ML20195H226

Request for OMB Review & Supporting Statement Re 10CFR72, Licensing Requirements for Independent Storage of Spent Nuclear Fuel & High Level Radwaste. Estimated Respondent Burden Is 13,092 H

ML20195H226
Person / Time
Issue date:	11/18/1988
From:	Mcdonald W NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:
References
OMB-3150-0011, OMB-3150-11, NUDOCS 8811300276
Download: ML20195H226 (21)

Text

{{#Wiki_filter:@4 og nsimm %u .';*""as Request for OMB RevieV N t Imp;rtant Read instructions before completing form. Do not use the same SF 83 Send three copies of this form, the material to be reviewed, and for to request both an Executive Order 12291 review and approval under paperwork-three copies of the supporting statement, to: the Paperwork Reducten Act. Answer all questions in Part I. If this request is for review under E.O. Office of fnformation and Regulatory Affairs 12291, complete Part 11 and s'En the regulatory certification. If this Office of Management and Budget request is for approval under the Paperwork Reduction Act and 5 CFR Attention: Docket Library, Room 3201 1320, Skip Part II complete Part 111 and sign the paperwork certification. Washington, DC 20503 PART l.-Complete This Part for All Requests.

1. Departmerit/ agency and Bu eau /of fice orig natmg request

2. Agency code r

U. S. Nuclear Regulatory Commission 3 1 5 0 Dame of person wno can uit ansaer amest,ons regara.e g this request Teiepnone nume,, John Roberts ( 301 )492-0608

4. Istle of informeteon col'ection or rulematung 10 CFR Part 72 - Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High Level Radioactive Waste S. Legal authonty for informat,on eonectson ur rute (cite Un.ted States Coce. Pubhc Lan. or becutive Order) 42_UsC Jn(o)

. or

6. Affected pubhc (check allthat app! )

$ G Federal agencies or employees ~ f 2 O ind.viduais or nouseroids 3 0 rarms e O Non prof.t institut: ens 2 O stateoriocaigoverr ents 4 E eusmesses or etner for-pro 2r 7 O sma:ibusresies or organ.zations r PARTil,-Complete This Part Onlyif the Request is for OMB Review Undr Executive Order 12291

7. Rigv stion identier Number (RIN) i

_ ~ _ _ _ _, or, None ass gned O S. Type of submssion (cneck one rn each cateScry) Type of review requested CI:ssirlestion stage ef development 1 O standard 1 O Ma,or i O proposed ordratt 2 O Pendir*g 1 2 O Nonmaio, 2 O Finatorinterefea.etmpriorproposal 3 0 cmergency s 3 0 rriai or intera fee. 4nout pnor processi a O statutory er iud.ciar deadtine UCFit secten aff ected CFR

10. Does this regulation conta n report r'g or recordb eeping requirements that requete CMS approval under the Paperworti Reduction Act and 5 CFR 1320?

. O ves ONo

11. lf a mesor ru'e,is there a regulatory impact anar,sts attachedt

. O ves 2 O No 3 0 ves 4 O No if"No," d.d OMB naive t%e anaWs? C rtmcation for Regulatory Submissions in submrttang this request for CMB rev,ew, the authorized regulatory contact and the program officiai certify that the requirements of t 0.12291 and any apphcable pol +cy 6.rectives have been comphed with. I'gnature of peccam off acial Date 51; nature c4 authorited regulatory contact 8911300276 801118 PDR ORO EUSO 1a. f once use owy) Prevem edaet obeeere g3 ggg steaaerd term s3(Rev 9 43) pv5N 7H0006M444 ' Pr**cr**d by owe 3 3 S crR 1320 ead E O 12291 .4

" PART llL-Complete This Part Only if the Request is for Approval of a Collection 'of Information Under the Paperwork Reduction Act and 5 CFR 1320. 'ld. Ak tract-Ne Materl'a'$s,d affe'cked Wtfic M 50 words orlessRa iation Safety, Nuclear Fuel Storage Radioactive Waste Storage" cribe needs. an adloact a 10 CFR Part 72 establishes requirements for licensees to possess nuclear power reactor spent funt cnd radioactive material in an independent spent fuel storage installation (ISFSI), and for the iccuince of licenset to the Department of Energy to receive and possess reactor spent fuel and high level waste in e monitored retrievable storage (MRS) facility.

14. Type of information coffecte (chec3 only one) liformation conections not entainee'in rules 10 Regu!ar submrssion 2 O tmergencysubmisson(certrt> cat >oaerrsched) lzformatien cellectione containes'in tules 3 DEmsteg regulation (no changeyoposed) 6 Final or intenm final without prior NPRM

7. Enter date of expected or actual Federal 4 O Notice of proposed ruiemakirg(t,)RM)

A O Regu'ar subm.ssion Reg ster pubhcat.on at this stage of ruismakigt 5 O rin,i.NPRM was prenously pubbshed B O Emergency subm:ss.on(certir, cat >on attached) (moafa. der reer>:

15. Type of terew requested (chech only one) 1 O N.w coiiect>on 4 O Remstatement of a previously approved collectiori for which approvat has espired 2 O Revision of a currently approved collection 3 DExtension of the espvation dote of a current!y approved collection 5 0 cmtieg coi!.ction in use 'inout an ous controi number without any change m the swbstance or in the method of collection

16. Agency report form nurr berts)(onclude standard /optronalform numbe'(s))

22. Purpose of mformat,on collection (check as keny as apply)

Not applicable 1 O Appacation for benef.ts 2 O Program evaluat.on

17. Annual reportirg or disclosu e burden 3 0 cen raipurponstatist.cs r

10 1 Number of respondents. 4 U Regutatory or comptance 1.2 2 Number of responses per respondent 5 O P egram piane. rg or manager ent 3 Total annuai resconses (hee f times hee 2) 12 6 O Research 4 Hours per resporse 1.191 7 O Aud;t S Tota %,s ne,3 teei nne d) 13.092

18. Annual recordkeepeg burden

23. Frequency of recordkeeping or reporteg (chece all thJt app'y) 1 1 D Recordbeep.cg 1 Number of recordkeepers

• 2 Annual hours per recordheeger.

5.175 neporting 3 Total recordkeepeg hours (bre J times Are 2) 5.175 2 U onoccas;on

19. Totat annual burden

' Varles .5 S ars eo years 3 g w,,u, 4 Recordbeepmg retention gened duration of license 4 0 Monthly 1 Requested (hne 17 5 plus Ime 18 3). 5 0 n.2bl 5 0 Qua'ttny 2 in current CMS mventory 18.276 6 U semeannua9s 3 Dstierence (bre 1 less ime 2) ~L 7 0 Ar%a y n Englana tion of difference 8 0 8.enn:a'19 4 Prog *am charge 9 0 otnercoesenoe> 9 5 Ad,ustmeet. ~20. Current (most recent)oMB control eumbef or comment number

24. Respondeats' obi gst,on te corapty (checa the stroegest ochgatron ther appl.es) 3150-0132 3 g veive,,,,

21. Raquested es piration date 2 O Reqered to otta.n or reea.n a beref.t 3 years from approval date l

3 D ua-dator,

25. Are the responants pr, mar.ry educational agencies or irstitut ors or is tr e onmart pu pose of the conection retated to Federal educat>cn programs? O ves @ No r

26. Does the agency use saaphng to select responderts or deurs the agency recomraend or prescr te the use of samples or stat 4stical ana'ys4s O Yes @ No by responderits' 2 7. Regulato3 asthority tot the m'ormat.on conectc)

Iv Part 72 CFR o, FR

or.other(speo y) r Paperwork Certification in tubentt+g th.s request for CMS approvat, the agency Feed, the sen or of4al or an authonnd representatne. cert.t-es that tre requ>remerts of 5 CFR 1320. the Privacy Act, statist. cal sta6dards or d'rectves, and say otner apphcable mformat on pol.cy d. rect ves have been compbed ei*n 5.gnatu e of p.cg'am offrcia!

Date r ~ ~.e,.. 2eu sentat' e Date / ~ Wi liam'G.,r1 1 Mcdonald Director Of fi,cq of Ariministration and Resources Management h pfpj- / O CPo a 1964 0

• 4$3*176

"PART lli -Complete This Part Only if the. Request is for Approval of a Collection of information Under the Paperwork Reduction Act and 5 CFR 1320. 'ld. AA tract-Ne Mater [se1s,daffbedpublicitiSo"Yty, Nuclear Fuel Storage, Radioactive Waste Storage" nbe needs, an s or less adloact a Ra tion Sai 10 CFR Part 72 establishes requirements for licensees to possess nuclear power reactor spent fuel cnd radioactive material in an independent spent fuel storage installation (ISFSI), and for the icsuance of licenses to the Department of Energy to receive and possess reactor spent fuel and high leve_1 waste in a monitored retrievable storage (MRS) facility.

14. Type of informotion collecton (check only one)

Informstlen collectlene not centelned in rules 10 Reguiar submrssion 2 O Emergency submisson(certir,coronettsched> Informat}0n cellectfene centainedin tulee 3 Dexisting regulation (no change proposed) 6 Finalorintenm finalwithout poor NPRM

7. Enter date of espected or actual Federal 4 O Notice of proposed rulemalung(NPRM)

AO Regularsubmission Reg + ster publicaton at this stage of rutemabrg 5 O nnai. NPRM was precously published e O tmergency submission (certir<stion etteched> (moata. dere r *r>:

15. Type of review requested (chec* only one) 1 C New col!ecte 4 O Reinstatement of a orenousry approved coi ectitu for which appro ai has upped 2 O Revision of a currently approved collection 3 Utxtension of the enperation dote of a currently approved cottection 5 O Existing collection in use without an CMB control number wetmout any change in the substance or in the method of collecten

16. Agency report form number (s)(include stJndard/cateonel form number (s))

22. Purpose of informeton collection (check ss many as so,cly)

Not applicable 1 O Apohcation for benefits 2 O Progrtan evaluation

17. Annual reporties or dedosure burden 3 O Generalpurpose statistics 10 1 Number of respondents.

4 g p,,y,,,,,,,,,,,,g,3 1.2 2 Number of responses per respondent 5 O Program planr.seg or management 12 6 O Research 3 Total annual responses (hne 1 times has 1) 4 Hours per respoese I.191 7 O Aud;t 5 total hours c'ere J t'mes hee 4) 13.092

18. Annual recordheepseg Durden

23. Frequency of recordkeeping or reporting (checa det that appry)

I 1 O Recordbeeping 1 Number of recordkeepers 5,175 Reporting ~ 2 Annual ho n per recordunper. 3 Total recordkeepicg hours (hoe 1 terres hee 2).. 5.175 2 B on occasion 4 Recordkeeoseg retenton ceriod Va. ries =.$.ydars to yurs 3g wggy

19. Total annual burden

' duration of license 4 0 Monthly 18,267 s O quarterty 1 Kequested (hee 17 5 plus Ane 18 J). 18>276 6 0 $4mbann any 2 in current CMS inventory u 9 7 O Aneuany 3 Dif*erence (lone : less hne 2) Esplanation ot difference g O g enn,any 4 Prcgra~ chaege 9 0 otner(desenoe>: 9 S AdWstment.

20. Current (mos t recent) C M 8 coetrol number or comment number

24. Respondents' obt gation to comply (chech the stroegest obt gatior1 thst oppt.es) 3150-0132 g O vgynt,,y

21. Requested erpitation date 2 C Required to obtain or retain a beetfit 3 years from approval date 3 D Mandatory

25. Are the respondeets pnmanly educational agenc.es or institut4es or is tre pnmary purpose of the codection related to Federal education programs

28. Does the ageaey use samphes to select respondents or dees the agency recomrrend or prescribe the use of sampheg or statist cal anafysis

. O Yu @ No by respondentst 2 7. Ra'pato avtnority for tt e information conecten I Part 72 CFR pp

,,,otn,cip,c,ry;_

PaperwiWCertification In suDmittieg th cal standards or directrres, and any othef appbcat,le informaton pobey d rectives have been compl>ed o'th Date Egnatu e of program off.cial r J 0 ate J c.w . e i+-cWMaq,pno se6uyntatr.e P M j Pfc 7 illiam. Mcdonald, Director / Office of Administration and Resources Management

• cro e 144 o - 453-776

i l SUPPORTING STATEMENT FOR 10 CFR PART 72 LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF l I SPENT NUCLEAR FUEL AND HIGH LEVEL RADI0 ACTIVE WASTE l Justification Need for and Practical Utility of the Information Collection i NRC regulations in 10 CFR Part 72 establish requirements, procedures, and criteria for the issuance of licenses to possess power reactor spent fuel and other radioactive materials associated with spent fuel storage, in an independentspentfuelstorageinstallation(ISFSI). The regulations also establish requirements, procedures and criteria for the issuance of licenses to I the Department of Energy (DOE) to receive, transfer, package, and possess power reactor spent fuel, high level waste, and other radioactive materials associated with spent fuel and high level radioactive waste storage, in a i monitored retrievable storage (MRS) insta110 tion. The regulations are issued pursuant to the Atomic Energy Act of 1954, as amended, Title II of the Energy Recrganization Act of 1974, as amended, at.d the Nuclear Waste Policy Act of 1982, as amended. l In order to obtain a license under Part 72, an applicant must submit financial, t safeguards, technical, and environmental information. Such information is ( needed both to provide safety assurance and to comply with complementary NRC l regulationsforenvironmentalprotection(10CFRPart51)andsafeguards requirements (10CFRPart73). l i t 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, comon defense and security, and the environment. Information concerning the requirements imposed by specific sections is provided below. I i i Section 72.7 provides that the Cosinission may grant exemptions from the t requirements of Part 72 under specified condit<ons, 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 i 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 other-l wise in the public interest. l ! i Section 72.11 requires that an applicant or licensee notify the Coasnission of Information which the licensee recognizes as having significant implications f for the public heelth and safety or the common defense and securit. This j requirement applies only to information which is not covered by ot er reporting i or updating requirements. The information must be provided within two working

days,

'i l l l l t ! i. i .--a

2 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. The codification of this full disclosure requirement should not result in significant additional burdens on applicants or licensees. No formal program is required. What is expected is t1at licensees will maintain a professional attitude toward safety and that if some potential safety information is identified by the licensee, the information will be provided freely and promptly to the NRC so that the agency can evaluate it and act on it if necessary. Section 72.1C 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, comon 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 licenses for spent fuel and solidified high-level radioactive waste (Hl.W) storage. 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 NRS, 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. The information must include descriptions and assessments of the site, major structures, systems and components of an 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 decomissioning plans. The i information will be reviewed by the NRC licensing staff to determine whether there is reasonable assurance that the activitics 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 saecifications will be reviewed by the NRC licensing staff to determine whether t1ey will ensure safe operation of the facility. Approved technical specifications will be incorporated in the license.

\\ 3 I J Section 72.28 requires inclusion of the applicant's technical qualifications, a 3 description of the personnel training program, a description of the applicant's 4 operating organization and delegations of responsibility and authority, and a comitment 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 requires that the applicant submit a proposed decomissioning l plan that contains information on practices and procedures for decontamination of the site and facilities and for disposal of residual radiu ctive material after all spent fuel has been removed. The plan must discuss design features 4 that will facilitate decontamination and decomissioning and must include the financial arrangements made by the applicant to provide reasonable assurance i that the planned decontamination and decommissioning of the ISFSI or MRS will be carried out. The information will be reviewed by NRC licensing personnel to determine whether there is reasonable assurance that the slanned action will provide adequate protection to the health and safety of t1e public and whether there is reasonable assurance that funds will be available to decomission the ISFSI or MRS. Section 72.30(d) requires that licensees keep records of information important to safe and effective decomissioning of the facility until the license is i terminated by the Comission. Such records would include records of spills or other occurrences involving the spread of contamination, drawings of structures and equipment in restricted areas where radioactive materials are used or stored, locations of possible inaccessible contamination, records of the cost estimates for the decomissioning funding plan, and records for the funding method used for assuring funds. The records will be used by the licensee to prepare decontamination and decomissioning plans and by NRC inspectors for l review and evaluation of licensee decontamination and decomissioning plans and activities. r i 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. I The Environmental Report is reviewed by the NRC staff and serves as a basis for l the preparation by NRC of an Environmental Impact Statement or an Environmental I j Assessment, which gives detailed consideration to the environmental impacts associated with construction and operation of a proposed facility or conduct of i the activity and assesses impacts in terms of the available alternatives. This information is necessary to permit NRC to com)ly with the requirements of the 1 National Environmental Policy Act of 1969. T1e burden and cost associated with l i this requirement are attributable to and have been previously cleared by OMB l under 10 CFR Part 51, OMB No. 3150-0021, which should be referred to for j further supporting information, burden and cost data. Section 72.42 provides that licensees may submit applications for renewal of licenses issued under Part 72. Applications for renewal must provide the l

4 4 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 section provides that 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 res)onsibility, and other matters as discussed under Sections 72.22 through 72.34 a)ove. Section 72.44(b)(3) provides that NRC may require further statements after the i 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 pro)osed or existing programs for protection of the public health and safety, tie comon defense and security, or the environment. The additional information 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, connon 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 immed-iately f ollowing the comencement 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 Comission so that it may deal with potential hatards 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 inspection and licensing 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. Section72.44(d)requiresthateachlicenseincludetechnicalspecifications, 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)requirestechnicalspecificationsthatestablishoperating I r

5 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 other information as may be required by the Comission to estimate maximum radiation dose comitment to the public resulting from effluent releases. 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 envi,onment, and to ascertain whether licensee oserations are consistent with the comitments made in the application and tecinical specifications. The technical specifications and reports provide a structured basis for assessing the effectiveness of regulation of releases of radioactive mterial from an ISFS! or NRS 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 Comission 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 months of the change. The licensee is required to maintain records of changes made without Comission approval for three years after the change. This information is needed in order for the regulatory staff to evaluate changes which a licensee has inade, or proposes to make, in the physical security plan. Section 72.44(f) requires licensees to follow and maintain in effect an emergency plan approved by the Comission. Licensees may make changes to the approved plan without prior Comission 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 Comission 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 coergency plan are required to submit an application to the Comission for approval. Section 72.48(b M1 requires that the licensee maintain records of changes in the ISF5I or PMS 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. 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

6 experiments including a sumary 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 un application for an amendment of the license pursuant to Section 72.56. 1his information is needed 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 72.50 requires the submtssion of an appitcation to the Comission if it ls desired to transfer a license to another person. The application must include information on the identity and technical qualifications of the poposed 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 license. The Comission may also require that a writ.en 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 licensing staff to determine whether the proposed transferee is qualified to be the holder of the licensa and whether the transfer of the license is consistent with applicable laws, regulations and orders. Section 72.52(c) 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 requires an application for authority to surrender a license and decomission the facility and dispose of the materials stored therein. NRC may recuire additional information, including pro)osed procedures for dir,posal of racioactive material and decontamination of t1e site. Tiis information will be evaluated by the NRC licensing staff to determine whether there is reasonable assurance that the decomissioning and disposal will be performed in accordance with the regulations, will provide adequate protection to the health and safety of the public, and will not be inimical to the comon defense and security. Section 72.56 requires that an application be filed whenever a licensee desires to amend a If cense. 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 licensing 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. )

7 Section 72.62(d) requires a licensee to submit information concerning backfitting or proposed backfitting of the facility at Comission request. This information will be reviewed by the NRC licensing staff to determine whether or not the backfitting or proposed backf!tting 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 structures, 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 fuel or HLW for storage. The information will be reviewed by the NRC licensing 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 s)ent fuel and HLW in storage. The records must include as a minimum the slipper of the material to the ISFSI or MRS, the quantity of material per item, item identification and seal number, storage location, onsite movements of each fuel assembly or storage canister, and ultimate disposal. The records must be retained for as long as the material is stored ard for five years after it is transferred or disposed of. Section 72.72(bj requires that each licensee cor. duct an annual physical inven-tory of spent fuel and HLW in storage. A copy of the current inventory must be retained as a record until the Comission 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 ust be retained as a record until the Comission terminates the license. Section 72.72(d) requires that records of spent fuel and HLW in storage be kept in duplicate at 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 af ter the date of transfer. 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 adecuacy of the licensee's programs and compliance with NRC regulations. The recorcs are reviewed by the inspection staff to detect diversion of material and to initiate prompt action in the event of a diversion.

g Section 72.7% requires that a licensee report an accidental criticality or any Inss of specTal 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 imediate response or corrective action may be necessary. Section 72.76 requires semiannual submittal of Material Status reports on DOE /NRC Form 742, providing information concerning the special nuclear material contained in spent 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 partici) ant in the US/IAEA Safeguards Agreement and to satisfy bilateral agreements witi Australia and Canada and to fulfill its domestic safeguards responsibilities. The "se of DOE /NRC Form 742 has been previously approved by OMB under clearance numbei 4 0-0004 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 ceport as provided in that part instead of Part 72. The information is needed in order for the NRC regulatory staff to track the moverent and possession of special nuclear material, generate inventory data, and detect the loss or diversion of material and irrplement action in the event of such loss or diversion. The use of DOE /NRC Form 741 has been previously cpproved by OMB under clearance nurber 3150-0003, which should be referred to for information l collection burden and supporting data. TheinformationsubmittedinDOE/NRCForms741and742(above)isp)lacedinthe automated Nuclear Materials Management and Safeguards System (NMMSS which is maintained jointly by NRC and the Department of Energy (00E) under contract at Oak Ridge, Tennessee. Comon re)orting forms are used to minimize the reporting bt.rden on industry mem)ers required to provide nuclear material data to one or both agencies in accordance with 2revailing regulations or contractual obligations. The licensee is tius able to file one report to meet the requirements of both agencies. Compliance with specific reporting i l requirements is monitored by the agency for which the specific data is required. 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 Comission. 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 regulations and orders of the Comission. This requirement provides additional regulatory support for those conditions and )rovisions and serves to remind licensees that they must comply not only witi Part 72 but with other Comission regulations and with specific license conditions. The burden associated with l

9 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 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 otherwise s)ecified, the licensee must retain the records untti the Comission terminates t1e license. 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 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 1 records of occurrence and severity of important natural phenomena. The records must be retained until the Cosnission issues the license. Section 72.94 requires identification of past and present man made facilities and activities that might endanger the )roposed facility and identification of potential man-made events that affect tie facility design, and requires collec-tion and evaluation of information concerning the potential occurrence and severity of such events. Section 72.98 req"ires that the licensee define the regional extent of external phenomena, man-mat or natural, that are used as a basis for the design of the ISFSI or MRS, and ',,ientify the potential regional impact due to the construction, operation or decoanissioning of the facility. l l

, 10 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 cnd accident conditions during operation and decomissioning, and with respect to the effects on the regional environment resulting from construction, o)eration and decomissioning, taking into account both usual and unusual site claracteristics. Section 72.102 requires that the licensee evaluate geological and seismological characteristics of the site. Section 72.104 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 within 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 environinent will be within specified exposure limits. The informatio,i 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 per-formed of the applicant's preliminary calculations of the response of the facility to a broad spectrum of hypothetical accidents for the purpose of determinirs whether site acceptability guidelines are satisfied. Sections 72.140 through 72.176 establish quality assurance (QA) recuirements that apply to all act'vities affecting the structures, systems, anc components, which are important to safety. Section 72.140 specifies and decomissioninglity for establishing a QA program 7 Prior to receipt of licensee responsibi spent fuel at the ISFSI or spent fuel and high-level radioactive waste at the MRS, the ',ensee shall file a description of its QA program with NRC and obtain its ipproval. The licensee must also notify NRC of its intent to use a

f 11 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 ontrol. Section 72.148 requires licensees to establish measures to assure that adequate quality is required in procurement documen'/. 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 or documents, such as instructions, procedures, and drawings, including chan5M thereto, which prescribe all activities affecting quality. Section 72.154 requires the establishment of measures to assure that purchased material, equipment, and services cwform to the arocurement documents, and requires that such documentary evidence be availasle prior to installation or use of the material and equipment. The documentary evidence must be retained by or availabit to the licensee for the life of the facility and must be i sufficient to identify the specific requirements met by the purchased material and equipment. Section 72.156 requires the establishment of measures to assura identification a'nd control of materials, parts, and components, either by number on the ites 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. Seccion 72.160 requires the establishment of a prugram for inspection of activitiet 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 l 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, instrurents and other reasuring and testing devices. Section72.166requirestheestablishmentof 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 establisnnu uf measures to indicete, by the use of markings such as stamps, tags, labels, routing cards, or other suitable means, the status of inspections and tests performed on individual items of the ISFS! or NRS, and measures to indicate the operating status of i structures, systems, and components, such as by tagging valves and swi'.ches, to prevent inadvertent operation. Section 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 neasures must include; as appropriate, procedures for identification, l documentation, segregation, disposition, and notification to affected i l organizations, as well as documented pro',edures for acceptance, rejection repair or rework of nonconforming items. Section 72.172 requires establishment l - - L

12 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 records of use and the results of affecting quality, including design records,ing of work performance, and reviews, inspections, tests, audits, monitor materials analyses, as well as closely related data such as qualifications of p Records must be identifiable and retrievable.rocedures, and upipment. Records pertaining to the design, fabrication, er personnel maintenance, and use of structures, systems, and components important to safety must be retained until the Comission terminates the license. Section 72.176 requires that a comprehensive system of QA audits be carried out in accordance with written >rocedures or check liste, and that audit results be documented and reviewed >y management. The QA program is used by the licensee and is reviewed by the NRC to assure that the facility and its structures, systems and components are designed, fabricated, constructed, tested, operated, maintained and decomissioned in accordance 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 demo.. strate how the applicant plans to comply with the applicable require-ments of 10 CFR Part 73 at the site and during transportation to and from the site and must include the design for physica protection and the safeguards contingency plan and guard training plan. Part II must list tests, inspections, audits, and other means to be used to demnnstrate 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 seaterial at the facility and during transport. Section 72.182 requires a design for physical protection that must show the site layout and design teatures provided to protect the facili+y from sabotage. { It must include the design criteria, the design bases for those criteria, and information on matertals of construction equipment, general arrangement, and proposed quality assurance programs suff,cient to provide reasonsble assurance i that the final security system will conform to those design bases. l 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 j level of protection of the licensed material. [ t f i

T 13 Section 72.184(a) requires the submission of a safeguards contingency plan for dealing with threats and radiolog(ical sabotage, in conformance with 10 CFRSection Section73.40(b). 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 alan procedures must be retained as a record until the Comission terminates tie license and any superseded portions of the procedures must be retained for three years af ter the change. The safeguards contingency plan and procedures will be reviewed by the NRC staff to ensure that they provide an adequate level of protection against threats and radiological sabotage. 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. Section 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 Comission 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 adequate 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 sub-mitted to the Consission 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. Reduction of Burden Through Information Technolocy 'here are no legal obstacles to reducing the burcen associated with this information collection. Certain reports, such as transaction reports and inventory reports, are produced by some licensees using automated information j technology. However, because of the types of information and the infrequency of submission, the applications and other reports do not lend themselves readily to the use of automated information technology for submission.

14 ) 1 Duplication of Other Collections of Information i The Fatderal Information Locator System was searched to determine NRC and other Federal Agency duplication. None was found. In general, information required by NRC in reports or records concerning the transfer, receipt, possession, or use of nuclear material does not duplicate other Federal information collection requirements and is not available from any other source. In an effort to minimize duplication and licensee burden, NRC and the Department of Energy (DOE) jointly utilize a Nuclear Materials Management and Safeguards System (NMMSS). Comon reporting forms are used to minimize the reporting burden on industry members required to provide nuclear materials data to one or both t 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. Use of Similar Information Section 72.18 specifically provides an opportunity for the applicant to avoid repetition in filing licensing submittals: "72.18 Elimination of repetition. In any application under this part, the applicant may incorporate by reference information contained in previous a)plications, statements, or reports filed with the Comission: Provided t1at such references are clear and specific." 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. Consequences of Less Frequent Collection i Applications are only required to be submitted for the initial license, for atendments, and for renewal every 20 years (40 years for an MRS). The appli-cation process requires that applicants and licensees perfum 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 whether the applicant has training, experience, i equipment, facilities and procedures adequate to protect the public health and i safety. Other reporting and recordkeeping requirements are occasioned by specific events such as tests and experiments, annual envfronmental 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. l

15 Circumstances Which Justify Variation from OMB Guidelines Contrary to the OMB Guidelines in 5 CFR 1320.6(f) Section 72.11 requires that licensees submit a notification to NRC in less than thirty days from the date of identifying information having significant implications for the public health and safety or the common defense and security and which is not covered by other reporting requirements. The requirement to provide notification within two working days following the identification of the information is necessary to ensure that NRC is made aware of the significant safety infor-mation so as to take prompt effective action to protect the public health and safety. Contrary to the OMB guidelines in 5 CFR $1320.6(c), Section 72.16 requires the submission of more than an original and two copies of certain documents. Section72.16(c)specifiesthenumbersofcopiesandoriginalsoflicensing documents to be su)mitted 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 reviewers within the Office of Nuclear Mater f al Safety and Safeguards. In addition, documentation must be provided for concurrent review by other NRC offices, technical consultants and con-tractors, 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. Consultations Outside NRC Connents from the public and affected industry were sought in connection with the rule. Confidentiality of Information None, except for proprietary or safeguards information. Sensitive Questions None. i l' t

16 Estimate of Compliance Burden Reporting Requirements Licensee Number of Licensee Staff Hours Total Annual Section Responses Annually Per Submittal Licensee Burden (Hrs) 72.7 0 0 0 No exemption requests expected 72.11 1 1 1 72.16 1 12,617 12,617 12.22 72.24 72.26 - Included in 72.15 72.28 72.30 __) 72.34 - See OMB Clearance No. 3150-0021 72.42 72.44(b)(3) - Included in 72.16 72.44(b)(4) j l 72.44(b)(6) 1 1 1 72.44(d) - Included in 72.16 72.44(e) 1 10 10 72.44(f) 1 10 10 72.48(b)(2) 1 10 10 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. I 72.52(b) - Included in 72.56 72.54 0.05 600 30 72.56 1 120 120

17 Estimate of Compliance Burden ReportingRequirements(cont'd) Licensee i Number of Licensee Staff Hours Total Annual Section Responses Annually Per Submittal LicenseeBurden(Hrs) 72.62(d) 0 0 0 No backfitting requirements anticipated. This is a contingency provision. 72.70(a) 2 120 240 72.70(b) 1 40 40 72.74 0 0 0 This is a contingency provision. 72.76 - See OMB Clearance No. 3150-0004 72.78 - See OMB Clearance No. 3150-0003 l 72.80(b) 1 1 1 l 72.82(e) 0.05 40 2 72.90 l 72.92 i 72.94 I 72.98 72.100 1 - Included in 72.16 or 72.56 above i 72.102 1 I 72.104 i 72.108 72.120 l 72.126(d) 72.140 l thru t 72.176 j t

18 Reporting Requirements (cont'd) Licensee Number of Licensee Staff Hours Total Annual Section Responses Annually Per Submittal Licensee Burden (Hrs) 72.180 72.182 72.184(a) - Included in 72.16 above 72.184(b) 72.186(a) y 72.186(b) 1 10 10 72.192 - Included in 72.16 above 72.206 0.15 1 0.15 Total 12.25~ 13,092.15 Recordkeeping Requirements ~ Total Record No. of Annual Hrs per Recordkeeping Retention Recordkeepers Recordkeeper 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 Until 5 yrs after transfer 72.72(b) 1 75 75 Duration of License 1 72.72(c) 1 40 40 Duration of i License 72.72(d) -Includedin72.51(b)above Until 5 yrs after transfer I 72.80(a) - Included in clearances for other specific requirements l 72.80(c) - Included under specified requirements in other sections 72.174(c) 1 5,000 5,000 Duration of l l' License Total Recordkeepers: 1 Total Recordkeeping Hours: 5,175 TOTAL LICENSEE BURDEN HOURS: 18.267.15

19 s Estimate of Cost to the Federal Government Annual Cost - NRC Staff Review (Professional effort - 9.650 hours 9 $60/hr) = $579.000 AnnualCost-ClericalProcessing$30/hr) (Clericaleffort-1.667 hours 0 = $ 50.010 Annual Administratite Costs (Postage, handling, envelopes, etc.) = $ 2,000 Annual Cost for Record Holdings (478.5 cu. ft x $209/cu. ft.) = $100.006 Annual Printing Costs = See ONB Clearance Nos. 3150-0003 and 3150-0004 Annual Cost for Storage of Forms in NRC Supply = See OHB Clearance ($2.10per1,000) Nos. 3150-0003 and 3150-0004 Annual ADP Cost = $ 20.000 Total Annual Cost = $751.016}}