each year, specifying the quantity of each of the principal radionuclides released to the environment in liquid ard in gaseous effluent's during the previous 12 months of operation and such other 4
e e
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information as may be required by the Commission to estimate maximum potential radiation dose commitment to the public resulting from effluent releases.
On the basis of this report and any at'ditional information the Commission may obtain from the licensee or others, the Commission may from time to time require the licensee to take such action as the Commission deems appropriate.
(e) The licensee shall make no change that would decrease the effectiveness of the physical security plan prepared pursuant to S 72.180 without the prior approval of the Commission.
A licensee desiring to make such a change shall submit'an application for an amendment to the license pursuant to S 72.56.
A licensee may make changes to the physical security plan without prior Commission approval, provided that such changes do not decrease the effectiveness of the plan.
The licensee
, shall furnish to the Commission a report containing a description of each change within two months after the change is made, and shall maintain records of changes to the plan made without prior Commission approval for a period of 3 years from the date of the change.
(f) A licensee shall follow and maintain in effect arv emergency plan that is approved by the Commission.
The licensee may make changes to the approved plan without Commission approval only if such changes do not decrease the effectiveness of the plan.
Within six mor,ths after any change is made, the licensee shall submit a report containing a descrip-tion of any changes made in the plan to the appropriate NRC Regional Office specified in Appendix A to Part 73 of this chapter with a copy to the Director, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555.
Proposed changes 1
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that decrease the effectiveness of the approved emergency plan must not be implemented unless the licensee has received. prior approval of such changes from the Commission.
(g) A license issued to DOE under this part for an MRS authorized by section 142(b) of NWPA (101 Stat. 1330-232, 42 U.S.C. 10162(b)) must include the following conditions:
(1) Construction of the MRS may not begin until the Commission has authorized the construction of a repository under section 114(d) of NWPA (96 Stat. 2215, as amended by 101 Stat. 1330-230, 42 U.S.C. 10134(d))
and Part 60 of this chapter; (2) Construction of the MRS or acceptance of spent nuclear fuel or high-level radioactive waste at the MRS is prohibited during such time as the repository license is revoked by the Commission or construction of the repository ceases; (3) The quantity of spent nuclear fuel or high-level radioactive' waste at the site of the MRS at any one time may not exceed 10,000 metric tons of heavy metal until a repository authorized under NWRA and Part 60 of this chapter first accepts spent nuclear fuel or solidified high-level radioactive waste; and (4) The quantity of spent nuclear fuel or high-level radioactive waste at the site of the MRS at any one time may not exceed 15,000 metric tons of heavy metal.
S 72.46 Public hearings.
(a)
In connection with each application for a license under this part, the Commission shall issue or cause to be issued a notice of pro-posed action and opportunity for hearing in accordance with 6 2.105 or S 2.1107 of this chapter, as appropriate, or, if the Commission finds 77
--e-
that a hearing is required in the public interest, a notice of hearing in accordance with S 2.104 of this chapter, (b)(1)
In connection with each application for an amendment to a license under this part, the Commission shall, except as provided in paragraph (b)(2) of this section, issue or cause to be issued a notice of proposed action and opportunity for hearing in accordance with S 2.105 or S 2.1107 of this chapter, as appropriate, or, if the Commission finds that a hearing is required in the public interest, a notice of hearing in accordance with S 2.104 of this chapter.
(2) The Director, Office of Nuclear Material Safety and Safeguards, or the Director's designee may dispense with a notice of proposed action and opportunity for hearing or a notice of hearing and take immediate action on an amendment to a license issued under this part upon a deter-mination that the amendment does not present a genuine issue as to whether the health and safety of the public will be significantly af'fected.
After 1
taking the action, the Director _ or the Director's designee shall promptly publish a notice in the Federal Register of the action taken and of the right of interested persons to request a hearing on whether the action should be rescinded or modified.
If the action taken amends an MRS license, the Director or the Director's designee shall also inform the appropriate State and local officials.
(c) The notice of proposed action and opportunity for hearing or the notice of hearing may be included in the notice of docketing required to be publishe; by 6 72.16 of this part.
l (d)
If, no request for a hearing or petition for leave to intervene is filed within the time prescribed in the notice of proposed action and 78
[7590-01]
O opportunity for hearing, the Director, Office of Nuclear Material Safety and Safeguards or the Director's designee may take the proposed action, and thereafter shall promptly inform the appropriate State and local officials and publish a notice in the Federal Register of the action taken.
In accordance with 6 2.764(c) of this chapter, the Director, Office of Nuclear Material Safety and Safeguards shall not issue an initial license for the construction and operation of an ISFSI or an MRS until expressly authorized to do so by the Commission.
S 72.48 Changes, tests, and experiments.
(a)(1) The holder of a license issued under this part may (i) make changes in the ISFSI or MRS described in the Safety Analysis Report, (ii) make changes in the procedures described in the Safety Analysis Report, or (iii) conduct tests or experiments not described in the Safety Analysis Report, without prior Commission approval, unless the proposed change, test or experiment involves a change in the license conditions incorporated in the license, an unreviewed safety question, a significant increase in occupational exposure or a significant unreviewed environ-mental impact.
(2) A proposed change, test, or experiment shall be' deemed to involve an unreviewed safety question (i) if the probability of occur-rence or the consequences of an accident or malfunction of equipment important to safety previously evaluated in the Safety Analysis Report may be increased; (ii) if a possibility for an accident or malfunction of a different type than any evaluated previously in the Safety Analysis Report may be created; or (iii) if the margin of safety as defined in the st.es for any technical specification is reduced.
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O (b)(1) The licensee shall maintain records of changes in the ISFSI or MRS and of changes in procedures made pursuant to this section if these changes constitute changes in the ISFSI or MRS or procedures des-cribed in the Safety Analysis Report.
The licensee shall also maintain records of tests and experiments carried out pursuant to paragraph (a) of-this section.
These records must include a written safety evaluation that provides the bases for the determination that the change, test, or experiment does not involve an unreviewed safety question. The records of changes in the ISFSI or MRS and of changes in procedures and records of tests must be maintained until the Commission terminates the license.
(2) Annually, or at such shorter interval as may be specified in the license, the licensee shall furnish to the appropriate regional office, specified in Appendix A of Part 73 of this chapter, with a copy to the Director, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, a report containing a brief description of changes, tests, and experiments made under para-graph (a) of the section, including a summary of the safety evaluation of each.
Any report submitted by a licensee pursuant to this paragraph will be made a part of the public record pertaining to this license.
(c) The holder of a license issued under this part who desires (1) to make changes in the ISFSI or MRS or the procedures as described in the Safety Analysis Report, or to conduct tests or experiments not des-cribed in the Safety Analysis Report, that involve an unreviewed safety question, a significant increase in occupational exposure, or significant i
unreviewed environmental impact, or (2) to change the license conditions shall submit an application for amendment of the license, pursuant to S 72.56.
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S 72.50 Transfer of license.
(a) N.o license or any right included in a license issued under this part for an ISFSI or MRS shall be transferred, assigne'd, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission gives its consent in writing.
(b)(1). An application for transfer of a license must include as much of the information described in SS 72.22 and-72.28 with respect to the identity and the technical and financial qualifications of the pro-posed transferee as would be required by those sections if the applica-tion were for an initial license.
The application must also include a statement of the purposes for which the transfer of the license is requested and the nature of the transaction necessltating or making desirable the transfer of the license.
(2) The Commission may' require any person who' submits an application for the trar.sfer of a license pursuant to the provisions of this section to file a written consent from the existing licensee, or a certified copy of an ord'sr or judgment of'a court of competent jurisdiction, attesting to the parson's right--subject to the licensing requirements of the Act and these regulations--to possession of the radioactive materials and the storage installation involved.
(c) After appropriate notice to interested persons, including the existing licensee, and observance of such procedures as may be required b,o the Act or regulations or orders of the Commission, the C,ommission will approve an application for the transfer of a license, if the Commission determines that:
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(1).The proposed transferee is qualified to be the hoicer of the license; and (2) Transfer of the' license is consistent with applicable provisions of the law, and the regulations and orders issued by the Commission.
S 72.52 Creditor regulations.
(a) This section does not apply to an ISFSI or MRS constructed and operated by 00E.
(b) Pursuant to section 184 of the Act, the Commission consents, without individual application, to the creation of any mortgage, pledge, or other lien on special nuclear material contained in spent fuel not owned by the United States that is the subject of a license or on any interest in special nuclear material in spent fuel; Provided:
(1) That the rights of any creditor so, secured may be exercised only in compliance'with and subject to the same requirements and restric-tions as would apply to the licensee pursuant to the provisions of the license, the Atomic Energy Act of 1954, as amended, and regulations issued by the Commission pursuant to said Act; and (2) That no creditor so secured may take possession of the spent fuel pursuant to the provisions of this section prior to either the issuance of a license from the Commission authorizing possession or the transfer of the license.
(c) Any creditor so secured may apply for transfer of the license covering spent fuel by filing an application for transfer of the license pursuant to S 72.50(b).
The Commission will act
.on the application pursuant to S 72.50(c).
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(d) Nothing contained in this regulation shall be deemed to affect the means of acquiring, or the priority of, any tax lien or other lien i
provided by law.
(e) As used in this section, "creditor" includes, without implied limitatica, the trustee under any mortgage, pledge, or lien on spent fuel in storage made to secure any creditor; any trustee or receiver of spent fuel appointed by a court of competent jurisdiction in any action brought for the benefit of any creditor secured by such mortgage, pledge, or lien; any purchaser of the spent fuel at the sale thereof upon foreclosure of the mortgage, pledge, or lien or upon exercise of any power of sale con-tained therein; or any assignee of any such purchaser.
S 72.54 Application for termination of license.
(a) Any licensee may apply to the Commission for authority to surrender a license voluntarily and to decommission the ISFSI or MRS.
This application must be made within two years following permanent cessation of operations, and in no case later than one year prior to expiration of the license.
Each application for termination of license must be accompanied, or preceded, by a proposed final decommissioning plan.
(b) The proposed final decommissioning plan must include--
(1) The choice of the alternative for decommissioning.with a description of activities involved.
An alternative is acceptable if it provides for completion of decommissioning without significant delay.
Consideration will be given to an alternative which provides for delayed completion of decommissioning only whed necessary to protect the public health and safety.
Factors to be considered in evaluating an alternative 83
[7590-01]
e which provides for delayed completion of decommissioning include unavailability of waste disposal capacity and other site specific factors affecting the licensee's capability to carry out decommissioning safely, including presence of other nuclear facilities at the site.
(2) A description of controls and limits on procedures and equip-ment to protect occupational and pub'lic health and safety; (3) A description of the planned final radiation survey; and (4) An updated detailed cost estimate for the chosen alternative for decommissioning, comparison of that estimate with present funds set aside for decommissioning, and plan for assuring the availability of adequate funds for completion of decommissioning including means for adjusting cost estimates and associated funding levels over any storage or surveillance period.
(5) A description of technical specifications and quality assurance provisions in place during* decommissioning.
(c) For final decommissioning plans in which the major dismantlement activities are delayed by first placing the ISFSI or MRS in storage, planning for these delayed activities may be less detailed.
Updated 1
detailed plans must be submitted and approved prior to the start of such activities.
(d) If the final decommissioning plan demonstrates that the decommissioning will be performed in accordance with the regulations in this chapter and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested' persons, the Commission will approve the plan subject to such conditions and limitations as it deems Appropriate and necessary and issue an order authorizing the decommissioning.
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[7590-01) 0 (e) The Commission will terminate the license if it determines that--
(1) The decommissioning has been performed in accordance with the approved final decommissioning plan and the order authorizing decommissioning; and (2) The terminal radiation survey and associated documentation demonstrates that the ISFSI or MRS and site are suitable for release for unrestricted use.
S 72.56 Application for amendment of license.
Whenever a holder of a license desires to amend the license, an application for an amendment shall be filed with the Commission fully describing the changes desired and the reasons for such changes, and following as far as applicable the form prescribed for original applications.
S 72.58 Issuance of amendment.
In determining whether an amendment to a license will be issued to the applicant, the Commission will be guided by the considerations that govern the issuance of initial licenses.
S 72.60 Modification, revocation, and supension of license.
(a) The terms and conditions of all. licenses are subject to' amend-ment, revision, or modification by reason of amendments to the Atomic Energy Act of 1954, as amended, or by reason of rules, regulations, or oraers issued in accordance with the Act or any amendments thereto.
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'(b) Any license may be modified, revoked, or suspended in whole or in part for any of the following:
(1) Any material false statement in the application or in any statement of fact required under Section 182 of the Act; (2) Conditions revealed by the application or statement of fact or any report, record, inspection or other means which would warrant the Commission to refuse to grant a license on an original application; (3) Failure to operate an ISFSI or MRS in accordance with the terms of the license; (4) Violation of, or failure to observe, any of the terms and. con-ditions of the Act, or of any applicable regulation, license, or order of the Comeission.
(c) Upon revocation of a license, the Commission may immediately cause the retaking of possession of all special nuclear material contained in spent fuel held by the licensee.
In cases found by the Commission to be of extreme importance to the national defense and security or to the health and safety of the public, the Commission prior to following any of the procedures provided under sections 551-558 of Title 5 of the United t
States Code, may cause the taking of possession of any special nuclear i
material contained in spent fuel held by the licensee.
l S 72.62 Backfitting.
(a) As used in this section, "backfitting" means 'the addition, elimination, or modification, after the license has been issued, of (1) structures, systems, or components of an ISFSI or MRS, or (2) procedures or organization required to operate an ISFSI or MRS.
86
FW'Nlr (b) The Commission will require.backfitting of an ISFSI or MRS if.
.it finds that such action is necessary to assure adequate protection to occupational or public health and safety, or.to bring the ISFSI or MRS.
into compliance with a license or the rules or orders of the Commission,-
~
or into conformance with written commitments. by a licensee.
(c) The Commission may require the backfitting of an ISFSI or MRS.
if it finds (1) that there is a substantial increase in the overall protection of the occupational or public health and safety'to be derived from the backfit, and (2) that the direct and indirect costs'of implementation for that ISFSI or MRS are justified in view of this increased protection.
(d) The Commission may at any time require a holder of a license to submit such information concerning the backfitting or the proposed backfitting of an ISFSI or MRS as it deems
- appropriate.
Subpart 0--Records, Reports, Inspections, and Enforcement S 72.70 Safety analysis report updating.
(a) The-design, description of planned operations, and other infor-mation submitted in the Safety Analysis Report shall be updated by the licensee and submitted to the Commission at least once every six months after issuance of the license during final design and construction, until preoperational testing is completed, with final Safety Analysis Report completion and submittal to the Commission at least 90 days prior to the planned receipt of spent fuel or high-level radioactive waste.
The final submittal must include a final analysis and evaluation of the design and performance of structures, systems, and components that are important to safety taking into account any pertinent information developed since the submittal of the license application.
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[7590-01)
(b) After the first receipt of spent fuel or high-level radicactive waste for storage,.the Safety Analysis Report must be' updated annual'ly and submitted to the Commission by the licensee.
This submittal must include the following:
(1) New or revised information relating to applicable site evalua-tion factors, including the results of environmental monitoring programs.
(2) A description and analysis of changes in the structures, systems, and components of the ISFSI or MRS, with emphasis upon (i) performance requirements, (ii) the bases, with technical justification therefor upon which such requirements have been established, and (iii) evaluations show-ing that safety functions will be accomplished.
(3) An analysis of the significance of any changes to codes, stan-dards, regulations, or regulatory guides which the licensee has committed to meeting the requirements of which are applicable to the design, con-structiot, or operation of the ISFSI or MRS.
Material balance, inventory,'and records requirements for S 72.72 stored materials.
(a) Each licensee shall keep records showing the receipt, inventory (including location), disposal, acquisition, and transfer of all spent fuel and high-level radioactive waste in storage.
The records must include as a minimum the name of shipper of the material to the ISFSI or MRS, the estimated quantity of radioactive material per item (including special nuclear material in spent fuel), item identification and seal number, storage location, onsite movements of each fuel assembly or storage canister, and ultimate disposal.
These records for spent fuel at an ISFSI or for spent fuel and high-level radioactive waste at an MRS must be 88
LPAWFMG retained for as long'as the material is stored and for a period of five years after the material is disposed of or transferred out of the ISFSI or MRS.
(b) Each licensee shall conduct a physical _ inventory of all spent fuel and high-level radioactive waste in storage at intervals not to exceed 12 months unless otherwise directed by the Commission.
The licensee shall retain a copy of the current inventory as a record until the Commission terminates the license.
(c) Each licensee shall establish, maintain,'and follow written material control and accounting procedures that are sufficient to enable the licensee to account for material in storage.
The licensee shall retain a copy of the current material control and accounting procedures until the Commission terminates the license.
(d). Records of spent fuel and high-level radioactive waste in stor-age must be kept in duplicate.
The duplicate set of records must be kept at a separate location sufficiently remote from the original records that a single event would not destroy both sets of records.
Records of spent fuel transferred out of an ISFSI or of spent fuel or high-level radio-active waste transferred out of an MRS must be preserved for a period of five years after the date of transfer.
6 72.74 Reports of accidental criticality or loss of special nuclear material.
(a) Each licensee shall notify the NRC Operations Center 1 within one hour of discovery of accidental criticality or any loss of special nuclear material.
2 Commercial telephone number of the NRC Operations Center is (301)951-0550.
l e
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[7590-01]
i
~
(b) This notification must be made to the NRC Oparations Center via the EmergEicy Notification System if the licensee is party to that system.
If the Emergency Notification System 1.s inoperative or unavail-able, the licensee shall make the required notification via commercial telephonic service or any other dedicated telephonic system or any other i
method that will ensure that a report is received by the NRC Operations Center within one hour.
The exemption of S 73.21(g)(3) of this chapter applies to all telephonic reports required by this section.
(c) Reports required under S 73.71 of this chapter need not be duplicated under the requirements of this section.
S 72.76 Material status reports.
(a) Except as provided in paragraph (b) of this section, each licensee shall complete and submit to the Commission (on 00E/NRC Form-742, Material Balance Report) material status reports in accordance with the printed instructions for completing the form.
These reports must prov.ide information concerning the special nuclear material contained in the spent fuel possessed, received, transferred, disposed of, or lost by the licensee.
Material status reports must be made as of March 31 and September 30 of each year and filed within 30 days after the end of the period covered by the report.
The Commission may, when good cause is shown, permit a licen-see to submit material status reports at other times.
(b) 'Any licensee who is required to submit routine material status reports pursuant to S 75.35 of this chapter (pertaining to implementation of the US/IAEA Safeguards Agreement) shall prepare and submit such reports only as provided in that section instead of as provided in paragraph.(a) of this section.
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S 72.78. Nuclear material transfer reports.
(a)
Except as provided in paracjraph (b) of this section, whenever the licensee transfers or receives spent fuel, the licensee shall complete and distribute a' Nuclear Material Transaction Report on 00E/NRC Form-741 in accordance with printed instructions for completing the form.
Each ISFSI licensee who receives spent fuel from a foreign source shall complete both the-supplier's and receiver's portion of 00E/NRC Form-741, verify the identity of the spent fuel, and' indicate the results on the receiver's portion of the form.
-)
(b)
Any licensee who is required to submit inventory change reports on DOE /NRC Form-741 pursuant to S 75.34 of this chapter (pertaining to implementation of the US/IAEA Safeguards Agreement) shall prepare and sub-mit such reports only as provided in that section instead of as provided
.in paragraph (a) of this section.
S 72.80 Other records and reports.
(a) Each licensee shall maintain any records and make any reports I
that may be required by the conditions of the license or by the rules, regulations, and orders of the Commission in effectuating the purposes of the Act.
(b)
Each licensee shall furnish a copy of its annual financial report, including the certified financial statements, to the Commission.
(c) Records that are required by the regulations in this part or by the license conditions must be maintained for the period specified by the appropriate regulation or license condition.
If a retention period is not otherwise specified, the above records must be maintained until the
' Commission terminates the license.
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O (d) Any record that must be maintained pursuant to this part may be either the o'riginal or a. reproduced copy by any state of. the art method provided that any reproduced copy is duly authenticated by authorized personnel and is capable of producing a clear and legible copy after storage for the period specified by Commission regulations.
S 72.82 Inspections and tests.
(a) Each licensee under this part shall permit inspection by duly authorized representatives of the Commission of its records, premises, and activities and of spent fuel or high-level radioactive waste in its possession related to the specific license as may be necessary to effec-tuate the purposes of the Act, including section 105 of the Act.
(b) Each licensee under this part shall make available to the Commission for inspection, upon reasonable notice, records kept by the licensee pertaining to its receipt, possession, packaging, or transfer of spent fuel or high-level radioactive waste.
(c)(1) Each licensee under this part shall upon request by the Director, Office of Nuclear Material Safety and Safeguards or the appro-priate NRC Regional Administrator provide rent-free office space for the exclusive use of the Commission inspection personnel. Heat, air condi-tioning, light, electrical outlets and janitorial services shall be furnished by each licensee.
The office shall be convenient to and have full access to the installation and shall provide the inspector both visual and acoustic privacy.
(2) For a site with a single storage installation the space provided shall be adequate to accommodate a full-time inspector, a part-time secretary, and transient NRC personnel and will be generally 1
92
D%%A%J commensurate with other office facilities at the site.
A space of 250 sq. ft., either within the site's office complex or in an office trailer, or other onsite space, is suggested as a guide.
For sites containing multiple facilities, additional space may be requested to accommodate additional full-time inspectors.
The office space that is provided shall be subject to the approval of the Director, Office of Nuclear Material Safety and Safeguards or the appropriate NRC Regional Administrator.
All furniture,~ supplies and Commission equipment will be furnished by the Commission.
(3) Each licensee under this part shall afford any NRC resident inspector assigned to that site, or other NRC inspectors identified by the Regional Administrator as likely to inspect the installation, immediate unfettered access, equivalent to access provided regular plant em'ployces, following proper identification and co'mpliance with applicable access control measures for security, radiological protection, and personal cafety.
(d) Jach licensee shall perform, or permit the Commission to perform, such tests as the Commission deems appropriate or necessary for the administration of the regulations in this part.
(e) A report of the preoperational test acceptance criteria and test results must be submitted to the appropriate Regional Office speci-fied in Appendix A of Part 73 of this chapter with a copy to the Direc-tor, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, at least 30 days prior to the receipt of spent fuel or high-level radioactive waste.
93
[7590-01]'
S 72.84 Violations.
An injunction or other court order may be obtained prohibiting any
~
violation of any provision of the Atomic Energy Act of 1954, as amendad, or Title II of the Energy Reorganization Act of 1974, as amended, or any regulation or order issued thereunder.
A court order may be obtained for the payment of a civil penalty imposed pursuant to section 234 of the Atomic Energy Act for violation of Sections 53, 57, 62, 63, 81, or 82 of the Atomic Energy Act, or section 206 of the Energy Reorganization Act of 1974, or any rule, regulation, or order issued thereunder, or any term, I
condition, or limitation of an t license issued thereunder, or for any violation for which a license mt* be revoked under section 186 of the Atomic Energy Act.
Any person who willfully violates any provision of the Atomic Energy Act, or any regulation or order issued thereunder, may be guilty of a crime and, upon conviction, may be punished by fine or imprisonment or both, as provided by law.
Subpart E - Siting Evaluation Factors S 72.90 General considerations.
(a) Site characteristics that may directly affect the safety or environmental impact of the ISFSI or MRS must be investigated and assessed.
(b) Prop.osed sites for the ISFSI or MRS must be e-xamined with respect to the frequency and the severity of ex.ternal natural and man-induced events that could affect the safe operation of the ISFSI or MRS.
(c) Design basis external events must be determined for each combination of proposed t.ite and proposed ISFSI or MRS design.
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1 (d) Proposed sites with design basis external events for which adequate protection cannot be provided through ISFSI or MRS design shall be deemed unsuitable for the location of the ISFSI or MRS.
(e) Pursuant to Subpart A of Part 51 of this chapter for each.
proposed site for an ISFSI and pursuant to sections 141 or 148 of NWPA, as appropriate (96 Stat. 2241, 101 Stat. 1330-235, 42 U.S.C. 10161, 10168)
Ior each proposed site for an MRS,.the potential for radiological and other environmental impacts on the region must be evaluatad with due considera-tion of the characteristics of the~ population, includirig its distribution, and of the regional environs, including its historical and esthetic values.
(f) The facility must be sited so as to avoid to the extent possible the long-term and short-terre adverse impacts associated with the occupancy and modification of floodplains.
S 72.92 Design basis external natural events.
(a) Natural phenomena that may exist or that can occur in the region of a proposet site must be identified and assessed according to their potential effects on the safe operation of the ISFSI or MRS.
The important natural phenomene that affect the ISFSI or MRS design ::rast be identified.
(b) Records of the occurrence and severity of those important natural phenomena must be collected for the region and evaluated for reliability, accuracy, and completeness.
The applicant shall retain these records until the license is issued.
(c) Appropriate methods must be adopted for evaluating the design basis external natural events based on the characteristics o'f the region and the current state of knowledge about such events.
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9 72.94 Design basis external ran-induced events.
(a) The region must be examined for both past and present man-made I
facilities and activities that might endanger the proposed ISFSI or MRS.
The_important potential man-induced events that affect the ISFSI or MRS design must be identified.
(b)
Information concerning the potential occurrence and severity of such events must be collected and evaluated for reliability, accuracy, and completeness.
(c) Appropriate methods must be adopted for evaluating the design basis external man-induced events, based on the current state of know-ledge about such events.
S 72.96 Siting limitations.
(a) An ISFSI which is owned and operated by 00E must not be located at any site within which there is a candidate site for a HLW repository.
This limitation shall apply until such time as DOE decides that such can-didate site is no longer a candidate site under consideration for, development as a MLW repository.
(b) An MRS nust not be sited in any State in which there is located any site approved for site characterization for a HLW repository.
This limitation shall apply until such time as 00E decides that the candidate site is no longer a candidate site under consideration for development as a repository.
This limitation shall continue to apply to any site selected for construction as a repository.
(c)
If an MRS is located, or is planned to be located, within 50 miles of the first HLW repository, any Commission decision approvinc Re
~
96 l
first HLW repository application cust liait the quantity of spent fuel or high-level radicactive waste that may be stored.
This limitation shall prohibit the storage of a quantity of spent fuel containing in excess of 70,000 metric tons of heavy metal, or a quantity of solidified high-level radioactive waste resulting from the reprocessing of such a quantity of spent fuel, in both the repository and the MRS until cuch time as a second repository is in operation.
(d) An MRS authorized by section 142(b) of NWPA (101 Stat. 1330-232, 42 U.S.C. 10162(b)) may not to constructed in the State of Nevada.
The quantity of spent nuclear fuel or high-leyel radioactive waste that may be stored at an MRS authorized by section 142(b) of NWPA shall be subject to the limitations in S 72.44(g) of this part instead of the limitationg in paragraph (c) of this section.
S 72.98 Identifying regions around an ISFSI or MRS site.
(a) The regional extent of external phenomena, man-made or natural, that are used as a basis for the design of the ISFSI or MRS must be identified.
(b) The potential regional impact due to the construction, opera-tion or deccmmissioning of the ISFSI or MRS must be identified.
The extent of regional impacts must be determined on the basis of potential measurable effects on the population or the environment from ISFSI or MRS activities.
(c) Those regions identified pursuant to paragraphs (a) and (b) of this section must be investigated as appropriate with respect to (1) the i
present and future character and the distribution of population, (2) con-sideration of present and projected future uses of land and water within 97
.[7590-01)'
l
- the region, and-(3) any special characteristics that may influence the potential consequences of a release of radioactive material during the operational lifetime of the ISFSI or MRS.
5 72.100 Defining potential effects of the ISFSI or MRS on the. region.
(a) The proposed site must be evaluateJ with respect to.the effects on populations in the region resulting from the release of radioactive-materials under normal and accident conditions during operation and decommissioning of the ISFSI or MRS; in this evaluation both usual and unusual regional and site characteristics shall be taken into account.
(b) Each site must be evaluated with respect to the effects on the rc,fonal environment resulting from construction, operation, and decommis-sioning fcr the ISFSI or MRS; in this evaluation both usual and unusual regional and site characterist;cs must be taken into account.
S 72.102 Geological 9nd seismological characteristics.
(a)(1) East of the Rocky Mountain Front (east of approximately 104' west longitude), except in areas of known seismic activity including but not limited to the regions around New Madrid, M0, Charleston, SC, and Attica, NY, sites will be acceptable if the results frc,m onsite founda-tion and geological investigation, literature review, and regional geolog-ical reconnaissance show no unstable geological characteristics, soil stability problems, or potential for vibratory ground motion at the site in excess of an appropriate response spectrum anchored at 0.2 g.
(2) For those sites that have been evaluated under paragraph (a)(1) of this section that are east of the Rocky Mountain Front, and that are 98
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not in areas of kn i seismic activity, a standardized design earthquake (DE) described by an appropriate response spectrum anchored at 0.25 g may be used. Alternatively, a site-specific OE may be determined by using the criteria and level of investigations required by Appendix A of Part 100 of this chapter.
(b) West of the Rocky Mountain Front (west of approximately 104*
west longitude), and in other areas of known potential seismic activity, seismicity will be evaluated by the techniques of Appendix A of Part 100 of this chapter.
Sites that lie within the range of strong near-field ground motion from historical earthquakes on large capable faults should be avoided.
(c). Sites other tha bedrock sites must be evaluated for their liquefaction potential or other soil instability due to vibratory ground motion.
(d) Site-specific investigations and laboratory analyses must show that soil conditions are adequate for the proposed foundation loading.
(e) In an evaluation of alternative sites, those which require a minimum of engineered provisions to correct site deficiencies are prefer-red. Sites with unstable geologic characteristics should be avoided.
(f) The design earthquake (DE) for use in the design of structures must be determined as follows:
(1) For sites that have been evaluated under the criteria of Appen-dix A of 10 CFR Part 100, the OE must be equivalent to the safe shutdown earthquake (SSE) for a nuclear power plant.
(2) Regardless of the results of the investigations anywhere in the continental U.S., the DE must have a value for the horizontal ground motion of no less than 0.10 g with the appropriate response spectrum.
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$ 72.104 Criteria for radioactive materials in effluents and direct radiation from an ISFSI or HRS.
(a) During normal operations and anticipated occurrences, the annual dose equivalent to any real individual who is located beyond the controlled area must not exceed 25 arem to the whole body, 75 crem to the thyroid and 25 mrem to any other organ as a result of exposure to
-(1) planned discharges of radioactive materials, radon and its decay products excepted, to the general environment, (2) direct radiation from ISFSI or MRS operations, and (3) any other radiation from uranium fuel cycle operations within the region.
(b) Operational restrictions must be established to meet as, low as is reasonably achievable objectives for radioactive materials in efflu-ents and direct radiation levels associated with ISFSI or MRS operations.
(c) Operational limits must be established for radioactive mate-
\\
rials in effluents and direct radiation levels associated with ISFSI or MPS operations to meet the limits given in paragraph (a) of this section.
5 72.106 Controlled area of an ISFSI or MRS.
(a) For each ISFSI or MRS site, a controlled area must be established.
(b) Any individual located on or beyond the nearest boundary of the controlled area shall not receive a dose greater than 5 rem to the whole body or any organ from any design basis accident.
The minimum distance from the spent fuel or high-level radioactive waste handling and storage facilities to the nearest boundary of the controlled area shall be at least 100 meters.
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(c) The controlled area cay be traversed by a highway, railroad or waterway, so long as appropriate and effective arrangements are made to control traffic and to protect the public health and safety.
~
S 72.108 Spent fuel or high-level radioactive waste transportation.
The proposed ISFSI or MRS must be evaluated with respect to the i
potential impact on the environment of the transportation of spent fuel or high-level radioactive waste within the region.
Subpart F - General Design Criteria S 72.120 General considerations.
(a) Pursuant to the provisions of S 72.24, an application to store spent fuel in an ISFSI or to stcre spent fuel or high-level radioactive waste in an MRS must include the design criteria for the proposed storage installation.
These design criteria establish the design, fabrication, conscruction, testing, maintenance and performance requirements for structures, systems, ami components important to safety as defined in S 72.3.
The general design criteria identified in this subpart establish minimum requirements for the design criteria for an ISFSI or MRS.
Any omissions in the.se general design criteria do not relieve the applicant from the requirement of providing the necessary safety features in the design of the ISFSI or MRS.
l (b) The MRS must be designed to store either spent fuel or solid
~
high-level radioactive wastes.
Liquid high-level radioactive wastes may not be received or stored in an MRS.
If the MRS is a water pool type facility, the solidified waste form shall be a durable solid with demonstrable leach resistance.
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$ 72.122 Overall requirements.
1 (a) Quality Standards.
Structuras, systems, and components impor-tanttosafetymustbedesigned, fabricated, erected,andtestedtoqual-ity sta'ndards commensurate with the importance to safety of the function to be performed.
(b) Protection against environmental conditions and natural phenomena, (1) Structures, systems, and components important to safety must be designed to accommodat7 the effects of, and to be compatible with, site characteristics and environmental conditions associated with normal opera-tion, maintenance, and testing of the ISFSI or MR$ and to withstand postu-lated accidents.
(2) Structures, systems, and components important to safety must be designed to withstand the effects of natural phenomena such as earthquakes, tornadoes, lightning, hurricanes, floods, tsunami, and seiches, without impairing their capability to perform safety functions.
The design bases for these structures, systems, and components must reflect (i) appropriate consideration of the most severe of the natural phenomena reported for the site and surrounding area, with appropriate margins to take into account the limitations of the data and the period of time in which the data have accumulated, and (ii) appropriate combinations of the effects of normal j
and accident conditions and the effects of natural ph'enomena.
The ISFSI l
or MRS should also be designed to prevent massive collapse of building i
structures or the dropping of heavy objects as a result of building struc-tural failure on to the spent fuel or high-level radioactive waste or on to structures, systems, and components important to safety.
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(7590-01)
(3) Capability must be provided for determining the intensity of natural phenomena that may occur for comparison with design bases of structures, systems, and components important to safety.
(4)
If the ISFSI or MRS is located over an aquifer which is a major water resource, measures must be taken to preclude the transport of radioactive materials to the environment through this potential pathway.
(c) Protection against fires and explosions.
Structures, systems, and components important to safety must be designed and located so that they can continue to perform their safety functions effectively under credible fire and explosion exposure conditions.
Noncombustible and heat-resistant materials must be used wherever practical throughout the ISFSI or MRS, particularly in locations vital to the control of radioactive materials and to the maintenance of safety control functions.
Explosion and fire detection, alarm, and suppression systems shall be designed and 4
provided with sufficient capacity and capability to minimize the adverse effects of fires and explosions on structures, systems, and components important to safety.
The design of the ISFSI or MRS must include provi-sions to protect against adverse effects that might result from either the operation or the failure of the fire suppression system.
(d) Sharing of structures, systems, and components.
Structures, i
systems, and components important to safety must no,t be shared between an' ISFSI or MRS and other facilities unless it is shown that such sharing will not impair the capability of either facility to perform its safety functions, including the ability to return to a safe condition in the event of an accident.
103 i
[7590-01]
(e)
,roximity of sites.
An ISFSI or MRS located near other nuclear a
facilities must be designed and operated to ensure that the cumulative effects of their combined operations will not constitute an unreasonable risk to the health and safety of the public.
(f) Testing and maintenance of systems and components.
Systems and components that are important to safety must be designed to permit inspection, maintenance, and testing.
(g) Emeraency capability.
Structures, systems,'and components important to safety must be designed for emergencies.
The design must provide for accessibility to the equipment of onsite and av2ilable offsite emergency facilities and services such as hospitals, fire and police departments, ambulance service, and other emergency agencies.
(h) Confinement barriers and systems.
(1) The spent fuel cladding.must be protected during storage against degradation that leads to gross ruptures or the fuel must be otherwise confined such that degradation of the fuel during storage will not pose operational safety problems with respect to its removal from storage.
This may be accomplished by canning of consolidated fuel rods or unconsolidated assemblist or other means as appropriate.
(2) For underwater storage of spent fuel or high-level radioactive waste in which tne pool water serves as a shield and a confinement medium for radioactive materials, systems' for maintaining water purity and the pool water level must be oesigned so that any abnormal operations or i
failure in those systems from any cause will not cause the water level to fall below safe limits.
The design must preclude installations of drains, 104
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' permanently connected systers, and other. features that could, by abnormal operations or failure, cause a significant loss of-water.,' Pool water level equipment must be provided to alarm in a continuously asnned loca-tion if the water level in the' storage pools falls below a predetermined level.
(3) Ventilation systems and off gas systems must be provided where necessary to ensure the confinement of airborne radioactive particulate materials during normal or off-normal conditions.-
(4) Storage confinement systems must have the capability for con-tinuous monitoring in a manner such that the licensee will be able to oetermine when corrective action needs to be taken to maintain safe stor--
age conditions.
i i
(5) The high-level radioactive waste must be packaged in a mariner that allows handling and retrievability without the releari of radioactive mater'als to the environment or radiation exposures in excess of Part 20 limits.
The package must be designed to confine the high-level radio-active waste for the duration of the license.
(i) Instrumentation and control systems.
Instrumentation and control systems must be provided to monitor systems that are important to safety over anticipated ranges for normal operation and off-normal opera-tion.
Those instruments and control systems that must remain operational under accident conditions must ba identified in the Safety Analysis Report.
~
(j) Control room or control area.
A control room or control area, if appropriate for the ISFSI or MRS design, must be designed to permit occupancy and actions to be taken to monitor the ISFSI or MRS safely under i
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normal conditions, and to provide safe control of the ISFSI or MRS under off-normal or accident conditions.
(k) Utility or other services.
(1)
Each utility service system must be designed to meet emergency conditions.
The design of utility services and distribution systems that are important to safety must include redundant systems to the extent necessary to maintain, with adequate capacity, the ability to perform safety functions assuming a single failure.
(2) Emergency utility services must be designed to permit testing of the functional operability and capacity, including the full operational sequence, of each system for transfer between normal and emergency supply sources; and to permit the operation of associated safety systems.
(3) Provisions must be made so that, in the event of a los,s of the primary electric power source or circuit, reliable and timely emergency power will be provided to instruments, utility service systems, the central security alarm station, and operating systems, in amounts sufficient to allow safe storage conditions to be maintained and to permit continued functioning of all systems essential to safe storage.
(4) An ISFSI or MRS which is located on the site of another facility may share common utilities and services with such a facility and be physi-cally connected with the other facility; however, the. sharing of utilities and services or the physical connection must not significantly (i) increase the probability or consequences of an accident or malfunction of components, structures, or systems that are important to safety; or (ii) reduce the l
margin of safety as defined in the basis for any technical specifications of either facility.
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(1) Retrievability.
Storage systems must be designed to allow ready retrieval of spent fuel or high-level radioactive waste for further proces-sing or disposal.
9
$ 72.124 Criteria for nuclear criticality safety.
(a) Design for criticality safety.
Spent fuel handling, packaging, transfer, and storage systems must be designed to be maintained suberit-ical and to ensure that, before a nuclear criticality accident is possible, at least two unlike'.y, independent, and concurrent or sequential changes have occurred in the conditions essential to nuclear criticality safety.
The design of handling, packaging, transfer, and storage systems must include margins of safety for the nuclear criticality parameters that are commensurate with the uncertainties in the data and methods used in cal-culations and demonstrate safety for the handling, packaging, transfer and storage conditions and in the nature of the immediate environment under accident conditions.
(b) Methods of criticality control.
When practicable the design of an ISFSI or MRS must be based on favorable geometry, permanently fixed neutron absorbing materials (poisons), or both.
Where solid neutron absorbing materials are used, the design shall provide for positive means to verify their continued efficacy.
- (c) Criticality Monitorino.
A criticality monitoring system shall be maintained in each area where special nuclear material,is handled, used, or stored which will energize clearly audible alarm signals if acci-dental criticality occurs.
Underwater monitoring is not required when special nuclear material is handled or stored beneath water shielding, l
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[7590-01]
Monitoring of dry storage areas where special nuclear material is pack-aged in its stored configuration under a license issued under this sub-part is not required.
S 72.126 Criteria for radiological protection.
(a) Exposure control.
Radiation protection systems must be provided for all areas and operations where onsite personnel may be exposed to radiation or airborne radioactive materials.
Structures, systems, and components for which operation, maintenance, and required inspections may invo!va occupational exposure must be designed, fabri-cated, located, shielded, controlled, and tested so as to control exter-nal and internal radiation exposures to personnel.
The design must include means to:
(1) Prevent the accumulation of radioactive material in those systems requiring access; (2) Decontaminate those systems to which access is required; (3) Control access to areas of potential contamination or high radiation within the ISFSI or MRS;
)
(4) Measure and control contamination of areas requiring access; (5) Minimize the time required to perform work in the vicinity of radioactive components; for example, by providing sufficient space for ease of operation and designing equipment for ease of repair and replacement; and (6) Shield personnel from radiation exposure.
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[7590-01)
(b) Radiological alarm systems.
Radiological alarm systems must be provided in accessible work areas'as appropriste to warn operating person-nel of radiation and airborne radioactive material concentrations above a given setpoint and of concentrations of radioactive material in efflu-ents above control limits.
Radiation alarm systems must be designed with provisions for calibration and testing their operability.
(c) Effluent and direct radiation monitoring.
(1) As appropriate for the handling and storage system, effluent systems must be provided.
Means for measuring the amount of radionuclides in effluents during normal operations and under accident conditions must be provided for these systems.
A means of measuring the flow of the diluting medium, either air er water, must also be provided.
(2) Areas containing radioactive materials must be provided with systems for measuring the direct radiation levels in and around these areas.
(d) Effluent control.
The ISFSI or MRS must be designed to provide means to limit to levels as low as is reasonably achievable the release of radioactive materials in effluents during normal operations; and control the release of radioactive materials under accident conditions.
Analyses must be made to show that releases to the general environment during normal operations and anticipated occurrences will be within the exposure limits given in S 72.104.
Analyses of design basis accidents must be made to show that releases to the general environment will be within the exposure limits given in 5 72.106.
Systems designed to monitor the release of radioactive materials must have means for calibration and testing their operability.
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- $ 72.128 Criteria for spent fuel, high-level radioactive waste, and other radioactive waste storage and handling.
(a) Spent fuel and high-level radioactive waste storage and handling systems.
Spent fuel storage, high-level radioactive waste storage, and other systems that might contain or handle radioactive materials associated with spent fuel or high-level radioactive waste, must'be designed to ensure adequate safety under normal and accident. conditions.
These systems must be designed with (1) a capability to test and monitor components important J
to safety, (2) suit,able shielding for radiation protection under normal and accident conditions, (3) confinement structures and systems, (4) a heat-removal capability having testability and reliability consistent with 4
its importance to safety, and (5) means to minimize the quantity of radio-active wastes generated.
(b) Waste treatment.
Radioactive waste treatment facilities must be provided.
Provisions must be made for the packaging of site generated low-level wastes in a form suitable for storage onsite awaiting transfer to disposal sites, 5 72.130 Criteria for decommissioning.
r The ISFSI or MRS must be designed for decommissioning.
Provisions l
must be made to facilitate decontamination of structures and equipment, minimize the quantity of radioactive wastes and contaminated equipment, and facilitate the removal of radioactive wastes and contaminated mate-rials at the time the ISFSI or MRS is permanently decommissioned.
Subpart G--Quality Assurance
]
5 72.140 Quality assurance requirements.
(a) Purpose.
This subpart describes quality assurance requirements applying to design, purchase, fabrication, handling, shipping, storing, i
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As used in this subpart, "quality assurance" comprises all those planned and systematic actions necessary to provide adequate confidence that a structure, system, or component will perform satisfactorily in service.
Quality assurance includes quality control, which comprises those quality assurance actions related to control of the physical characteristics and quality of the material or component to pre-determined requirements.
(b) Establishment of program.
Each licensee 2 shall establish, main-tain, and execute a quality assurance program satisfying each of the appli-cable criteria of this subpart, and satisfying any specific provisions which are applicable to the licensee's activities.
The licensee shall exe-cute the applicable criteria in a graded approach to an extent that is com-mensurate with the importance to safety.
The quality assurance program must cover the activities identified in S 72.24(n) throughout the life of the licensed activity, from the site selection through decommissioning, prior to termination of the license.
(c) Approval of program.
Prior to receipt of spent fuel at the ISFSI or spent fuel and high-level radioactive waste at the MRS, each licensee shall obtain Commission approval of its quality assurance program.
Each licensee shall file a description of its quality assurance program, includ-ing a discussion,of which requirements of this subparc are applicable and 3While the term "licensee" is used in these criteria, the requirements are applicable to whatever design, construction, fabrication, assembly, and testing is accomplished'with respect to structures, systems, and components j
prior to the time a license is issued.
1 111 l
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how they will be satisfied, with the Director, Office of Nuclear Material and Safeguards, U.S. Nuclehr Regulatory Commission, Washington, DC 20555.
(d) Previously approved programs.
A Commission-approved quality assurance program which satisfies the applicable criteria of Appendix B to Part 50 of this chapter and which is established, maintained, and exe-cuted with regard to an ISFSI will be accepted as satisfying the require-ments of paragraph (b) of this section.
Prior to first use, the licensee shall notify the Director, Office of Nuclear Material Safety and Safeguards, U.S. Neclear Regulatory Commission, Washington, DC 20555, of its intent to apply its previously approved Appendix B program to ISFSI activities.
The licensee shall identify the program by date of submittal to the Commission, docket number, and date of Commission approval.
S 72.142 Quality assurance organization.
The licensee shall be responsible for the establishment and execu-tion of the quality assurance program.
The licensee may delegate to others, such as contractors, agents, or consultants, the work of estab-lishing and executing the quality assurance program, but shall retain responsibility for the program.
The licensee shall clearly establish and delineate in writing the authority and duties of persons and organiza-tions performing activities affecting the functions of structures, l
systems and components which are important to safety.
These activities incluae performing the functions associated with attaining quality objectives and the quality assurance functions.
The quality assurance
{
functions are (a) assuring that an appropriate quality assurance program is established and effectively executed and (b) verifying, by procedures such as checking, auditing, and inspection, that activities affecting the 112
i functions that are important to safety have been correctly perforced.
The persons and organizations performing quality assurance functions must have sufficient authority and organizational freedom to identify quality problems; to initiate, recommend, or provide solutions; and to verify implementation of solutions.
The persons and organizations performing quality assurance functions shall report to a management level that l
ensures that the required authority and organizational freedom, including sufficient independence from cost and schedule considerations when these considerations are opposed to safety considerations, are provided.
Because of the many variables involved, such as the number of personnel, the type of activity being performed, and the location or locations where activities are performed, the organizational structure for executing the quality assurance program may take various forms provided that the persons and organizations assigned the quality assurance functions have the required authority and organizational freedom.
Irrespective of the organizational structure, the individuai(s) assigned the responsibility for assuring effective executinn of any portion of the quality assurance program at any location where activities subject to this section are being performed must have direct access to the levels of management necessary to perform this function.
5 72.144 Quality assurance program.
(a) The licensee shall establish, at the earliest practicable time l
consistent with the schedule for accomplishing the activities, a quality assurance program which complies with the requirements of this subpart.
l The licensee shall document the q'ality assurance program by writton u
procedures or instructions and shall carry out the program in accordance 113
(7590-01) with these procedures throughout the period during which the ISFSI or MRS is licensed.
The licensee shall identify the structures, systems, and components to be covered by the quality assurance program, the major organizations participating in the program, and'the designated functions of these organizations.
(b) The licensee, through its quality assurance program, shall provide control over activities affecting the quality of the identified structures, systems, and components to an extent commensurate with the importance to safety, and as necessary to ensure conformance to the approved design of each ISFSI or MRS. The licensee shall ensure that activities affecting quality are accomplished under suitably controlled conditions.
Controlled conditions include the use of appropriate equip-ment; suitable environmental conditions for accomplishing "the activity, such as adequate cleanliness; and assurance that all prerequisites,for the given activity have been satisfied.
The licensee shall take into account the need for special controls, processes, test equipment, tools and skills to attain the required quality and the need for verification of quality by inspection and test.
(c) The licensee shall base the requirements and procedures of its quality assurance program on the following considerations concerning the i
complexity and proposed use of the structures, systems, or components:
(1) The impact of malfunction or failure of. the item on safety; (2) The design and fabrication complexity or uniqueness of the item; i
i (3) The need for special controls and surveillance over processes and equipment; O
114 l
(4) The degree to thich functional compliance can be demonstrated by inspection.or test; and (5) The quality history and degree of standardization of the item.
(d) The licensee shall provide for indoctrination and training of personnel performing activities.affecting quality as necessary to ensure that suitable proficiency is achieved and maintained.
The licensee shall review the status and adequacy of the quality assurance program at esta-blished intervals.
Management of other organizations participating in the quality assurance program shall regularly review the status and ade-quacy of that part of the quality assurance program which they are executing.
S 72.146 Design control.
(a) The licensee shall establish measures to ensure,that applicable regulatory requirements and the' design basis, as specified in the license application for those structures, systems, and components to which this section applies, are correctly translated into specifications, drawings, procedures, and instructions.
These measures must include provisions to ensure that appropriate quality standards are specified and included in design documents and that deviations from standards are controlled.
Measures must be established for the selection and review for suitability of application of materials, parts, equipment, and processes that are essential to the functions of the structures, systems, and components which are important to safety.
(b) The licensee shall establish measures for the identification and control of design interfaces and for coordination among participating design organizations.
These measures must include the establishment of 115
[7590-01) written procedures among participating design organizations for the review, approval, release, distribution, and revision of documents involving design interfaces.
The design control measures must provide for verifying or checking the adequacy of design, by methods such as design reviews, alternate or simplified calculational methods, or by a suitable testing program.
For the verifying or checking process, the licensee shall designate individuals or groups other than those who were responsible for the original design, but who may be from the same organi-Zation.
Where a test program is used to verify the adequacy of a specific design feature in lieu of other verifying or checking processes, the licenset shall include suitable qualification testing of a prototype or sample unit under the most adverse design conditions.
The licensee shall apply design control measures to items such as the following:
criticality physics, radiation, shielding, stress, thermal,, hydraulic, and accident analyses; compatibility of materials; accessibility for inservice inspection, maintenance, and repair; features to facilitate decontamina-tion; and delineation of acceptance criteria for inspections and tests.
(c) The licensee shall subject design changes, including field changes, to design control measures commensurate with those applied to the original design.
Changes in the conditions specified in the license require NRC approval.
S 72.148 Procurement document control.
The licensee shall establish measures to assure that applicable regulatory requirements, design bases, and other requirements which are necessary to assure adequate quality are included or referenced in the documents for procurement of material, equipment, and services, whether 4
3 116
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purchased by the licensee or by its contractors or subcontractors.
To the extent necessary, the licensee shall require contractors or subcon-tractors to provide a quality assurance program consistent with the appli-cable provisions of this subpart.
S 72.150 Instructions, procedures, and drawings.
The licensee shall prescribe activities affecting quality by docu-mented instructions, procedures, or drawings of a type appropriate to the circumstances and shall require that these instructions, procedures, and drawings be followed.
The instructions, procedures, and drawings must include appropriate quantitative or qualitative acceptance criteria for determining that important activities have been satisfactorily accomplished.
S 72.152 Document control.
The licensee shall establish measures to control the issuance of documents such as instructions, procedures, and drawings, including changes, which prescribe all activities affecting quality.
These measures must assure that documents, including changes, are reviewed for adequacy, approved for release by authorized personnel, and distributed and used at the location where the prescribed activity is per, formed.
These measures must ensure that changes to documents are reviewed and approved.
$ 72.154 Control of purchased material, equipment, and services.
(a) The licensee shall establish measures to ensure that purchased material, equipment and services, whether purchased directly or through contractors and subcontractors, conform to the procurement documents.
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These measures must include provisions, as appropriate, fcr source evalua-tion and selection, objective evidence of quality furnished by the con-tractor or subcontractor, inspection at the contractor or subcontractor source, and wxamination of products upon delivery.
(b) The licensee shall have available documentary evidence that material and equipment conform to the procurement specifications prior to installation or use of the material and equipment.
The licensee shall retain or have available this documentary evidence for the life of ISFSI or MRS.
The licensee shall ensure that the evidence is sufficient to identify the specific requirements met by the purchased material and equipment.
(c) The licensee or designee shall assess the effectiveness of the control of quality by contractors and subcontractors at intervals consistent with the importance, complexity, and quantity of the product or services.
5 72.156 Identification and control of materials, parts, and components.
The licensee shall establish measures for the identification and i
control of materials, parts, and components.
These measures must ensure that identification of the item is maintained by heat number, part number, serial number, or other appropriate means, either on the item or on records traceable to the item as required, throughout fabrication, installation, and use of the item.
These identification and control measures must be designed to prevent the use of incorrect or defective materials, parts, and components.
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L/b90-01J S 72.158 Control of special processes.
The licensee shall establish measures to ensure that special processes, including welding, heat treating, and nondestructive testing, are controlled and accomplished by qualified personnel using qualified procedures in accordance with applicable codes, standards, specifica-tions, criteria, and other special requirements.
S 72.160 Licensee inspection.
The licensee shall establish and execute a program for inspection of activities affecting quality by or for the organization performing the activity to verify conformance with the documented instructinns, proce-dures, and d-sings for accomplishing the activity.
The inspection must be performed iy individuals other than those who performed the activity being' inspected.
Examinations, measurements, or tests of material or products processed must be performed for each work operation where l
necessary to assure quality.
If direct inspection of processed material or products cannot be carried out, indirect control by monitoring processing methods, equipment, and personnel must be provided.
Both
)
inspection and process monitoring must be provided when quality control is inadequate without both.
If mandatory inspection hold pr,ints, which require witnessing or inspecting by the licensee's designated representa-tive and beyond which work should not proceed without the consent of its designated representative, are required, the specific hold points must be indicated in appropriate documents.
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$ 72.162 Test control.
The licensee shall establish a test program to ensure that all testing required to demonstrate that the structures, systems, and compo-nents will perform satisfactorily in service is identified and performed in act:ordance with written test procedures that incorporate the require-ments of this part and the requirements and acceptance limits contained in the ISFSI or MRS license.
The test procedures must include provisions for assuring that all prerequisites for the given test are met, that ade-quate test instrumentation is available and used, and that the test is performed under suitable environmental conditions.
The licensee shall i
document and evaluate the test results to ensure that test requirements have been satisfied.
S 72.164 Control of measuring and test equipment.
The licensee shall establish measures to ensure that tools, gauges.
instruments, and other measuring and testing devices used in activities i
affecting quality are properly controlled, calibrated, and adjusted at specified periods to maintain accuracy within necessary limits.
5 72.166 Handling, storage, and shipping control.
The licensee shall establish measures to control, in accordance with work and inspection instructions, the handling, storage, shipping, clean-ing, and preservation of materials and e,quipment to prevefit damage or deterioration.
When necessary for particular products, special protective environments, such as inert gas atmosphere, and specific moisture content i
and temperature levels must be specified and provided.
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[7590 01) 5 72.168 Inspection, test, and operating status.
(a) The licensee shall establish measures to indicate, by the use of markings such as stamps, tags, labels, routing cards, or other suit-able means, the status of inspections and tests performed upon individual items of the ISFSI or MRS.
These measures must provide for the identifi-cation of items which have satisfactorily passed required inspections and tests where necessary to preclude inadvertent bypassing of the inspections and tests.
(b) The licensee shall establish measures to identify the operating status of structures, systems, and components of the ISFSI or MRS, such as tagging valves and switches, to prevent inadvertent operation.
S 72.170 Nonconforming materials, parts, or components.
The licensee shall establish measures to control materials, parts, or components that do not conform to the licensee's requirements in order l
to prevent their inadvertent use or installation.
These measures must include, as appropriate, procedures for identification, documentation, segregation, disposition, and notification to affected organizations.
Nonconforming items must be reviewed and accepted, rejected, repaired, or reworked in accordance with documented procedures.
5 72.172 Corrective action.
The licensee shall establish measures to ensure that conditions adverse to quality, such as failures, malfunctions, deficiencies, devia-tions, defective material and equipment, and nonconformances, are promptly i
identified and corrected.
In the case of a significant condition adverse l
to quality, the measures must ensure that the cause of the condition is l
121
.(7590-01) determined and corrective action is taken to preclude repetition.
The identification of the significant condition adverse to quality, the cause of the condition, and the corrective action taken must be documented and reported to appropriate levels of management.
S 72.174. Quality assurance records.
The licensee shall maintain sufficient records to furnish evidence of activities affecting quality.
The records must include the following:
design records, records of use and the resultt 9f revirvs. inspections, tests, audits, monitoring of work performance, and materials analyses.
The records must include closely related data such as qualificatione of personnel, procedures, and equipment.
Inspection and test records must, at a minimum, identify the inspector or data recorder, the type of observa-tion, the results, the acceptability, and the action taken in connection with any noted deficiencies.
Records must be identifiable and retrievable.
Records pertaining to the design, fabrication, erection, testing, main-tenance, and use of structures, systems, and components important to safety shall be maintained by or under the control of the licensee until I
the Commission terminates the license, i
S *i2.176 Audits.
1 The licensee shall carry out a comprehensive system of planned and
)
periodic audits to verify compliance with all aspects of the quality assur-t i
ance program and to determine the effectivenesh of the program.
The audits must be performed in accordance with written procedures or checklists by j
appropriately trained personnel not having direct responsibilities in the I
i l
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.[7590-01]
a, c u. )eing audited.
Audited results must ta documented and reviewed by management having responsibility in the area' audited.
Follow-up action,.
including re-audit of de"icient areas, must be taken where indicated.
Subpart H--Physical Protection S 72.180 Physical security plan.
The licer.:ee shall establish a detailed plan for security measures for physical protection.
The licensee shall retain a copy of the current plan as a record until the Commission terminates the license for which the procedures were developed and, if any portion of the plan is superseded, retain the sLperseded material for three years af ter each change.
This plan must consist of two parts.
Part I mt.,
demonstrate how the applicant i
plans to comply ith the applicable requirements of Part 73 of this chapter and during transportation to and from the propbsed ISFSI or MRS and must include the design for physical protection and the licensee's safeguards contingency plan and guard training plan.
Part II must list tests, inspec-tions, audits, and other means to be used to aemonstrate compliance with such requirements.
i I
5 72.182 Design for physical protection.
The design for physical protection must show the site layout and the l
design features provided to protect the ISFSI or MRS from sabotage.
It must include:
(a) The design criteria 'or the physical protection of the proposed ISFSI or MRS; (b) The design bases and the relation of the design bases to the design criteria submitted pursuant to paragraph (a) of this section; and 123
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[7590-01)
(c)
Information relative to materials of construction, equipment, general arrangement, and proposed quality assurance program sufficient to provide reasonable assurance that the final securi,ty system will conferm to the design bases for the principal design criteria submitted pursuant to paragraph (a) of this section.
S 72.184 Safeguards contingency plan.
(a) The requirements of the licensee's safeguards contingency plan for dealing with threats and radiological sabotage must be as defined in S 73.40(b) of this chapter.
This plan must include Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix, the
- 1 first four categories of information relating to nuclear facilities licensed under Part 50 of this chapter.
(The fifth category of informa-tion, Procedures, does not have to be submitted for approval.)
(b) The licensee shall prepare and maintain safeguards contingency plan procedures in accordance with Appendix C to 10 CFR Part 73 for effect-ing the actions and decisions contained in the Responsibility Matrix of the licensee's safeguards contingency plan.
The licensee shall retain a copy of the current pricedures as a record until the Commission terminates the license for which the procedures were developed and, if any portion of the procedures is superseded, retain the superseded material for three years after each change.
S 72.186 Change to physical security and safeguards contingency plans.
(a) The licensee shall make no change that would decrease the safe-guards effectiveness of the physical security plan, guard training plan.
or the first four categories of'information (Background, Generic Planning 124
,,..7,,,.--
~..,. +
_r..-.-
tP w 'M Roj Base, Licensee Planning Base, and Responsibility Matrix) contained in the o
licensee safeguards contingency plan without prior approval of the Commission.
A licensee desiring to make a change must submit an applica-tion for a license amendment pursuant to S 72.56.
(b) The licensee may, without prior Commission approval, make changes to the physical security plan, guard train.ing plan, or the safeguards contingency plan, if the changes do not decrease the safeguards effective-ness of these plans.
The licensee shall maintain records of changes to any such plan made without prior approval for a period of three years from the date of the change and shall furnish to the Regional Administrator of the appropriate NRC Regional Office specified in Appendix A of Part 73 of this chapter, with a copy to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, a report containing a description of each change within two months after the change is made.
Subpart I--Training and Certification of Personnel S 72.190 Operator requirements.
Operation of equipment and controls that have been identified as important to safety in the Safety Analysis Report and in the license must be limited to trained and certified personnel or be under the direct visual supervision of an individual with training and certification in the opera-tion.
Supervisory personnel who personally direct the operation of equip-ment and controls that are important to safety must also be certified in such operations.
125
S 72.192 Operator training and certification program.
The applicant for a license ~under this part shall establish a progran for training, proficiency testing, and certification of ISFSI or MRS per-sonnel.
This program must bc submitted to the Commission for approval with the license application.
6 72.194 Physical requirements.
The physical condition and the general health of personnel certified for the operation of equipment and controls that are important to safety must not be such as might cause operational errors that could endanger other in plant personnel or the public health and safety.
Any condition that might cause impaired judgment or motor coordination must be con-sidered in the selection of personnel for activities that are important to safety.
These cond'itions need not categorically disqualify a person, if appropriate provisions are made to accommodate such defect.
Subpart J--Provision of MRS Information to State Governments and Indian Tribes i
S 72.200 Provision of MRS information, j
(a) The Director, Office of Nuclear Material Safety and Safeguards, or the Director's designee shall provide to the Governor and legislature of any State in which an MRS authorized under the Nuclear Waste Policy Act of 1982, as amended, is or may be located, to the Governors of any contiguous States, to each affected unit of local government and to the goverring body of any affected Indian tribe, timely and complete informa-tion regarding determinations or plans made by the Commission with respect 126 l
D590-01]
to siting, development, design, licensing, construction, operation, regulation or decommissioning of such monitored retrievable storage facility.
(b) Notwithstanding paragraph (a) of this section, the Director or the Director's designee is not required to distribute any document to any entity if, with respect to such document, that entity or its counsel is included on a service list prepared pursuant to Part 2 of this chapter.
(c) Copies of all communications by the Director or the Director's designec under this section shall be placed in the Commi.sion's Public Document Room and shall be furnished to DOF.
S 72.202 Participation in license reviews.
State and local governments and affected Indian tribes may participate in license reviews as provided in Subpart G of Part'2 of this chapter.
S 72.204 Notice to States.
If the Governor and legislature of a State have jointi.u ?tsignated on their bt alf a single person or entity to receive notice and information from the Commission under this part, the Commission will provide such notice and information te the jointly designated person or entity instead of the Governor and the legislature separately.
S 72.206 Representation.
Any person who acts under this subpart as a representative for a State (or for the Governor or legislature thereof) or for an affected Indian tribe shall include in the request or other submission, or at the request of the Commission, a statement of the basis of his or her authority tu act in such reprasentative capacity.
127
[7590-01]
The following conforming amendments are also made to other parts of the Commission's regulations in Chapter 1, Title 10 of the Code of Federal. Regulations.
PART 2 - RULES OF PRAC7 ICE FOR DOMESTIC LICENSING PROCEEDINGS 2.
The authority citation for Part 2 is revised to read as follows:
Authority:
Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241);
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 102, Pub. L.91-190, 83 Stat.
853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239).
Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239).
Sections 2.200-2.206 also issued under secs. 186, 234, 68 Stat. 965, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846).
Sec-tions 2.600-2.606 also issued under sec.102, Pub. L.91-190, 83 Stat.
853 as amended (42 U.S.C. 4332).
Sections 2.700a 2.719 also issued under 5 U.S.C. 544.
Sections 2.754, 2.760, 2.770 also issued under 5 U.S.C. 557.
Section 2.764 and Table 1A of Appendix C also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552.
Sections 2.800 and 2.808 also issued under 5 U.S.C.'553, 128
(7590-01)
Section 2.809 also issued under 5'U.S.C. 553 and'sec. 29, Pub. L.85-256, 71 Stat. 579, as amended (42 U.S.C. 2039).
Subpart K also issoed 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).
Appendix A also issued under sec. 6, Pub. L.91-560, 84 Stat. 1473 (42 U.S.C. 2135).
Appendix B also issued under sec. 10, Pub. L.99-240, 99 Stat. 1859 (42 U.S.C. 2021j'.
3.
In S 2.104, paragraph (e) is revised to read as follows:
$ 2.104 Notice of hearing.
(e) The Secretary will give timely notice of the hearing to all parties and to other persons, if any, entitled by law to notice.
The Secretary will transmit a notice of hearing on an application for a license for a production o'r utilization facility, for a license for receipt of waste radioactive material from other persons for the purpose i
of commercial disposal by the waste disposal licensee, for a license under Part 61 of this chapter, for a' license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to Part 60 of this chapter, and for a license under Part 72 of this chap-ter to acquire, receive or possess spent fuel for the purpose of storage in an independent spent fuel storage installation (ISFSI) to the governor or other appropriate official of the State and to the chief executive of the municipality in which the facility is to be located or the activity is to be conducted or, if the facility is not to be located or the activ-ity conducted within a municipality, to the chief executive of the county (or to the Tribal organization, if it is to be so located or cenaceted 129
[7591-@l]
l I
within an Indian reservation).
The Secretary will transmit a notice of her:ing on an application for a license under Part 72 of this chapter to acquire, receive or possess spent fuel, high-level radioactive waste or radioactive material associated with high-level radioactive waste for the l
purpose of storage in a monitored retrievable storage installation (MRS) to the same persons who received the notice of docketing under S 72.16(e) of this chapter.
4.
In S 2.105, paragraph (a) is amended by deleting the word "or" at the end of paragraph (6), by redesignating paragraphs (7), (8) and (9) as paragraphs (9), (10) and (11) and by adding new paragraphs (7) and (8) to read as follows:
6 2.105 Notice of proposed action.
(a)
(7) A license under Part 72 of this chapter to acquire, receive or possess spent fuel for'the purpose of storage in an independent spent fuel storage installation (ISFSI) or to acquire, receive or possess spent fuel, high-level radioactive waste or radioactive material associated with high-lever radioactive waste for the purpose of storage in a monitored retriev-able storage installation (MRS);
(8) An amendment to a license specified in paragraph (a)(7) of this section when such an amendment presents a genuine issue as to whether the health and safety of the public will be sigr..ficantly affected; or l
a a
=
i 130
[7590-Oj 5.
In S 2.764, paragraph (c) is revised to read as follows:
S 2.764 Immediate effectiveness of init'.al decision directing issuance or amendment of construction permit or opcrating license.
a (c) An initial r.ecision directing the issuance of an initial license for the construction and operation of an independent spent fuel storage installation (ISFSI' or mer. tored retrievable storage installation (MRS) under 10 CFR Part 72 shall become effective only upon order of the Commission.
The Dire 6 tor of Nuclear Material Safety and Safeguards shall not issue an initial license for the construction and operation of an independent spent fuel storage installation (ISFSI) or a monitored retriev-able storage installation (MRS) under 10 CFR Part.72 until expressly authorized to do so by the Commission.
A A
A R
R 6.
In Appendix C, Table 1A, is revised to read as follows:
Appendix C - General Statement of Policy *~d Procedure for NRC Enforcement Actions a
a e
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(7590-01]
\\
Table 1A -- Bare Civil Penalties Plant' Operations, construc-Transportation tion, health Safeguards Greater Type A 1
physics and than Type A quantity or and EP quantity 1 less -
2 a.
Power reactors
$100,000
$100,000
$100,000
$5,000 b.
Test reactors 10,000 10,000 10,000 2,000 c.
Research reactors and critical facilities 5,000 5,000 5,000 1,000 d.
Fuel fabricators and industrial 3
processors 25,000 100,0004 25,000 5,000 e.
Mills and uranium conversion facilities 10,000 5,000 2,000 f.
Industrial users of materia 15 10,000 5,000 2,000 g.
Waste disposal licensees 10,000 5,000 2,000 h.
Academic or medical institutions 6 5,000 2,500 1,000 i.
Independent spent fuel and monitored retrievable storage installations 25,000 100,000 25,000' 5,000 j.
Other material licensees 1,000 2,500 1,000 IIncludes irradiated fuel, high level waste, unirradiated fissile material and ar.y other quantities requiring Type B packaging.
2 Includes low specific activity waste (LSA), low level waste, Type A packages, and excepted quantities and articles.
3 Large firms engaged in manufacturing (or distribution of byproduct, source, or special nuclear material.
4This amount refers to Category 1 licensees (or defined in 10 CFR 73.2(bb)).
Licensed fuel fabricators not authorized to possess Category 1 mateiial have a base penalty amount of $50,000.
5 Includes industrial radiographers, nuclear pharmacies, and other industrial users..
sThis applies to nonprofit institutions not otherwise categorized under sections "a" through "g" in this table. ~
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PART 19 - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS 7.
The authority citation for Part 19 is revised to read as follows:
Authority:
Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930, 933, 4
935, 936, 937, 948, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.2073, 2093, 2111, 2133, 2134, 2201, 2236, 2282); sec. 201, 88 Stat. 1242, as amended (42 U.S.C 5841).
Pub. L.'95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); SS 19.11(a), (c), (d), and (e) and 19.12 are issued under sec.
161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and SS 19.13 and 19.14(a) are issued under sec. 161o, 66 Stat. 950, as amended (42 U.S.C.
2201(o)).
8.
Section 19.2 is revised to r.!ad as follows:
S 19.2 Scope.
The regulations in this part apply to all persons who receive, possess, use, or transfer material licensed by the Nuclear Regulatory Commission pursuant to the regulations in Parts 30 through 35, 39, 40, 60, 61, 70, or 72 of this chapter, including persons licensed to operate a production or utilization facility pursuant to Part 50 of this chapter.
9.
In S 19.3, paragraph (d) is revise 6'to read as follows:
S 19.3 Definitions.
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(d) "License" means a license issued under the regulations in Parts 30.through 35, 39, 40, 60, 61, 70, or 72 of this chapter, including licenses to operate a prodaction or utilization facility pursuant to Part 50 of this chapter.
"Licensee" means the holder of such a license.
A A
A A
PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION 1
10.
The authority citation for Part 20 is revised to read as follows:
Authority:
Secs. 53, 63, 65, 81, 103, 104, 161, 68 Stat. 930, 933, 935, 936, 937, 948, as amended (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 20.408 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
For the purposes of sec. 223, 68 Stat. 958, as amended. (42 U.S.C.
2273), SS 20.101, 20.102, 20.103(a), (b), and (f), 20.104(a) and (b),
20.105(b), 20.106(a), 20.201, 20.202(a), 20.205, 20.207, 20.301, 20.303, 20.304, and 20.305 are issued under sec.161b, 68 Stat. 948, as amended, (4? U.S.C. 2201(b)); and SS 20.102, 20.103(e), 20.401-20.407, 20.408(b) and 20.409 are issued under sec. 161o, 68 Stat. 950, as amended, (42 U.S.C. 2201(o)).
134
[7590-01]
11.
Section 20.2 is revised to read as follows:
S 20.2 Scope.
The regulations in this part apply to all persons who receive, possess, use, or transfer material licensed pursuant to the regulations in Parts 30 through 35, 39, 40, 60, 61, 70, or 72 of this chapter, including persons licensed to operate a production or utilization facility pursuant to Part 50 of this chapter.
12.
In S 20.408, paragraph (a)(5) is. revised to read as follows:
S 20.408 Reports of personnel monitoring on termina. tion of employment or work.
(a) This section applies to each person licensed by_the Commission to:
A A
A A
A (5) Possess spent fuel in an independent spent fuel storage
,allation (ISFSI) or possess spent fuel or high level radioactive waste in a monitored retrievable storage installation (MRS) pursuant to Part 72 of this chapter; or A
A A
A A
PART 21 - REPORTING OF DEFECTS Atl0 NONCOMPLIANCE 13.
Tha authority citation fo'r Part 21 is revised to read as follows:
Authority:- Sec. 161, 68 Stat. 948, as amended, sec. 234, 83 Stat 444, as amended, (42 U.S.C. 2201, 2282); secs. 201, as amended, 206, 88 Stat 1242, as amended, 1246 (42 U.S.C. 5841, 5846).
135 4
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Sec. 21.2 also issued under~ secs. 135, 141, Pub. L.97-425,.96 Stat.
2232, 2241 (42 U.S.C. 10155,-10161).
For the purposes of-sec. 223, 68 Stat. 9$8,.as amended (42 U.S.C.
2273); $5#21.6, 21.21(a)'and 21.31 are issued under sec. 161b, 68 Stat.
948, as amended (42 U.S.C. 2201(b)); and SS 21.21, 21.41 and 21.51 are issued under sec. 161o, 68 5 tat. 950, as amended (42 U.S.C. 2201(o)).
l 14.
Section 21.2 is revised to read as follows:
I S 21.2 Scope.
The regulations in this part apply, except as specifically provided otherwise in Parts 31, 34, 35, 39, 40, 60, 61, 70, or 72 of this chapter, to each individual, par,tnership, corporation, or other entity licensed pursuant to the regulations in this chapter to possess, use, and/or transfer within the United States source material, byproduct material, special nuclear material, and/or spent fuel and high-level. radioactive waste, or to construct, manufacture, possess, own, operate and/or transfer within the United States, any production or utilization facility, or independent spent fuel storage installation (ISFSI) or monitored retrievable storage installation (MRS), and to each director (see $ 21.3(f)) and responsible officer (see 8 21.3(j)) of such a licensee.
The regulations in this part 3 ply also to each individual, corporation, partnership or other entif y doing business 'within the United States, and each director and responsible officer of such organization that constructs (see 8 21.3(c)) a production or utilization facility licensed for manufacture, construction or operation (see 9 21.3(h))
pursuant to Part 50 of this chapter, an independent spent fuel storage installation (ISFSI) for the storage of spent fuel licensed pursuant to 136
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Part 72 of this chapter or a monitored retrievable storage installation (MRS) for the storage of spent fuel or high-level radioactive waste li-censed pursuant to Part 72 of this chapter, or supplies (see S 21.3(1))
basic components (see S 21.3(a)) for a facility or activity licensed, other than for export, under Parts 30, 39, 40, 50, 60, 61, 70, 71, or 72 of this chapter.
Nothing in these regulations should be deemed to preclude either an individual or a manufacturer / supplier of a commercial grade item (see 6 21.3(a-1)) not subject to the regulations in this part from reporting to the Commission a known or suspected defect or failure to comply and, as authorized by law, the identity of anyone so reporting will be withheld from disclosure.1 PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS 15.
The authority citation for Part 51 is revised to read as follows:
Authority:
Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);
secs. 201, as amended, 202, 88 3 tat. 1242, as amended, 1244 (42 U.S.C.
5841, 5842).
INRC Regional Offices will accept collect telephone calls from individuals who wish to speak to NRC representatives concerning nuclear safety-related problems.
The location and telephone numbers (for nights and holidays as well as regular hours) are listed below:
Region:
I (Philadelphia)...
...... (215) 337-5000 II (Atlanta)..
...... (404) 331-4503 III (Chicago)..
...... (312) 790-5500 IV (Dallas)...
...... (817) 860-8100 IV Uranium Recovery Field Office (Denver).. (303) 236-2805 V
(San Francisco)..
..... (415) 943-3700 137
(7590-01]
Subpart A also issued under National. Environmental Policy Act of 1969, sect
'92, 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. 1330-235 (42 U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021).
16.
In S 51.20, paragraph (b)(9) is revised to read as follows:
S 51.20 Criteria for and identification of licensing and regulatory actions requiring environmental impact statements.
A A
A A
A (b) The following types of actions require an environmental impact statement or a supplement to an environmental impact statement:
A A
A A
A (9) Issuance of a license pursuant to Part 72 of this chapter for the storage of spent fuel in an independent spent, fuel storage installa-tion (ISFSI) at a site not occupied by a nuclear power reactor, or for the storage of spent fuel or high-level radioactive waste in a monitored retrievable storage installation (MRS).
i A
17.
In S 51.30, a new paragraph (c) is added to read as follows:
S 51.30 Environmental assessment.
A A
A A
A (c) An environmental assessment for a proposed action regarding a monitored retrievable storage installation (MRS) will not address the need for the MRS or any alternative to the design cr'iteria for an MRS 138
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set forth in section 141(b)(1) of the Nuclear Waste Policy Act of 1982 (96 Stat. 2242, 42 U.S.C. 10161(b)(1)).
18.
In S 51.60, paragraphs (a), (b)(1)(iii) and (b)(4) are revised to read as follows:
S 51.60 Environmental report - materials licenses.
(a) Each applicant for a license or other form of permission, or an amendment to or renewal of a license or other form of permission issued pursuant to Parts 30, 32, 33, 34, 35, 39, 40, 61, 70 and/or 72 of this chapter, and covered by paragraphs (b)(1) through (b)(6) of this section, shall submit with its application to the Director of Nuclear Material Safety and Safeguards the number of copies, as specified in S 51.66, of a separate document, entitled "Applicant's Environmental Report" or "Supplement to Applicant's Environmental Repo.t," as appropriate.
The "Applicant's Environmental Report" shall contain the information specified in S 51.45.
If the application is for an amendment to or a renewal of a license or other form of permission for which the applicant has previously submitted an environmental report, the supplement to applicant's environmental report may be limited to incorporating by reference, updating or supplementing the information previously submitted to reflect any significant environmental change, including any signif-icant environmental change resulting from operational experience or a change in operations or proposed decommissioning activities.
If the applicant is the U.S. Department of Energy, the environmental report may be in the form of either an environmental impact statement or an environ-mental assessment, as appropriate.
(b)
(1) ***
139
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(iii) Storage of spent fuel in an independent spent fuel storage installation (ISFSI) or the storage of spent fuel,or high-level radio-actfve waste in a monitored retrievable storage installation (MRS) pursuant to Part 72 of this chapter.
A A
A A
(4) Amendment of a license to authorize the decommissioning of an independent spent fuel storage installation (ISFSI) or a monitored retrievable storage installation (MRS) pursuant to Part 72 of this chapter.
19.
Section 51.61 is revised to read as follows:
S 51.61 Environmental report - independent spent fuel storage installation (I',FSI) or monitored retrievable storage installation (MRS) license.
Er.ch applicant for issuance of a license for storage of spent fuel in an independent spent fuel storage installation (ISFSI) or for the storage of spent fuel and high-level radioactive waste in a monitored retrievable storage installation (MRS) pursuant to Part 72 of this chapter shall submit with its application to the Director of Nuclear Material Safety and Safeguards the number of copies, as specified in S 51.66, of a separate document entitled "Applicant's Environmental Report - ISFSI License" or "Applicant's Environmental Report - MRS License," as appropriate.
If the applicant is the U.S. Department of Energy, the environmental report may be in the form of either an envi-ronmental impact statement or an environmental assessment, as appro-priate.
The environmental report shall contain the information specified in S 51.45 and shall address the siting evaluation factors contained in Subpart E of Part 72 of this chapter.
Unless otherwise required by the 140 1
[7590-01]
Commission, in accordance with the generic determination in S 51.23(a) and the provisions in S 51.23(b), no discussion of the environmental impact of the storage of spent fuel at an ISFSI beyond the term of the license or amendment applied for is required in an environmental report submitted by an applicant for an initi, ' license.for storage of spent fuel in an ISFSI, or any amendment ther 20.
In 5 51.80, paragraph (b) is revised to read as follows:
S 51.80 Draft environmental impact statement - materials license.
A A
A A
A (b)(1)
Independent spent fuel storage installation (ISFSI).
Unless otherwise determined by the Commission and in accordance with the generic determination in S 51.23(a) and the provisitans of S 51.23(b), a draf t environmental impact statement on the issuance of an initial license for storage of spent fuel at an independent spent fuel storage installation (ISFSI) or any amendment thereto, will address environmental impacts of spent fuel only for the term of the license or amendment applied for.
(2) Monitored retrievable storage installation (MRS).
As provided in sections 141(c), (d), and (e) and 148(a) and (c) of the Nuclear Waste Policy Act of 1982, as amended (NWPA) (96 Stat. 2242, 2243, 42 U.S.C.
10161(c), (d), (e); 101 Stat. 1330-235, 1330-236, 42 U.S.C. 10168(a) and j
(c)), a draft environmental impact statement for the construction of a-i monitored retrievable storage installation (MRS) will not address the need for the HRS or any alternative to the design criteria for an MRS set forth in section 141(b)(1) of the NWPA (96 Stat. 2242, 42 U.S.C. 10161(b)(1))
but may consider alternative facility designs which are consistent with these design criteria.
141
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[7590-01]-
4 21.
In S 51.97, a new paragraph (b) is added to read as follows.
S 51.97 Final environmental impact statement - materials license.
A A
A (b) Monitored retrievable storage facility (MRS).
As provided in j
sections 141(c), (d), and (e) and 148(a) and (c) of tha Nuclear Waste Policy Act of 1982, as amended (NWPA) (96 Stat. 2242, 2243, 42 U.S.C.
10161(c), (d), (e); 101 Stat. 1330-235, 1330-236, 42 U.S.C. 10168(a),
j (c)) a final environmental impact statement for the construction of a monitored retrievable storage installation (MRS) will not address the need for the MRS or any alternative to the design criteria for an MRS set forth in section 141(b)(1) of the NWPA (96 Stat. 2242, 42 U.S.C.
10161(b)(1)) but may consider alternative facility designs which are consistent with these design criteria.
5 22.
The references to SS 72.11, 72.20 and 72.31(b) in,the second 1
WW I
sa i
,e sentence of paragraph (a)(2) of S 51.101 are redesignated respectively as SS 72.16, 72.34 and 72.40(b).
- [ S/. JOI [s4 mend'ecl]
PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 23.
The authority citation for Part 70 is revised to read as follows:
Authority:
Sections 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat.
1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L. 97 '425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section I
142
[7590-01]
3 4
70.7 also_ issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C.
5851).
Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C. 2077).
Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended _(42 U.S.C. 2234).
Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236,.2237).
Section 70.62 also issued under sec.108, 68 Stat. 939 as amended j
(42 U.S.C. 2138).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); SS 70.3, 70.19(c), 70.21(c), 70.22(e), (b), (d)-(k), 70.24 (a) 4 i
and (b), 70.32 (a)(3), (5) and (6), (d), and (i), 70.36, 70.39 (b) and (c), 70.41(a), 70.42(a) and (c), 70.56, 70.57 (b), (c), and (d), 70.58 (a)-(g)(3), and (h)-(j) are issued under sec. 161b, 68 Stat. 948 as amended (42 U.S.C. 2201(b)); SS 70.7, 70.20a (a) and (d), 70.."Ob (c) and (e), 70.21(c), 70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), 70.58 (a)-(g)(3) and (h)-(j) are df f
jM issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and f
- y. g 70*5 70*1, p y SS 70.20b (d) and (e), 70.38, 70.51(b) and (i), 70.52, 70.53, 70.54, f
70.55, 70.58(g)(4), (k) and 0 ), 70.59, and 70.60(b) and (c) are issued under sec. 161o, 68 Stat 950, as amended (42 U.S.C. 2201(o)).
24.
In S 70.1, paragraph (c) is revised to read as follows:
1 S 70.1 Purpose.
=
m (c) The regulations in Part 72 of this chapter establish require-ments, procedures, and criteria for the issuance of licenses to possess (1) spent fuel and other radioactive materials associated'with spent fuel storage in an independent spent fuel storage installation (ISFSI), or 143 t
tsm'M'A5F (2) spent fuel, high-level radioactive waste, and other radioactive material.s associated with.the storage in a monitored retrievable storage installation (MRS), and the terms and conditions under which the Commis-sion will issue such licenses.
25.
In S 70.20a, paragraph (b) is revised to read as follows:
S 70.20a General license to possess special nuclear material for.
transport.
(b) Notwithstanding any other provision of this chapter, the general license issued under this section does not authorize any person to conduct any activity that would be authorized by a license issued pursuant to Parts 30 through 35, 39, 40, 50, 72, 110, or othcr sections of this part.
PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS 26.
The authority citation for Part 73 is revised to read as follows:
Authority:
Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); secs. 201, as amended, 204, 88 Stat. 1242, as ar. ended, 1245 (42 U.S.C. 5841, 5844).
Section 73.1 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Sec. 73.37(f) also issued under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841 note).
Section 73.57 is issued under sec. 606, Pub. L.99-399, 100 Stat. 876 (42 U.S.C. 2169).
144
~-
[7590-01)
For the purposes of sec. 223,-68 Stat. 958, as amended (42 U.S.C.
2273), SS 73.21, 73.37(g) and 73.55 are issued under sec. 161b, 68 Stat. 948,' as amended (42 U.S.C. 2201(b)); SS 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, 73.57, and 73.67 are issued undee.ac. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201( O);
and SS 73.20(y(1), 73.24(b)(1), 73.26(b)(3), (h)(6), and (k)(4),
73.27(a) and (b), 73.37(f), 73.40(b) and (d), 73.46(g)(6) and (h)(2),
73.50(g)(2), (3)(iii)(B) and (h), 73.55(h)(2), and (4)(iii)(B), 73.57, 73.70, 73.71 and 73.72 are issued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
27.
In S 73.1, paragraph (b)(6) is revised to read as follows:
$ 73.1 Purpose and scope.
n n
n n
n (b) ***
(6) This part prescribes requirements for the physical protec-tion of spent fuel stored in either an independent spent fuel storage installation (ISFSI) or a monitored retrievable storage installation j
(MRS) licensed under Part 72 of this chapter.
n n
n a
n PART 75 - SAFEGUARDS 'ON NUCLEAR MATERIAL - IMPLEMENTATION OF US/IAEA AGREEMENT 28.
The authority citation for Part 75 is revised to read as follows:
145
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Authority:
Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201);
sec. 201, as amended, 88 Stat. 1242, as amended (42 U.S.C. 5841).
Section 75.4 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
l For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273), the provisions of this part are issued under sec. 1610, 68 Stat.
950, as amended (42 U.S.C. 2201(o)).
29.
In S 75.4, paragraph (k)(4) is revised to read as follows:
S 75.4 Definitions.
As used in this part:
A A
A A
(k) "Installation" means:
A A
A A
(4) An independent spent fuel storage installation (ISFSI) or a monitored retrievable storage installation (HRS) as defined in S 72.3 of this chapter; or a
PART 150 - EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGR'EEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 30.
The authority citation for Part 150 is revised to read as follows:
146
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[7590-01-]
Authority:
Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2201, 2021); sec. 201, as amended, 88 Stat. 1242,.
as amended (42 U.S.C. 5841).
Sections 150.3, 150.15, 150.15a 150.31, 150.32 also issued under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat.
3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114).
Section 150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 U.S.C. 2073).
Sec-tion 150.15 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.
I 2232, 2241 (42 U.S.C. 10155, 10161).
Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 2282).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); SS 150.20(b)(2)-(4) and 150.21 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C 2201(b)); S 150.14 is issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and SS 150.16-150.19 and 150.20(b)(1) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
31.
In S 150.15, paragraph (a)(7) is revised to read as follows:
S 150.15 Persons not exempt.
(a) ***
1 l
O 147 O-
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The storage of (i) spent fuel in an independent spent fue (7) i h level radio-storage installation (ISFSI)'or (ii) spent fuel and h g f
llation (MRS)-
active waste in a monitored retrievable storage insta licensed pursuant to Part 72 of this chapter.
A A
A A
A day of puoust_, 1988.
Dated at Rockville, Maryland, this 121h For the Nuclear Regulatory Commission.
b\\
(
T Samuel J. Chilk Secretary of th Commission.
f S
4 9
148
.,