ML20155J028

Notice of Pending NRC Action to Submit Info Collection Request to OMB & Solicitation of Public Comment Re 10CFR72, Licensing Requirements for Independent Storage of Spent Nuclear Fuel & Hlw

ML20155J028
Person / Time
Issue date:	11/06/1998
From:	Shelton B NRC OFFICE OF THE CONTROLLER
To:
References
NUDOCS 9811120003
Download: ML20155J028 (34)

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[7590-01-P]

U. S. NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U. S. Nuclear Regulatory Commission (NRC)

ACTION: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment.

SUMMARY

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

Information pertaining to the requirement to be submitted:

1. The title of the information collection: 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste.

2. Current OMB Approval Number: 3150-0132.

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3. ' How often the collection is required: Required reports are collected and evaluated on a continuing basis as events occur. Applications for new licenses and amer.dments may be submitted at any time. Applications for renewal of l

- licenses would be required every 20 years for an Independent Spent Fuel Storage Installation (ISFSI) and every 40 years for a Monitored Retrievable Storage (MRS) fac!Iity.

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4. Who is required or asked to report: Vendors of casks for the storage of spent fuel, licensees and applicants for a license to possess power reactor spent fuel and other radioactive materials associated with spent fuel storage in an ISFSI, and the Department of Energy for licenses to receive, transfer, package and possess power reactor spent fuel, high-level waste, and other radioactive materials associated with spent fuel and high-level waste storage in an MRS.

5. The number of annual responses: 92.

6. The number of hours needed annually to complete the requirement or request: I 21,520 ,o average of approximately 167 hours0.00193 days <br />0.0464 hours <br />2.761243e-4 weeks <br />6.35435e-5 months <br /> per response for applications end reports, plus approximately 765 hours0.00885 days <br />0.213 hours <br />0.00126 weeks <br />2.910825e-4 months <br /> annually per recordkeeper).

7. Abstract: 10 CFR Part 72 establishes 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

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ISFSI, and requirements for the issuance of licenses to the Department of Energy to receive, transfer, package, and possess power reactor spen; fuel and high-level radioactive waste, and other associated radioactive mater'als, in an MRS. The infom1ation in the applications, reports and records is used by NRC to make licensing and other regulatory determinations. The revised estimate of burden reflects an increase pnmanly because of the addition of requirements for l l

decommissioning funding requirements, financial assurance provisions, 1

documentation additions for decommissioning and license termination, and notification of incidents.

Submit, by (insert date 60 days after publication in the Enderal Reaister), comments that address the following questions:

1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the informatior; have practical utility?

2. Is the burden estimate accurate?

3. Is there a way to enhance the quality, utility, and clarity of the i1 formation to be collected?

4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology?

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'2 A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room,2120 L Street, NW, (Lower Level), Washington, DC. OMB clearance requests are available at the NRC worldwide web site (http://www.nrc. gov /NRC/ NEWS /OMB/index.html) under the FedWorld collection link on the

. home page tool bar. The document will be available on the NRC home page site for 60 days after the signature date of this notice.

Comments and questions may be directed to the NRC Clearance Officer, Brenda Jo. Sh siton, U.S. Nuclear Regulatory Commission, T-6 F33, Washington, DC,20555-0001, or by telephone at (301) 415-7233, or by Intemet electronic mail at BJS1@NRC. GOV.

Dated at Rockville, Maryland, this da; of oamle,1998.

For the U. S. Nuclear Regulatory Commission

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S'JPPORTING STATEMENT l FOR i 10 CFR PART 72 LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE (3150-0132)

CLEARANCE EXTENSION Descriotion of the Information Collection NRC regulations in 10 CFR Part 72 establish requirements, procedures, and criteria for the issuance of licenses to receive, transfer, and possess power reactor spent fuel and other radio-active materials associated with spent fuel storage, in an independent spent fuel storage installation (ISFSI). The regulations also establish requirements, procedures and criteria for the issuance of licenses to the Department of Energy (DOE) to receive, transfer, package, and possess power reactor spent fuel, high-level radioactive waste, and other radioactive materials associated with spent fuel and high-level radioactive waste storage, in a monitored retrievable storage (MRS) installation. The regulations are issued pursuant to the Atomic Energy Act of 1954, as amended, Title 11 of the Energy Reorganization Act of 1974, as amended, and the Nuclear Waste Policy Act of 1982, as amended.

A. Astification

1. Need for and Practical Utility of the Information Collection In order to obtain a license under Part 72, an applicant must submit financial, safeguards, technical, and environmentalinformation. Such information is needed both to provide safety assurance and to comply with complementary NRC regulations for environmental protection (10 CFR Part 51) and safeguards requirements (10 CFR Part 73).

Section 72.7 provides that the Commission may grant exemptions from the requirements of Part 72 under specified conditions, upon the application of any interested person or on its own initiative.

Applications under this section are examined by the NRC licensing staff to determine whether the requested exemption is authorized by law and whether it will not endanger life or property or the common defense and security, and to determine if it is otherwise in the public interest.

Section 72.11 requires that an applicant or licensee notify the Commission of information which the licensee recognizes as having significant implications for the public health and safety or the common defense and security. This requirement applies only to information which is not covered by other reporting or updating requirements. The information must be provided within two working days.

This requirement is necessary because there may be some circumstances in which a licensee possesses some information which could be important to the protection of public health and safety or the common defense and security but which is not otherwise required to be reported. No formal program is required. What is expected is that licensees will maintain a professional attitude toward safety and that if some potential safety information is identified by the licensee, the information will

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2 be provided freely and promptly to the NRC so that the agency can evaluate it and act on it if necessary.

Section 72.16 specifies the place for filing an application for an NRC license under Part 72, requires that the application be made under oath, and specifies the documents and number of copies required to be submitted with an application.

The information submitted in the application pursuant to this section and other sections described below is reviewed by various NRC organizational units to assess the adequacy of the applicant's physical plant, equipment, organization, training, experience, procedures and plans for protection of the public health and safety, common defense and security, and the environment. The NRC review and the findings derived therefrom form the basis for NRC decisions concerning the issuance, modification, or revocation of licenser to receive, transfer, and possess power reactor spent fuel and high-level radioactive waste (HLW).

Section 72.22. which specifies a portion of the contents of the license application itself, requires the applicant to provide information about its identity, its financial qualifications, the construction and operation costs of an ISFSI or MRS, and its shutdown and decommissioning costs. This information will be reviewed by NRC licensing personnel to determine whether the applicant will be able to provide an adequate level of financial responsibility to avoid adverse consequences to public health and safety.

Section 72.24 requires the submission of a Safety Analysis Report (SAR) to allow a safety assessment of the design and operation of the ISFSI or MRS. The information must include descriptions and assessments of the site, major structures, systems and components of the ISFSI or MRS, the means for controlling and limiting occupational radiation exposures, operating plans, emergency plans, technical qualifications of the applicant, a description of means for controlling radioactive materials released in effluents, and descriptions of quality assurance, security, and decommissioning plans. The information will be reviewed by the NRC licensing staff to determine whether there is reasonable assurance that the activities to be conducted under the license can be carried out without endangering the health and safety of the public and that they will be conducted in compliance with the regulations.

Section 72.26 requires proposed technical specifications and a summary statement of their bases and justifications. The proposed technical specifications will be reviewed by the NRC licensing staff to determine whether they will ensure safe operation of the facility. Approved technical specifications will be incorporated in the license.

Section 72.28 requires inclusion of the applicant's technical qualifications, a description of the personnel training program, a description of the applicant's operating organization and delegations of responsibility and authority, and a commitment by the applicant to have and maintain an adequate complement of trained and certified plant personnel prior to the receipt of spent fuel for storage. The information submitted will be reviewed by the NRC licensing staff to determine whether the applicant's technical qualifications, training and organization will be adequate for safe operation.

Section 72.30 sets forth the requirements for financial assurance and recordkeeping for decommissioning. Sections 72.30(a) and (b) specify that licensees are required to submit a l

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3-certification or funding plan. Section 72.30(c) specifies acceptable methods for providing for financial assurance either through a certification or funding plan. Section 72.30(d) requires that licensees keep records important to the safe and effective decommissioning of the facility until the license is terminated by the Commission. Section 72.30(d)(1) requires that licensees keep records of spills or other unusual occurrences involving the spread of contamination that remains after cleanup, including information on involved nuclides, quantities, forms, and concentrations. Section 72.30(d)(2) requires that licensees keep records of as-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used and/or stored, and of locations of possible inaccessible contamination such as buried pipes. Section 72.30(d)(3) requires that licensees keep a list, contained in a single document and updated at least every 2 years, of (1) all areas designated and formerly designated as restricted areas as defined in 10 CFR 6 20.1003, and (ii) all areas outside of restricted areas that require documentation under Section 72.30(d)(1), above. Section 72.30(d)(4) requires that licensees keep 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.

The records will be used by the licensee to prepare decontamination and decommissioning plans and by NRC inspectors for review and evaluation of licensee decontamination and decommissioning plans and activities. The records and reports required by Section 72.30 are necessary for the Commission to determine whether an applicant will be able to decontaminate licensed premises to a level suitable for release for unrestricted use before the license may be terminated. NRC will review the information to ensure that adequate funds will be available to ensure that the applicant will conduct decontamination efforts in a timely manner and minimize exposure of workers to radioactive materials. The information will also be used to ensure that tha decontamination efforts will reduce the residual radioactive contamination sufficiently to protect the public health and safety after the site is released for unrestricted use, so that no future users of the site will be inadvertently exposed to radiation.

Section 72.34 requires that an application for a license under Part 72 must be accompanied by an Environmental Report which meets the requirements of 10 CFR Part 51.

The Environmental Report is reviewed by the NRC staff and serves as a basis for the preparation by NRC of an Environmentalimpact Statement or an Environmental Assessment, which gives detailed consideration to the environmentalimpacts associated with construction and operation of a proposed facility or conduct of the activity and assesses impacts in terms of the available alternatives. This information is necessary to permit NRC to comply with the requirements of the National Environmental Policy Act of 1969. The burden and cost associated with this requirement are attributable to and have been previously cleared by OMB under 10 CFR Part 51, OMB No.

3150-0021, which should be referred to for further supporting information, burden and cost data.

Sections 72.42(a)Mb) provide that licensees may submit applications for renewal of licenses issued under Part 72. Applications for renewal must provide the information required for an application for a new license, but information previously submitted in earlier applications or reports may be incorporated by reference without being resubmitted. The duration of a license for an ISFSI may

be up to 20 years and the duration of a license for an MRS may be up to 40 years. The information submitted in an application for renewal will be reviewed by the licensing staff to make the determinations with regard to safety, environmental protection, financial responsibility, and other matters as discussed under Sections 72.22 through 72.34 above.

4 Prooosed Section 72.42(d) requires MRS and ISFSI licensees to notify the Commission in writing two years prior to license expiration if a renewal application will not be filed. This requirement ensures that the Commission is notified when licensees no longer intend to continue licensed activities, enabling the Commission to plan its involvement in the decommissioning process.

Because of the small number of current licensees, and because the duration of a license for an ISFSI may be up to 20 years and the duration of a license for an MRS may be up to 40 years, no submittals would be expected during the next clearance period.

Section 72.44(b)(3) provides that NRC may require further statements after the filing of the '

application and before expiration of the license to enable NRC to determine whether the application should be granted or denied or whether a license should be modified or revoked. Such additional information is sometimes needed to clarify information submitted in the application, or to rectify deficiencies in proposed o' existing programs for protection of the public health and safety, the common defense and tmrity, or the environment. The additionalinformation submitted is reviewed by various NRC organizational units to assess the adequacy of the applicant's physical plant, procedures and plans for protection of the public health and safety, common defense and security, and the environment. The NRC review and the findings derived therefrom form the basis for NRC decisions concerning the issuance, modification, or revocation of a license for an ISFSI or MRS.

Section 72.44(b)(4) requires that an NRC-approved personnel training and certification program be in effect prior to receipt of spent fuel for storage at an ISFSI or MRS. The information submitted will be reviewed by the licensing staff to determine whether the training and certification program is adequate to assure protection of the public health and safety.

Section 72.44(b)(6) requires each licensee to notify the NRC in writing immediately following the commencement of a bankruptcy proceeding by or against the licensee. No action is required of a licensee unless and until a bankruptcy petition is filed.

Notification of the NRC in cases of bankruptcy would alert the Commission so that it may deal with potential hazards to the public health and safety posed by a licensee that does not have the resources to properly secure the licensed material or clean up possible contamination. The information provided by the required notification would be used by the Regional staff, in consultation with headquarters legal and program staff, to initiate a determination of the need for prompt NRC response or regulatory action. In addition, prompt notification would allow NRC to take timely and appropriate action in a bankruptcy proceeding to seek to have available assets of the licensee applied to cover costs of site cleanup before funds are disbursed and become unavailable for cleanup.

Section 72.44(d) requires that each license include technical specifications, which are submitted by the applicant, stating the limits on the release of radioactive materials for compliance with limits of 10 CFR Part 20 and the "as low as reasonably achievable" objectives for effluents. In addition, Section 72.44(d)(1) requires technical specifications that establish operating procedures for control of effluents. Section 72.44(d)(2) requires technical specifications that require the establishment of an environmental monitoring program to ensure compliance with the technical specifications for effluents. Section 72.44(d)(3) requires technical specifications that require the submission of an annual report specifying the quantity of each of the principal radionuclides released to the environment in liquid and gaseous effluents during the previous 12 months of operation and such

5-other information as may be required by the Commission to estimate maximum radiation dose commitment to the public resulting from effluent releases.

I The information submitted pursuant to these technical specification requirements is reviewed by the NRC staff to determine whether the technical specifications provide an adequate margin of protection for public health and safety and the environment, and to ascertain whether licensee operations are consistent with the commitments made in the application and technical specifications. The technical specifications and reports provide a structured basis for assessing the effectiveness of regulation of releases of radioactive material from an ISFSI or MRS to unrestricted areas by engineering design features and administrative controls.

Section 72.44(e) provides that a licensee must submit an application for an amendment to the license if the licensee wishes to make any change that would decrease the effectiveness of the physical security plan. The licensee may make changes without prior Commission approval, provided that the changes do not decrease the effectiveness of the plan. In such cases, the ,

licensee is required to submit a report containing a description of each such change within two l months of the change. The licensee is required to maintain records of changes made without Commission approval for two years after the change. This information is needed in order for the regulatory staff to evaluate changes which a licensee has made, or proposes to make, in the physical security plan.

Section 72.44(f) requires licensees to follow and maintain in effect an emergency plan spproved by the Commission. Licensees may make changes to the approved plan without prior Commission approval only if such changes do not decrease the effectiveness of the plan and the plan as changed continues to meet specified requirements. Licensees are required to submit a report to the Commission which describes each change made to the plan within six months after the change is made. Licensees desiring to make changes that would decrease the effectiveness of the approved emergency plan are required to submit an application to the Commission for approval.

Section 72 48(b)(1) requires that the licensee maintain records of changes in the ISFSI or MRS and of changes in procedures if these changes vary from what is described in the Safety Analysis Report. The licensee must also maintain records of tests and experimerts carried out pursuant to Section 72.48(a). These records must include a written safety evaluation that provides the basis for the determination that the change, test, or experiment does not involve an unresolved safety question. The licensee must retain the records for the lifetime of the facility. Section 72.48(b)(2) requires that the licensee file a report annually, or as specified in the license, of such changes, tests, and experiments including a summary of the safety evaluation of each. Section 72.48(c) requires a licensee desiring to make changes, tests, or experiments involving an unreviewed safety question, significant increase in occupational exposure, or significant unreviewed environmental impact to submit an application for an amendment of the license pursuant to Section 72.56.

This information is needed in order to permit the NRC staff to evaluate the safety of changes and practices implemented or proposed to be implemented by licensees.

Section 72.50 requires the submission of an application to the Commission if it is desired to transfer a license to another person. The application must include information on the identity and technical qualifications of the proposed transferee and a statement of the purposes for which transfer is requested and the nature of the transaction necessitating or making desirable the transfer of the l

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6-license. The Commission may also require that a written consent from the current licensee or a copy of a court order be filed, attesting to the transferee's right to possession of the radioactive materials and facilities involved.

This information will be reviewed by the NRC staff to determine whether the proposed transferee is qualified to be the holder of the license and whether the transfer of the license is consistent with applicable laws, regulations and orders.

Section 72.52(b) makes clear the right of a secured creditor of a licensee to apply for transfer of a license under Part 72. The burden and cost associated with this section are included in Section 72.50 above.

Section 72.54(d) requires the licensee to notify the Commission in writing within 60 days if (1) the licensee decides to cease principal activities, (2) no principal activities have been conducted for 24 months at the site or, (3) no principal activities have been conducted for 24 months in any separte building or outdoor area suitable for unrestricted use. If the licensee is required to have a decommissioning plan, such plan must be submitted within 12 months of notification.

The information is needed to allow NRC to plan its involvement in the decommissioning process and to determine whether there is reasonable assurance that the decommissioning and disposal will be performed in accordance with the regulations, will provide adequate protection to the health and safety of the public, and the environment, and will not be inimical to the common defense and security.

Section 72.54(e) provides for requests to delay initiation of decommissioning or for an alternate schedule for plan submittal. Section 72.54(o)(1) allows the licensee to submit a request to delay initiation of decommissioning, and establishes time requirements for subm:ttal of the request. This information enables the Commission to determine whether a delay in decommissioning warrants relief and is in the public interest. Section 72.54(e)(2) allows the licensee the option to submit an alternate schedule for submitting the decommissioriing plan. This information will enable the Commission to consider individual circumstances that may support such an alternate schedule on a case-by-case basis.

Section 72.54(f) describes the contents of the decommissioning plan. The plan must include : (1) a description of the current conditions of the site, building, or outdoor area to be decommissioned, (2) a choice of the alternative for decommissioning with a description of planned decommissioning activities, (3) a description of methods to protect workers and the environment against radiation hazards during decommissioning, (4) a description of the planned final radiation survey, (5) an updated detailed cost estimate for decommissioning, comparison of that estimate with current funds set aside for decommissioning, and a plan for assuring the availability of adequate funds for completion of decommissioning, and (6) a description of technical specifications and quality assurance provisions in place during decommissioning.

This information is needed by the Commission to more fully assess the risk of the environmental impact of decommissioning activities and to plan its involvement in decommissioning oversighi and ultimate termination of the license or modification of the license to exclude the decommissioned areas.

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, 1 7-l Section 72.54(i)(2) requires licensees, except those having an approved alternate schedule, to l request license termination within 24 months following approval of the final decommissioning plan.

This submittal permits NRC to ensure that decommissioning is completed in a timely manner, I

reducing risks to the environment and to the health and safety of the public.

Section 72.54(i) allows the licensee to request an alternative schedule for completion of decommissioning. This information is needed to permit NRC to determine whether a delay in decommissioning warrants relief and is in the public interest. It also allows the Commission to plan its involvement in decommissioning oversight and ultimate termination of the license or modification of the license to exclude decommissioned areas.

Section 72.54(k) requires that, as a final decommissioning step for a site, building, or outdoor area, the licensee must certify the disposition of licensed material by submitting NRC Form 314 or equivalent information, and the results of a survey, including a report of radiation levels, the type of survey instrument used, and a certification as to calibration and testing of the survey instrument.

This information is needed to permit NRC to ensure that decommissioning is adequately completed. NRC Form 314 has been previously approved under OMB Clearance Number 3150-0028, which should be referred to for additional justification, burden and cost information.

Section 72.56 requires that an application be filed whenever a licensee desires to amend a license.

The application must describe the changes desired and the reasons for such changes, following the applicable provisions for an original application.

The information submitted is reviewed by the NRC staff to assess the adequacy of the applicant's physical plant, equipment, organization, training, experience, procedures and plans for protection of the public health and safety, common defense and security, and the environment. The NRC review and the findings derived therefrom form the basis for NRC decisions concerning the modification of the license.

Section 72.62(d) requires a licensee to submit information concerning backfitting or proposed backfitting of the facility at Commission request. This information will be reviewed by the NRC staff to determine whether or not the backfitting or proposed backfitting will provide substantial additional protection to the environment or to occupational or public health and safety.

Section 72.70(a) requires the licensee to update the design, description of planned operations, and other information in the Safety Analysis Report every six months after licensing and during final design and construction, with final submittal at least 90 days prior to planned receipt of spent fuel.

Final submittal must include final analysis and evaluation of the design and performance of struc-tures, systems and components that are important to safety taking into account pertinent information developed since the submittal of the license application. Section 72.70(b) requires annual updating of the Safety Analysis Report after first receipt of spent fuei or HLW for storage.

The information will be reviewed by the NRC staff to determine whether there are any changes which affect safety margins approved during initial licensing.

Section 72.72(a) requires that the licensee 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 shipper of the material to the ISFSI or MRS,

8 the quantity of material per item, item identification and seal number, storage location, onsite movements of each storage canister, and ultimate disposal. The records must be retained for as long as the mr'.erial is stored and for five years after it is transferred or disposed of.

Section 72.72(b) requires that each licensee conduct an annual physical inventory of spent fuel in storage. A copy of the current inventory must be retained as a record until the Commission j terminates the license.

Section 72.72(c) requires that each licensee establish, maintain and follow written material control and accounting procedures that are sufficient to enable the licensee to account for the spent fuel in storage. A copy of the current procedures be retained as a record until the Commission terminates the license.

l Section 72.72(d) requires that records of spent fuel and HLW in storage be kept in duplicate at

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separate sites to ensure that a single event cannot destroy both sets of records. Records of material transferred out of the facility must be preserved for five years after the date of transfer. j 1

The material control and accounting procedures are used by the licensee to carry out its material control and accounting operations and are reviewed by NRC inspectors to ensure the adequacy of the licensee's programs and compliance with NRC regulations. The records are reviewed by the inspection staff to detect diversion of material and to initiate prompt action in the event of a diversion.

Section-72.74 requires that a licensee report an accidental criticality or any loss of special nuclear material to the NRC Operations Center by the Emergency Notification System or by telephone within one hour. This information is necessary to promptly inform NRC of particularly serious maloperations or accidents, and is evaluated by NRC to determine whether any immediate response or corrective action may be necessary.

Section 72.75(a) requires the licensee to notify the NRC Operations Center within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> after the declaration of an emergency. The information will be used by NRC to determine whether immediate response or corrective action is needed to protect public health and safety.

Section 72.75(b) requires that the licensee notify NRC as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of any of the following (. vents or conditions involving spent fuel or high- l level radioactive waste: (1) an event that prevents immediate actions necessary to avoid exposures j to radiation or radioactive materials that could exceed regulatory limits, or releases of radioactive i materials that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.); (2) a defect in any spent fuel storage structure, system, or component which is important to safety; (3) a significant reduction in the effectiveness of any spent fuel storage confinement system during use; (4) an action taken in an emergency that departs from a license l condition or a technical specification contained in a license issued under this part when the action is i immediately needed to protect the public health and safety and no action consistent with license conditions and technical specifications that can provide adequate or equivalent protection is immediately apparent; (5) an event that requires unplanned medical treatment at a medical facility ,

of an individual with radioactive contamination on the individual's clothing or body which could l' cause further radioactive contamination; (6) an unplanned fire or explosion damaging any spent fuel or HLW, or any device, container, or equipment containing spent fuel or HLW when the i

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damage affects the integrity of the material or its container. The information will be used by NRC to determine whether immediate response or corrective action is needed to protect public health and safety.

Section 72.75(c) requires that the licensee notify NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of an event involving unplanned contamination or safety equipment failures. The information will be used by NRC to determine whether immediate response or corrective action is needed to protect public health and safety.

Section 72.75(dKD requires that the licensee make the reports required by Sections 72.75(a), (b),

and (c) by telepoone to the NRC Operations Center. The information must include the caller's identity and phono number, as well as a description of the event, date and time, exact location, information about the quantities and chemical forms involved, and any personnel radiation exposure data.

Section 72.75(d)(2) requires each licensee who makes an initial report required by Sections 72.75(a) or (b) to submit a written followup report within 30 days of the initial report. Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if they contain the necessary information. These reports are used by NRC to determine whether additional measures are necessary to protect the public health and safety and to determine whether patterns exist that might indicate poor design, fabrication, or operation requiring corrective action.

Section 72.76 requires semiannual submittal of Material Status reports on DOE /NRC Form 742, providing information concerning the special nuclear material contained in speat fuel possessed, received, transferred, disposed of, or lost by the licensee. Licensees subject to the requirements of Part 75 would report as provided in that part instead of Part 72. The information is required in order for the United States to fulfill its responsibilities as a participant in the US/lAEA Safeguards Agreement and to satisfy bilateral agreements with Australia and Canada and to fulfill its domestic safeguards responsibilities. The use of DOE /NRC Form 742 has been previously approved by OMB under clearance number 3150-0004 which should be referred to for information collection and reporting data.

Section 72.78 requires that whenever a licensee transfers or receives spent fuel, the licensee must complete and distribute a Nuclear Material Transaction Report on DOE /NRC Form 741. Licensees subject to the requirements of Part 75 would report as provided in that part instead of Part 72. The information is needed in order for the NRC regulatory staff to track the movement and possession of special nuclear material, generate inventory data, and detect the loss or diversion of material and implement action in the event of such loss or diversion. The use of DOE /NRC Form 741 has been previously approved by OMB under clearance number 3150-0003, which should be referred to for information collection burden and supporting data.

The information submitted in DOE /NRC Forms 741 and 742 (above) is placed in the automated Nuclear Materials Management and Safeguards System (NMMSS) which is maintained through a jointcontract by NRC and the Department of Energy (DOE). Common reporting forms are used to minimize the reporting burden on industry members required to provide nuclear material data to one or both agencies in accordance with prevailing regulations or contractual obligations. The licensee is thus able to file one report to meet the requirements of both agencies. Compliance with specific reporting requirements is monitored by the agency for which the specific data is required.

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Section 72.80(a) provides that the licensee must maintain any records and make any reports that may be required by the conditions of the license or by the rules, regulations and orders of the Commission. Records and reports provide a primary basis for determination that licensees receive, possess, transfer, and dispose of material as authorized in the license and in accordance with the l regulations and orders of the Commission. This requirement provides additional regulatory support ,

for those conditions and provisions and serves to remind licensees that they must comply not only  !

with Part 72 but with other Commission regulations and with specific license conditions. The burden associated with those other requirements is accounted for in the clearances for those regulations.

Section 72.80(b) requires each licensee to submit a copy of its financial report, including certified financial statements. These reports are needed for the NRC regulatory staff to monitor the continued financial responsibility of the licensee in order to assure that the licensee will be able to I continue to operate with an adequate margin of protection of public health and safety.

Section 72.80(c) requires licensees to maintain records that are required by the regulations or license conditions for the period specified in the regulation or license condition. If a retention period is not otnerwise specified, the licensee must retain the records until the Commission terrninates the license.

Section 72.80(e) adds a requirement far licensees to forward to the NRC Regional Office records pertaining to decommissioning and offste releases prior to license temination. This forwarding of records is necessary to ensure that adec uate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively.

Section 72.80(f) adds a requirement for licensees to transfer records pertaining to decommissioning and offsite releases to the new licensee prior to license transfer or reassignment.

The new licensee then becomes responsible for maintaining these records until license termination.

This transferring of records is necessary to ensure that adequate information will be available to effectively decommission the facility.

l Section 72.82(e) requires that the licensee submit a report of preoperational test acceptance criteria and test results at least 30 days prior to receipt of spent fuel or HLW. This information is reviewed by the NRC regulatory staff to ensure that the installation meets license conditions for safe operation before spent fuel or high level waste is received and stored.

The following sections contain requirements that must be addressed in the application, either in the l Safety Analysis Report (SAR) or in the Environmental Report (ER). The burden and cost data for these requirements are attributable to and reported under the application requirement, Section 72.16, or the amendment requirement, Section 72.56.

Section 72.90 requires that the licensee provide assessments of a number of factors concerning the site, including site characteristics that may directly affect the safety or environmental impact of the installation, frequency and severity of external natural and man-induced events, design basis external events, and the potential for radiological and other environmental impacts on the region.

Section 72.92 requires identification of natural phenomena which may affect safe operation and design, and requires the collection and evaluation of records of occurrence and severity of

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important natural phenomena. The records must be retained until the Commission issues the license.

i Eection 72.94 requires identification of past and present man-made facilities and activities that might endanger the proposed facility and identification of potential man-made events that affect the facility design, and requires collection and evaluation of information concerning the potential occurrence and severity of such events.

Section 72.98 requires that the licensee define the regional extent of external phenomena, man-made or natural, that are used as a basis for the design of the ISFSI or MRS, and identify the potential regional impact due to the construction, operation or decommissioning of the facility.

Section 72.100 requires that the licensee evaluate the proposed site 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, and with respect to the effects on the regional environment resulting from construction, operation and decommissioning, taking into account both usual and unusual site characteristics.

Section 72.102 requires that the licensee evaluate geological and seismological characteristics of the site.

Section 72.1Q4 requires that the licensee establish operational restrictions and limits to meet "as low as reasonably achievable" objectives for radioactive materials in effluents and direct radiation levels associated with facility operations.

Section 72.108 requires that the licensee evaluate the facility with respect to the potential impact on the environment of spent fuel or HLW being transported into the region.

Section 72.120 requires the application to include the design criteria for the proposed storage installation. These design criteria establish the design, fabrication, construction, testing, and performance requirements for structures, systems, and components important to safety.

Section 72.126(d) requires that the licensee perform analyses to show that releases to the general environment during normal operations and anticipated occurrences will be within specified exposure limits. Analyses of design basis accidents must also be made to show that releases to the general environment will be within specified exposure limits.

The information submitted in the application pursuant to the above sections is carefully reviewed by the NRC licensing staff. A review is made of the physical characteristics of the site, including seismology, meteorology, geology and hydrology, and the population density and use characteristics of the site environs, in order to determine whether these characteristics have been evaluated adequately and have been given appropriate consideration in the facility design.

The facility design and programs for construction and testing of structures, systems and components important to safety are reviewed. A review is also performed of the applicant's preliminary calculations of the response of the facility to a broad spectrum of hypothetical accidents for the purpose of determining whether site acceptability guidelines are satisfied.

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l Sections 72.140 throuoh 72.176(a) establish quality assurance (QA) requirements that apply to all

activities affecting the structures, systems, and components, and decommissioning, which are important to safety. Section 72.140 specifies licensee responsibility for establishing a QA program.

Prior to receipt of spent fuel at the ISFSI or spent fuel and high-level radioactive waste at the MRS, the licensee shall file a description of its QA program with NRC and obtain its approval. The licensee must also notify NRC of its intent to use a previously approved QA program.

Section 72.142 requires licensees to clearly establish and delineate in writing the authority and duties of persons and organizations performing activities affecting the functions of structures, systems and components which are important to safety. Section 72.144 requires the establishment of a QA program, documented by written procedures or instructions. Section 72.146 requires the establishment of written procedures for design control. Section 72.148 requires licensees to establish measures to assure that adequate quality is required in procurement documents. It also requires that licensees shall, to the extent necessary, require contractors or subcontractors to provide a QA program consistent with the applicable provisions of Part 72. Section 72.150 requires that activities affecting quality shall be prescribed by documented instructions, procedures, or drawings. Section 72.152 requires the establishment of measures to control the issuance of documents, such as instructions, procedures, and drawings, including changes thereto, which prescribe all activities affecting quality. Section 72.154 requires the establishment of measures to assure that purchased material, equipment, and services conform to the procurement documents, and requires that such documentary evidence be available prior to installation or use of the material and equipment. The documentary evidence must be retained by or available to the licensee for the life of the facility and must be sufficient to identify the specific requirements met by the purchased material and equipment. Section 72.156 requires the establishment of measures to assure identification sd control of materials, parts, and components, either by number on the item or on records traceable to the item. Section 72.158 requires the establishment of measures to assure that special processes, including welding, heat-treating, and non-destructive testing, are controlled and accomplished by qualified personnel using qualified procedures, in accordance with applicable codes, standards, specifications, criteria, and other special requirements. Section 72.160 requires the establishment of a program for inspection of activities affecting quality, including specification of any necessary mandatory hold points in appropriate documents. Section 72.162 requires written procedures for a test program to demonstrate that the structures, systems, and components will perform satisfactorily in service, and requires that the test results be documented and evaluated.

Section 72.164 requires the establishment of measures to assure the proper control, calibration, and adjustment of tools, gages, instruments, and other measuring and testing devices.

Section 72.166 requires the establishment of measures to control the handling, storage, shipping, cleaning and preservation of materials and equipment in accordance with instructions to prevent damage or deterioration. Section 72.168 requires establishment of measures to indicate, by the use of markings such as stamps, tags, labels, routing cards, or other suitable means, the status of inspections and tests performed on individualitems of the ISFSI or MRS, and measures to indicate the operating status of structures, systems, and components, such as by tagging valves and switches, to prevent inadvertent operation. Sgetion 72.170 requires establishment of measures to control materials, parts, or components that do not conform to the licensee's requirements in order to prevent their inadvertent use. The measures must include, as appropriate procedures for identification, documentation, segregation, disposition, and notification to affected organizations, as well as documented procedures for acceptance, rejection, repair or rework of nonconforming items.

Section 72.172 requires establishment of measures for documenting the identification, cause, and correction of significant conditions adverse to quality. Section 72.174 requires that the licensee

maintain sufficient records to furnish evidence of activities affecting quality, including design l

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l records, records of use and the results of reviews, inspections, tests, audits, monitoring of work performance, and materials analyses, as well as closely related data such as qualifications of personnel, procedures, and equipment. Records must be identifiable and retrievable. Records I pertaining to the design, fabrication, erection, testing, maintenance, and use of structures, systems, and components important to safety must be retained until the Commission terminates the license.

Section 72.176 requires that a comprehensive system of QA audits be carried out in accordance I with written procedures or check lists, and that audit results be documented and reviewed by l management.

l The program is used by the licensee and is reviewed by the NRC to assure that the facility and its l structures, systems and components are designed, fabricated, constructed, tested, operated, l maintained and decommissioned in accordar re with established criteria in order to ensure that an adequate level of protection of the public health and safety is maintained.

. The records are used by the licensee and by NRC inspectors to determine whether construction, fabrication, testing, and other activities important to safety have been properly conducted. They also provide a historical basis for evaluation and planning activities.

Section 72.180 requires the establishment of a physical security plan. Part I must demonstrate how the applicant plans to comply with the applicable requirements of 10 CFR Part 73 at the site and during transportation to and from the site, and must include the design for physical protection and the safeguards contingency plan and guard training plan. Part 11 must list tests, inspections, audits, and other means to be used to demonstrate compliance with such requirements. The physical security plan must be retained as a record until the Commission terminates the license and superseded portions of the plan must be retained for three years after the change.

This information will be reviewed by the NRC staff to determine whether the physical security plan is adequate to provide protection to the material at the facility and during transport.

Section 72.182 requires a design for physical protection that must show the site layout and design features provided to protect the facility from sabotage. It must include the design criteria, the design bases for those criteria, and information on materials of construction, equipment, general arrangement, and proposed quality assurance programs sufficient to provide reasonable assurance that the final security system will conform to those design bases.

This information will be reviewed by the NRC Safeguards licensing staff in order to ensure that the design for physical security will provide an adequate level of protection of the licensed material.

Section 72.184(a) requires the submission of a safeguards contingency plan for dealing with threats and radiological sabotage, in conformance with 10 CFR Section 73.40(b).

Section 72.184(b) requires that the licensee prepare and maintain safeguards contingency plan procedures in accordance with Appendix C to 10 CFR Part 73 for effecting the actions and decisions contained in the Responsibility Matrix of the licensee's safeguards contingency plan.

The safeguards contingency plan procedures must be retained as a record until the Commission terminates the license and any superseded portions of the procedures must be retained for three years after the change.

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The safeguards contingency plan and procedures will be reviewed by the NRC staff to ensure that l they provide an adequate level of protection against threats and industrial sabotage.

l Section 72.186(a) specifies that a licensee desiring to make changes that would decrease the safeguards effectiveness of the physical security plan or certain parts of the safeguards contingency plan must first submit an application to the Commission for a license amendment.

Egetion 72.186(b) requires that the licensee maintain records of changes to these plans which do not decrease their safeguards effectiveness and which therefore do not require prior Commission approval, and that the licensee notify NRC of each such change within two months after the change. The records of changes must be maintained for three years.

The information contained in the applications, records and notices will be reviewed by the NRC staff to ensure that the plans will continue to afford an adequata level of protection of licensed material with the proposed or completed changes.

Section 72.192 requires that an applicant establish a program for training, proficiency testing, and certification of personnel. This program must be submitted to the Commission for approval with the license application.

This program will be reviewed by the NRC licensing staff to ensure that licensee personnel will be adequately trained and proficient in use of the equipment at the facility to provide for safe operation.

Section 72.206 requires that a representative for a State or for an affected Indian tribe must include a statement of the basis for his or her authority to act in the representative capacity. This statement is needed to establish for the NRC record the authority of the person acting in a representative capacity.

Section 72.212(b)(1)(i) requires that licensees under the general license established in Section 72.210 for storage of spent fuel in an independent spent fuel storage installation at a power reactor site notify NRC at least 90 days prior to first storage of spent fuel under the general license. The information will enable NRC to ensure that any necessary inspections are scheduled.

Section 72.212(b)(1)(ii) requires that a general licensee register the use of each cask with NRC no later than 30 days after using the cask to store spent fuel. Registration of cask use will enable NRC to schedule any necessary inspections and will permit NRC to maintain an independent record of use for each cask.

Section 72.212(b)(2) requires that general licensees perform written evaluations, prior to use, which establish that (i) conditions in the Certificate of Compliance have been met, (ii) cask storage pads and areas have been designed to adequately support the static load of the stored casks; and (iii) the requirements of 72.104 (regarding radioactive material in effluents, and direct radiation) have been met. A copy of the evaluation must be retained as a record until spent fuelis no longer stored under the generallicense. This evaluation is necessary to snow that storage of spent fuelis in accordance with the Certificate of Compliance.

Section 72.212(b)(3) requires that the generallicensee document the results of a review of the Safety Analysis Report (SAR) to determine whether the licensee's site parameters are enveloped

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by the cask design capability. A copy of the SAR would be obtained from the cask vendor. The results would be documented in the evaluation performed under 72.212(b)(2). This review is needed to show that storage of spent fuel is in accordance with the Certificate of Compliance.

Section 72.212(b)(4) requires that the generallicensee document a determination of whether activities related to storage of spent fuel under the general license involve any unreviewed facility safety question or change in the facility technical specifications, as provided in 10 CFR Section 50.59. The results would be documented in the evaluation performed under 72.212(b)(2). This review is needed to show that storage of spent fuel does not involve unreviewed safety questions or changes to facility technical specifications.

Section 72.212(b)(7) requires that the generallicensee maintain a copy of the Certificate of Compliance and documents referenced in the certificate for each cask used for storage of spent fuel. The cask is an item that is important to safety and maintaining a copy permits the licensee and NRC inspectors to ensure that use of the cask is in compliance with conditions in the cask certificate.

Section 72.212(b)(8) requires that the historical cask record provided by the cask vendor pursuant to Section 72.234(d) be maintained by the licensee until after the cask is decommissioned. The record will be used by NRC to confirm compliance with tne certificate.

Section 72.212(b)(9) requires that the livensee conduct activities related to storage of spent fuel under the general license in accordance with written procedures. The written procedures must be retained until spent fuel is no longer stored under the genere! license. They are used by the licensee and reviewed by NRC to ensure that activities are conducted in accordance with Commission regulations.

Section 72.216(a) requires that cask users report defects with safety significance discovered in any spent fuel storage cask and any instance in which there is significant reduction in the effectiveness of a cask's confinement system during use, pursuant to 10 CFR Section 50.72(b)(2)(vii). The information is necessary to inform NRC of potential hazards to public health and safety that could result from defects in cask confinement systems or accidents involving casks.

Section 72.216(b) requires that a written report, including a description of the means employed to repair any defects or damage and prevent recurrence, must be submitted within 30 days of the report submitted in accordance with Section 72.216(a) above. The written report is needed so that NRC can determine whether there are any generic safety implications.

Section 72.218(c) requires that reactor licensees send a copy of any notification regarding spent fuel management at the reactor pursuant to Section 50.54(bb) and any application for termination of the reactor operating license pursuant to Section 50.82 to the appropriate NRC Regional Office.

The staff will review the information in these submittals in order to ensure that spent fuel stored under the generallicense is included in these plans and will be managed safely. Reporting requirements under Sections 50.54 and 50.82 have been previously approved under OMB Number i 3150-0011.

Sections 72.230(a) and (b) require that an application be submitted to obtain approval of spent fuel storage cask designs. A safety analysis report (SAR) must also be included with the application.

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The information in the SAR will be reviewed by the NRC staff to c'etermine whether there is reasonable assurance that use of these casks will provide adequate protection for public health and l safety.

l Section 72.232(c) requires that the cask vendor notify NRC at least 45 devs before starting to fabricate casks under a Certificate of Compliance. This notification will allow NRC to arrange for inspection of initial cask fabrication and quality assurance program implementation.

Section 72.234(d) requires that: (1) a cask vendor establish a record for each cask. (2) The record must include the NRC Certificate of Compliance number; the cask model number; the cask identification number; the date that cask fabrication was started; the date that cask fabrication was completed; certification that the cask was designed, fabricated, and tested under a quality assurance program accepted by the NRC; certification that the cask was inspected for cracks, pinholes, uncontrolled voids, or other defects that could significantly reduce its confinement effectiveness; and the name and address of the cask user. (3) The vendor is required to provide the original record to the cask user and maintain a composite record for all casks shipped to users.

The composite record must be sent to the Commission if the vendor permanently ceases production under a Certificate of Compliance. The original record is provided to the user so that the historical cask record can be properly maintained by the user. The composite record is made available to NRC for inspection to ensure that a complete historical record of all casks is available.

Transmitting the composite record to the Commission if the vendor stops producing a particular cask or model or goes out of business is necessary to ensure continuity of cask records for safety purposes.

Section 72.234(f) requires that cask vendors establish written procedures and tests prior to use of the casks. A copy of these procedures and tests must be provided to cask users to assist them in development of procedures for use of the casks. The procedures are retained for as long as the cask design is in use.

Section 72.236(k) requires that casks be conspicuously and durably marked. This is necessary to identify casks as containers for spent fuel and enable cask users to establish material control and inventory records. The marking would have to last for the life of the cask.

Section 72.240(b) requires that an applicant for cask design reapproval must submit an application at least 30 days before the cask certificate is due to expire. The application must be accompanied by a SAR showing that the cask will continue to provide adequate confinement of radioactive material. The information in the SAR would be reviewed by the NRC staff to determine whether there is reasonable assurance that the type of cask will continue to provide adequate protection for public health and safety.

2. Aaency Use of information The information included in the applications, reports and records is reviewed by the NRC staff to ensure the provision of an adequate level of protection of public health and safety, common

( defense and security, and the environment. Information concerning the requirements imposed by specific sections is provided below.

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3. Reduction of Burden Throuah Information Technology There are no legal obstacles to reducing the burden associated with this information collection.

Certain reports, such as transaction reports and inventory reports, are produced by some licensees using automated information technology. Licensees are encouraged to use automated information technology whenever it will reduce the burden on them. However, because of the types of information and the infrequency of submission, the applications and other reports may not lend themselves readily to the use of automated information technology for submission.

Some of the reports made pursuant to the requirements of Part 72 are material control and accounting reports, using DOE /NRC Forms 741/741 A,742,742C, and 740M. As a result of a recent rule change which was approved by OMB, those are increasingly being submitted electronically, and it is expected that the rate of electronic submittal of that data will soon reach 90 percent. However, with the exception of those submittals, other information collections under Part 72 are generally not submitted electronically, because of the types of information and the infrequency of submission, so the percentage of electronic submittals reported for Part 72 in this clearance request is zero. Those forms each have separate OMB clearances, and the electronic submittal rate for those reports, as well as other supporting information, will be reported separately under those clearances, which are listed below.

DOE /NRC Form 740M OMB Clearance No. 3150-0057 DOE /NRC Form 741 OMB Clearance No. 3150-0003 DOE /NRC Form 742 OMB Clearance No. 3150-0004 DOE /NRC Form 742C OMB Clearance No. 3150-0058

4. Effort to identifv Duolication and Use Similar Information The Information Requirements Control Automated System (IRCAS) was searched to determine duplication. None was found. In general, information required by NRC in applications, reports, or records concerning the transfer, receipt, possession, or use of nuclear material does not duplicate other Federalinformation collection requirements and is not available from any source. In an effort to minimize duplication and licensee burden, NRC and DOE jointly utilize a Nuclear Materials Management and Safeguards System (NMMSS). Common reporting forms are used to minimize the reporting burden on industry members required to provide nuclear materials data to one or both agencies in accordance with prevailing regulations or contractual obligations. The licensee is thus able to file one report to meet the requirements of both agencies.

Section 72.18 specifically provides an opportunity for the applicant to avoid repetition in filing licensing submittals. 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. ,

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5. Effort to Reduce Small Business Burden The NRC has determined that the affected entities are not small entities or businesses as those terms are used in the Regulatory Flexibility Act.

6. Conseauences to Federal Proarams or Policy Activities if the Collection is Not Conducted or is Collected Less Freauentiv Applications are only required to be submitted for the initial license, for amendments, and for renewal every 20 years (40 years for an MRS). The application process requires that applicants and licensees perform comprehensive safety and environmental reviews to assure that all activities will be or are being conducted safely and in accordance with NRC regulations. The review and submission of the information required for the application is essential to NRC's determination of i l whether the applicant has training, experience, equipment, facilities and procedures adequate to protect the public health and safety. Other reporting and recordkeeping requirements are occasioned by specific events such as tests and experiments, annual environmental reporting, and transfers and inventories of licensed material. Conduct of these tests and other events and collection of information concerning them at the required frequency is essential to the assurance of protection of the health and safety of workers and the public.

7. Circumstances Which Justifv Variation from OMB Guidelines l

l Contrary to the OMB Guidelines in 5 CFR $1320.6(b), Section 72.11 requires that licensees submit i a notification to NRC within two working days from the date of identifying information having l significant implications for the public health and safety or the common defense and security and l which is not covered by other reporting requirements. The requirement to provide notification l within two working days following the identification of the infomation is necessary ta ensure that l

NRC is made aware cf the significant safety information so as to take prompt effective action to l

protect the public health and safety.

Contrary to the guidelines in 5 CFR @1320.6(c), Section 72.16 requires the subm:ssion of more

than an original and two copies of certain documents. Section 72.16(c) specifies the numbers of copies and originals of licensing documents to be submitted to meet the requirements of various sections of Part 72. The rule requires, in addition to a signed original,15 copies of each document.

Another 125 copies are required to be retained by the applicant for distribution in accordance with instructions from NRC. The complexity of NRC's review and decisionmaking process necessitates the filing of multiple copies by applicants. The application may be extremely complex, consisting of multiple foldouts, engineering drawings, and other printed material of various sizes that is difficult for NRC to reproduce properly or quickly. The NRC reviews typically involve numerous technical i reviewers within the Office of Nuclear Material Safety and Safeguards. In addition, documentation l must be provided for concurrent review by other NRC offices, technical consultants and contractors, and other participants in the proceeding. The complexity of the review, the need for concurrent review, and the need for timely completion of the review, dictate the requirement for multiple copies. Delays resulting from an insufficient number of copies would have a much more deleterious impact on applicants than the requirement for multiple copies.

Contrary to the OMB Guidelines in 5 CFR 1320.6(f), Section 72.30(d) requires that licensees keep records important to the safe and effective decommissioning of the facility until the license is

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terminated by the Commission. Section 72.30(d)(1) requires that licensees keep records of spills I or other unusual occurrences involving the spread of contamination that remains after cleanup, including information on involved nuclides, quantities, forms, and concentrations. Section 72.30(d)(2) requires that licensees keep records of as-built drawings and modifications of l structures and equipment in restricted areas where radioactive materials are used and/or stored, l and oflocations of possible inaccessible contamination such as buried pipes. Section 72.30(d)(3) requires that licensees keep a list, contained in a single document and updated at least every 2 l years, of (i) all areas designated and formerly designated as restricted areas as defined in 10 CFR S 20.1003, and (ii) all areas outside of restricted areas that require documentation under Section 72.30(d)(1), above. Section 72.30(d)(4) requires that licensees keep 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. The records must be retained for longer than 3 years in order to permit NRC inspectors to review and evaluate licensee decontamination and decommissioning activities.

Contrary to the OMB Guidelines in 5 CFR 1320.6(b), Section 72.44(b)(6) requires that licensees submit a notification to NRC in less than thirty days from the date of filing of a petition in bankruptcy. The requirement to provide notification immediately following the filing of the petition is necessary to ensure that NRC is made aware of the bankruptcy so as to take effective action to protect the public health and safety. Allowing a period of thirty or more days to elapse might preclude NRC from becoming aware of the licensee's distressed financial circumstances in time to prevent the development or aggravation of a potential hazard to the public. Moreover, the United Stctes Code contains requirements regarding notification of creditors in bankruptcy. Section 72.44(b)(6) would require one additional notification. Notifying NRC promptly after the filing of the petition would in fact be less of a burden on the bankrupt than a separate notification later in the proceedings.

Contrary to the OMB Guidelines in 5 CFR 1320.6(f), Section 72.48(b)(1) requires that the licensee .

retain, for the lifetime of the facility, records of changes in the ISFSI or MRS and of changes in procedures if these changes vary from what is described in the Safety Analysis Report. The licensee must also maintain records of tests and experiments carried out pursuant to Section 72.48(a). These records must include a written safety evaluation that provides the basis for the determination that the change, test, or experiment does not involve an unresolved safety question.

This information must be maintained for more than three years in order to permit the NRC inspection and licensing staffs to evaluate the safety of changes and practices implemented or proposed to be implemented by licensees.

Section 72.72(a) requires that the licensee keep records for as long as the material is stored and for five years after it is transferred or disposed of. The records must show 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 shipper of the material to the ISFSI or MRS, the quantity of material per item, item identification and seal number, storage location, l onsite movements of each storage canister, and ultimate disposal. Section 72.72(b) requires that l each licensee retain a copy of the current annual physical inventory of spent fuel in storage as a record until the Commission terminates the license.

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Section 72.72(c) requires that each licensee retain a copy of the current written material control and accounting procedures for spent fuel in storage as a record until the Commission terminates the license. 1 The records required by Section 72.72 must be retained for more than three years because they are used by the licensee to carry out its material control and accounting operations and are reviewed by NRC inspectors to ensure the adequacy of the licensee's programs and compliance with NRC regulations. The records are reviewed by the inspection staff to detect diversion of material and to initiate prompt action in the event of a diversion.

Contrary to the OMB Guidelines in 5 CFR 1320.6(b), Section 72.74 requires that a licensee report an accidental criticality or any loss of special nuclear material to the NRC Operations Center by the Emergency Notification System or by telephone within one hour. This immediate notification necessary to promptly inform NRC of particularly serious maloperations or accidents, and is evaluated by NRC to determine whether any immediate response or corrective action may be necessary.

Contrary to the OMB Guidelines in 5 CFR 1320.6(b), Section 72.75(a) requires the licensee to notify the NRC Operations Center within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> after the declaration of an emergency. This immediate notification is necessary to permit NRC to determine whether immediate response or corrective action is needed to protect public health and safety.

Contrary to the OMB Guidelines in 5 CFR 1320.6(b), Section 72.75(b) requires that the licensee notify NRC as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of any of the following .

events or conditions involving spent fuel or high-level radioactive waste: (1) an event that prevents immediate actions necessary to avoid exposures to radiation or radioactive materials that could exceed regulatory limits, or releases of radioactive materials that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.); (2) a defect in any spent fuel storage structure, system, or component which is important to safety; (3) a significant reduction in the effectiveness of any spent fuel storage confinement system during use; (4) an action taken in an emergency that departs from a license condition or a technical specification contained in a license issued under this part when the action is immediately needed to protect the public health and safety and no action consistent with license conditions and technical specifications that can provide adequate or equivalent protection is immediately apparent. (5) an event that requires unplanned medical treatment at a medical facility of an individual with radioactive contamination on the individual's clothing or body which could cause further radioactive contamination; (6) an unplanned fire or explosion damaging any spent fuel or HLW, or any device, container, or equipment containing spent fuel or HLW when the damage affects the integrity of the material or its container. This prompt notification is necessary to permit NRC to determine whether immediate response or corrective action is needed to protect public health and safety.

Contrary to the OMB Guidelines in 5 CFR 1320.6(b), Section 72.75(c) requires that the licensee l notify NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of an event involving unplanned contamination or l safety equipment failures. This prompt notification is necessary to permit NRC to determine I whether immediate response or corrective action is needed to protect public health and safety.

Section 72.75(d)(1) requires that licensee make the reports required by Sections 72.75(a), (b), and

(c) by telephone to the NRC Operations Center. The information must include the caller's identity i

1 and phone number, as well as a description of the event, date and time, exact location, information about the quantities and chemical forms involved, and any personnel radiation exposure data.

Section 72.174 requires that records pertaining to the design, fabrication, erection, testing, maintenance, and use of structures, systems, and components important to safety must be retained until the Commission terminates the license. The records must be retained for more than three years in order to preserve evidence of activities affecting quality, including design records, records of use and the results of reviews, inspections, tests, audits, monitoring of work performance, and materials analyses, as well as closely related data such as qualifications of personnel, procedures, and equipment.

Section 72.180 requires that the physical security plan be retained as a record until the Commission terminates the license. The plan must be retained for longer than three years because it is used by the licensee to comply with the applicable requirements of 10 CFR Part 73 at the site and during transportation to and from the site. It includes the design for physical protection and the safeguards contingency plan and guard training plan, and lists tests, inspections, audits, and other means to be used to demonstrate compliance with NRC requirements.

Section 72.184(b) requires that the licensee retain the safeguards contingency plan procedures as a record until the Commission terminates the license. The procedures must be retained for longer than three years because they are used by the licensee to effect the actions and decisions contained in the safeguards contingency plan to provide an adequate level of protection against threats and industrial sabotage.

Contrary to the OMB Guidelines in 5 CFR 1320.6(f), Sections 72.212(b)(2), (3), and (4) require that licensees retain records of written evaluations longer than three years. The records of the evaluations are needed to establish that (i) conditions in the Certificate of Compliance have been met, (ii) cask storage pads and areas have been designed to adequately support the static load of the stored casks; and (iii) the requirements of 72.104 (regarding radioactive material in effluents, and direct radiation) have been met. They are also needed to demonstrate whether the licensee's site parameters are enveloped by the cask design capability, and whether activities related to storage of spent fuel under the general license involve any unreviewed facihty safety question or change in the facility technical specifications, as provided in 10 CFR Section 50.59.

Contrary to the OMB Guidelines in 5 CFR 1320.6(f), Section 72.212(b)(7) requires that licensees retain, for longer than three years, a copy of the Certificate of Compliance and documents referenced in the certificate for each cask used for storage of spent fuel. The cask is an item that is important to safety and maintaining a copy permits the licensee and NRC inspectors to ensure that use of the cask is in compliance with conditions in the cask certificate.

Contrary to the OMB Guidelines in 5 CFR 1320.6(f), Section 72.212(b)(8) requires that the historical cask record provided by the cask vendor pursuant to Section 72.234(d) be maintained by the licensee until three years after the cask is decommissioned. The record will be used by NRC to confirm compliance with the certificate.

Contrary to the OMB Guidelines in 5 CFR 1320.6(f), Section 72.212(b)(9) requires that the licensee retain, for longer than three years, written procedures for conducting activities related to storage of spent fuel under the generallicense. The written procedures must be retained until spent fuel is no

. . . . . . . . . _ _ _ . _ . _ _ . . - . . _ _ . ~ . _ ..__ _. . .._ . . . . _ . . . _._. . _ .._

22 production under a Certificate of Compliance. The original record is provided to the user so that the historical cask record can be properly maintained by the user. The composite record is made -

- available to NRC for inspection to ensure that a complete historical record of all casks is available.

Contrary to the OMB Guidelines in 5 CFR 1320.6(f), Section 72.234(f) requires that cask vendors retain, for longer than three years, written procedures and tests established prior to use of the casks. A copy of these procedures and tests must be provided to cask users to assist them in development of procedures'for use of the casks. The procedures are retained for as long as the cask design is in use.

]

~ Contrary to the OMB Guidelines in 5 CFR 1320.6(f), Section 72.236(k) requires that a cask vendor provide cask markings which would have to last more than three years. This is necessary to identify

. casks as containers for spent fuel and enable cask users to establish material control and inventory records.

8. Consultations Outside the NRC An opportunity to comment on the information collection requirements for this clearance extension has been published in the Federal Reaister.

9. Payment or Gift to Resoondents Not applicable.

10. Confidentiality of Information None, except for proprietary or safeguards information.

11. Justification for Sensitive Questions 1

No sensitive information is requested under these regulations.

- . , .,m , m , , , , c.,v. -..n .s - , . , ..w, . , .. .

yc. a.y ,. -. _  % - + ,mm ,

7

23 - l 12 Estimated Burden and Burden H'our Cost

. 1

- Reoortina Reauirements j Number of Licensee Ucensee Responses Staff Hours Total Annual Section Annually Per Submittal Ucensee Burden (Hrs) 72.7 0 0 0 72.11- i 1- 1

~ 72.16 1 12,617 12,617 72.22 ,

.72.24- I('

l

< 72.26 - included in 72.16 l

72.28 llH l~ 'I 72.30 72.34 - See OMB Clearance No. 3150-0021 72.42(a)&(b)' -Included in 72.16 Proposed 72.42(d) 0 1 0 l . .72.44(b)(3 ' ,

l - included in 72.16 72.44(b)(4) .

' 72.44(b)(6) 1 1 1 72.44(d) _ - included in 72.16 72.44(e) 1 10 10 L L 72.44(f) -1 10 10

! 72.48(b)(2) 1 10 10 l.

l! . 72.48(c) -Included in 72.56

, 72.50 0 0 0 No license transfers either expected or, for all new federal and at-reactor-site

- ISFSis, expected to be permitted.

~

72.52(b) '- Tncluded in 72.56

-~

4

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24

.l .

Reoortina Reauirements (cont'd)

Number of - <

Licensee -

- . Licensee Responses Staff Hours- Total Annual  !

Section - Resoonses Annually - Per Submittal Licensee Burden (Hrs) 72.54(d) : 0.05 ;- 1200 60

-; 72.54(S) : 0.01 40 . 0.4 72.54(f) ' included in 72.54(d) i 72.54(i)(2) - 0.05 8 0.4 -

72.54(J) 0.01 40 0.4 72.54(k) 0.05 -600 30 See also OMB Clearance 3150-0028 72.56 1 120 120 72.62(d) 0 0 O No backfitting requirements anticipated.

This is a contingency provision.

72.70(a) . 2 120 240 72.70(b) .. 1 40' 40 72.74 - 0 1 0 This is a contingency provision.

.-72'.75(a) .0.01 1 0.01 72.75(b) 0.1 2 0.2 72.75(c) - 0.2 ~ 1 0.2

- 72.75(d)(1) included in 72.75(a), (b), and (c) 72.75(d)(2) - 0.3 4 1.2 172.76 ~- See OMB Clearance No. 3150-0004 L72.78 - See OMB Clearance No. 3150-0003 72.80(b) 1 1 1 l 72.82(e): 0.05 40 2 i-o l

25 -

Reoortina Reauirements (cont'd)

Nurr.ber of Licensee Licensee Responses Staff Hours' . Total Annual Section Resoonses Annually Per Submittal Licensee Burden (Hrs) 72.90 ,

l 72.92 72.94 ll .

.l l '

72.98 72.100 l'l

.l 72.102 lH -Included in 72.16 or 72.56 above 72.104 1l

- 72.108 ll

. 72.120 Il l

]

' 72.126(d)l 72.140

.thru ll l l

72.176 72.180 ,

'72.182 .l l l

72.184(a) - Included in 72.16 above 1

72.184(b) j .

lh

. 72.186(a)-

72.186(b) ; 1 10 10 72.192 -included in 72.16 above

72.206 0.15 1 0.15 72.212(b)(1)(l) = 5 '1 5 72.212(b)(1)(ii) ' 5 10 50

1 Reoortino Reouirements (cont'd)

Number of Licensee Licensee Responses Staff Hours . Total Annual Sectiori Resoonses Annually Per Submittal Licensee Burden (Hrs) 72.216(a) 1 4 4 72.216(b) 0 40 0 This is a contingency provision. No responses anticipated.

72.218(c) 5 4 20 Reports required under 9 50.54 and 50.82, which are approved under 3150-0011.

This estimate is for providing a copy to the NRC Regional Office.

72.230(a) and (b) 1 1,200 1,200 72.232(c) 1 2 2 72.234(d) 60 8 480 Cask historical record, originated by cask vendor and sent to cask user. User retains and updates for life of cask. Estimated 600 casks will be used over a 10 year period. Burden averaged over 10 year period.

72.234(f) 1 190 190 Written procedures . Averaged over 10 year period.

72.240(b) 0.5 600 300

' Tctal Reporting Hours 92 15,406 Total Reporting Cost - $1,864,126 Cost to applicants and licensees is calculated at a rate of $121 per hour.

27 -

Recordkeeping Requirements l

Total Record. '

No. of Annual Hrs per Recordkeeping Retention i Recordkeeoers Recordkeeoer Hours ' Period 72.30(d) 1 10 10 Duration of License

-72.48(b)(1) 1 10 10 Duration of License 72.72(a) 1 40 40 5 yrs after transfer

~ 72.72(b) 1 75 75 Duration of License 72.72(c) . 1 40 40 Duration of License 72.72(d) -included in 72.72(b) above 5 yrs after transfer 72.80(a) - - Included in clearances for other specific requirements 72.80(c) -Included under specified requirements in other sections l

72.80(e) 5 6 30 Duration of License  !

72.80(f) -5 9 45 Duration of License 72.174(c) 1 5,000 5,000 Duration of License 72.180 5 10 50 Duration of License 72.184(b) 5 5 25 Duration of License 72.212(b)(2) 5 6 30 3 yrs after storage

, 72.212(b)(3) -Included in 72.212(b)(2) l 6

me I-

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

9 9

28 -

Total Record No. of Annual Hrs per . Recordkeeping Retention Recordkeeoers Recordkeeoer Hours Period l

72.212(b)(4) -Included in 72.212(b)(2) i l

- 72.212(b)(7) 1 8 8 Duration of i Gen. Lic.

72.212(b)(8)- 5 60 300 Until 3 yrs Estimated 600 casks. after cask Averaged over 10 yrs. decomm.

72.212(b)(9) 5 32 160 Duration of Gen. Lic.

72.234(d) . 1 120 120 Cask life 72.234(f) 5 24 120 Design life 72.236(k) 1 60 60 Cask life Total Recordkeepers: 8 Total Recordkeeping Hours: 6,123 Total Recordkeeping Cost: $740,883 TOTAL LICENSEE BURDEN HOURS 21,529 Total Licensee Cost: $2,605,009 Cost to applicants and licensees is calculated at a rate of $121 per hour, l

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29 -

h 13. Estimate of Other Additional Costs None --

j i 14. Estimated Annualized Cost to the Federal Govemnwnt i

I Annual Cost - NRC Staff Review. = $1,288,650 (Professional effort 10,650 hours0.00752 days <br />0.181 hours <br />0.00107 weeks <br />2.47325e-4 months <br /> @ $121/hr)

' Contractor Technical Assistance = $545,864 Annual Cost - Clerical Processing = $108,355 (Clerica effort'- 1,667 hours0.00772 days <br />0.185 hours <br />0.0011 weeks <br />2.537935e-4 months <br /> @ $65/hr)

.. Annual Administrative Costs =$2,000 (Postage, handling, envelopes, etc.) i

~

L Annual Cost for Record Holdings =$100,000

'(478.5 cu. ft x $209/cu. ft.)

Annual Printing Costs = See OMB Clearance Nos. 3150-0003 and 3150-0004 Annual Cost for Storage of Forms in NRC Supply '=See OMB Clearance

- ($2.10 per 1,000) Nos. 3150-0003 and 3150-0004 Annual ADP Cost _ = $20,000

. Total Annual Cost = $2,246,805 This cost is fully recovered through fee assessments to NRC licensees pursuant to 10 CFR Parts 170 and 171. j

15. Reason for Chanoes in Burden or C.qq.t There is no change in the burden hours currently approved. The number of responses has l

-decreased from 102 to 92. This reduction of 10 reflects a correction made to an OMB approved ,

final rule. In the submission, we added 10 responses, but in fact there were no increases. The cost l decrease was administrative in nature, the hourly cost has been modified since the last submittal.

.16. Publication for Statistical Ugg None.

17. - Reason for Not Disolavino the Exoiration Date The requirement is contained in a regulation.' Amending the Code of Federal Regulations to display information that, in an annual publication, could become obsolete would be unduly burdensome and

' too difficult to keep current.

~ Exceptions to the Certification Statement 18; None.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

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Statistical methods are not used in this collection of information.

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