ML20199D610

Request for OMB Review & Supporting Statement Re 10CFR72, Licensing Requirements for Storage of Spent Fuel in Isfsi. Estimated Respondent Burden Is 18,255 H

ML20199D610
Person / Time
Issue date:	05/29/1986
From:	Norry P NRC OFFICE OF ADMINISTRATION (ADM)
To:
Shared Package
ML20199D558	List: ML20199D554 ML20199D574 ML20199D586 ML20199D599 ML20199D610
References
OMB-3150-0132, OMB-3150-132, NUDOCS 8606200406
Download: ML20199D610 (10)

Text

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sa**"e", 8 3 (Pev WerWe 196U Request for OMB Review important Reid instructions before completing form. Do not use the same SF 83 Send three copies of this form. the material to be reviewed. and for 13 request both an Executive Order 12291 review anct approval under paperwork-three copies of the supporting statement, to:

the Paperwork Reduction Act.

Answer all questions in Part 1. If this request is for review under E.O. Of f ace of Information and Regulatory Af fairs 12291 complete Part ll and sign the regulatory certification. If this Office of Management and Budget re@ebs Mapproval under the Paperwork Reduction Act and 5 CFR Attention: Docket Library. Room 3201 1320mskp Part II. complete Part 111 and sign the paperwork certification. Washington. DC 20503 PART l.-Complete This Part for All Requests.

I. Departroent/ agency and Bureau /of fice originat ng request 2. Agency code U.S. Nuclear Regulatory Comission 3 1 5 0 EName of person who can best ansner questions regardirig this request Telephone r. umber Frank Cardile ( 301 ) 443-7815

4. Title of enformation collection or rulemaking 10 CFR 72, Licensing Requirements for the Storage of Spent Fuel in an Independent Spent Fuel Storage Installation (ISFI) x

5. Legas aethonty f or information cctiection or ruie (cite United States Cocle, Publ*c las. or Enecutwe Order) 42 usc 2201(o) ,,, .

6. Af fected public(checA alitharapply) 5 C federalag;encies or empiovees 1 C Indmduals or nouseholds 3 Farms 6 U Non profit mstitutions 2 C State orlocalgovernments 4 M Busmesses or other for profit 7 0 smaii busmesses or organizat ons

- PART ll.-Complete This Part Only if thh9tkqNt l ibhb$ld0eb Under Executive Order 12291

7. Reputat on identifier Nu,mber (RIN)

_ __ _ _ ~ _ .___ _ . or. None assigned C D we at submiss <on (checii one on eac:s caregory) Type of reviewrequested CI:ssification Stage of development 10 Standard i O mater i O proposed ordraft 2 eending 2 C Nonmajor 2 C Finalorinterim fina!.with pr,or preposal 3 C Emergency 3 0 rinat or intenm finai. witnout onor proposai 4 0 statutory or ndiciat eeadiine 9 CIR section affected -

_ CFR

10. Does this regulation contain reporting or recordkeepen;; requirements tnat re quire OMB approval under tne Paperworn Reduction Act erd S CFfs 1320? - C Yes C No 11.'if a maior rule. is there a regulatory irripact analysis attached' 1 O v..s 2 O t40

_ if"No.7tw OMB waive the analysis) - 3 C Yes 4 U No C;rtification for Regulatory Submissions in sub%ttirg this request for OMB review. the authortied regulatory contact and the p r., gram ottirial cesbf y that the requ,remerits of E O 12291 and any asphran>

pnlo cmtwes have been comphed with.

s.gr# tare of pregram of t.oal Date b raturc ef auttonme regulatory cnef act G: JIJ' 4 :l f o3te i.

12. t0AtB use on'y) kn.c.g e., t w. ca,v, gg standard rerm 8 3 r k. v 9 ej) mo m sn .s "*'* M" 8606200406 860529 5 C'" 3 32U '" ' '2 2 PDR ORG EUSOl1B PDR

PAR'T lli.-Complet2 Thl) Part Only if the Coquest is for Approval of c Collection of Informr tion Under the Paperwork Reduellon Act and 5 CFR 1320.

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13. Abstract-Desenbe needs, uses and af fected pubhc in 50 words or less ugj f g jj g 3 g In the event a licensee files for bankruptcy, the licensee must notify the NRC so the agency can take appropriate measures to protect the public health and safety. A lic;nsee need take no action until commencement of a proceeding naming the licensee

_ a tdehtor_under_Iltle 11 (Bankrup_tcy). U.S. Code.

14. Type cf mformation conection (check only one)

Information collections not contained in rules

%Relular submissson 2 O Emergeacy submiss on tcerr,r, cation attacned>

Information collections contained in rules 3 0 taisting reguiation (no change proposed) s rinai or intenm finai witnout pnor NpRM 7. enter date of expected o, actuai rederai 4 O Notice of proposed rulemaking(NPRM) A O Regular submissa Register pubiscation at this stage of ruwmaking 5 0 rinai. NeRu was premousiv pubieshed B O Emergency submission (cert heationattached) (month, day, year): 5/15/86

15. Type cf rev.ew recuested (6 heck only one) 1 O New coitect.on 4 0 Reinstatement of a previousiv approved coiiecte for wnich approvai has expired 2 U Revision of a currently approved collection 3 O Extension of the expiration date of a currently approved collection 5 O Existing conection in use without an oMB controt number without any chat'ge m the substance or m the method of collection

16. Agency report form number (s)(onclude standard /optionalform number (s)) 22. Purpose of intormation coniection (check as many as apply) 1 O App <ication for benefits N/A 2 O Programevaluation

17. Annual reporting or disclosure burden 3 0 ceneraipurposestatistics 1 Numter of respondents . 4 $ Regulatoryorcompliance 2 Number of responses per iespondent 5 O Program planningor management ,

3 Totif anr*ual responses (hne I times hne 2) 6 0 Research 4 Hours per re*.ponse . 7 O Audit 5 Total hours orne 3 trmes line 4)

18. Annual recordkeeping burden 23. Frequency of recordkeeping or reportmg(check allthatapply) 1 Number of reccrdkeepers .

1 O Recordkeeping 2 Annual hours per recordkeeper. Reportlag

- 3 Tot:1 recordheeping hours (hne 1 times kne 2) 2 b onoccasion 4 R:cordkeepmg retention penod years 3 0 weekiy

19. Totti annual burden 4 O Montney 1 Requested (line 17 5 plus Ane 18J) . ,

18,255 s O Quarterty 2 in current oMB inventory 18,255 s O semi-annuany 0 7 O Annuaily 3 oifference (hne J tess hne 2)

Esplanation alditterence 8 O Biennially 4 Program change 9 0 other(descuee>:

5 Adjustment .

20. Curr;nt (most recent) oM8 controi number or comment number 24. Respondents' obbgation to comply (chec k the strongest cbhgation that apphes) 3150-0132 t O voluntary

21. Requested expiration date 2 O Required to obtain or retain a benefit 10/29/88 3 g uandato,y

25. Are the respondents pnmari!y educational agencies or institutions or is the pnmary purpose of the collection related to Federal educate programs? O ves G No

26. byDoes the agencf use samphng to select respondents or does the agency recommend or prescribe the use of sampimg respondents

. O yes @ No or statistical an

27. Legulato uthonty th ation coHection CFR

or FR

or,otherispecity):

Paperwork Certif6 cation in subrmttmg this request for oM8 approval, the agency head, the semor official or an authorized representative, certifies that the requirements of 5 CFR 1320, the Privacy Act, statistical standards or direct'ves, and any other apphcable mformation pohCy directives have been complied with.

sign;tura of program official Date segnatuo of agency head. the senior official or an authonzed representative oate Patricia G. Norry, Director Office of Administration Mhm DN 48 GPO : 1984 0 - 453-776

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OMB Supporting Statement for

. PROPOSED RULE AMENDMENTS TO 10 CFR PARTS 30, 40, 50, 61,'70, AND 72 BANKRUPTCY FILING; NOTIFICATION REQUIREMENTS Description of the Information Collection Under the proposed amendments to 10 CFR Parts 30, 40, 50, 61, 70, and 72, each

-licensee would be required to notify the appropriate regional office of the NRC by mail in the event of the commencement of a bankruptcy proceeding involving the licensee. -There is no action required of a licensee by these amendments unless and until a bankruptcy petition is filed.

1 A. JUSTIFICATION

1. Need for the Collection of Information A licensee who is experiencing severe economic hardship may not be capable of carrying out licensed activities in a manner which protects public health and safety. In particular, a licensee involved in bankruptcy proceedings can have problems affecting payment for proper handling of licensed radioactive material and for decontamination and decommissioning of the

. . licensed facility in a safe manner. Improper materials handling or decontamination activities can lead to spread of contamination throughout a licensee's facility and the potential for dispersion of contaminated material offsite. Financial difficulties can also result in problems affecting the licensee's waste disposal activities. -

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2 Instances have occurred in which licensees filed for bankruptcy and the NRC has not been aware that this has happened. NRC inspectors have found belatedly that a licensee has vacated property and abandoned licensed material or that a licensee has been unable to decontaminate its facility and properly dispose of the waste. The NRC should be notified of these situations promptly so that it can take necessary actions to assure that the health and safety of the public is protected.

There is presently no regulation requiring licensees to notify the NRC in cases of bankruptcy filings. Therefore, the NRC may not be aware of a significant financial problem for a particular licensee and thus also not be aware of potential public health and safety problems.

2. Agency Use of Information 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 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. NRC actions may include orders to modify or amend a license or other necessary action and could include limitations on licensed activity which would only pennit the storage of licensed material. The NRC has taken these actions in the past in similar circumstances. In addition, prompt notification of the Commission would allow it 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.

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3. Reduction of Burden Through Information Technology There are no legal obstacles to reducing the burden associated with this information collection, however the infrequency of submittal of the information, namely only in those cases where a bankruptcy petition is filed, make use of information technology systems impractical.

4. Effort to Identify Duplication The Federal Information Locator System was searched to determine NRC and other Federal agency duplication and no duplication was found.-

5. Effort to Use Similar Information No similar information to that required by this action is currently available in a form in which it can be used by NRC for the purposes described above in 2. Thus, although a licensee's involvement in a bankruptcy proceeding will be recorded at a bankruptcy court and although the United States Code contains requirements regarding notification of creditors of the commencement of bankruptcy proceedings, this information is not generally available to the NRC in a timely manner so that it can take necessary actions to protect the public health and safety. The resources which would have to be committed by the NRC in monitoring bankruptcy court filings would be far in excess of the small burden imposed by these amendments.

6. Effort to Reduce Small Business Burden Approximately 40% of the licensees affected by this proposed rule-making would be considered small businesses. The burden on these entities has been minimized to the extent practical by not requiring any action of a licensee unless and until a bankruptcy petition is filed and at that time requiring only a notification of the date and location of the filing.

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7. Consequences of Less Frequent Collection Information is required to be collected only following the filing of-a petition for bankruptcy which is not expected to occur more than one time during the license period of a licensee. If the requested information were not collected at this time, NRC might not be aware of a licensee's significant financial problems. Without this information NRC may not be aware of potential public health and safety problems and not able to act in a timely manner to 4

protect the public health and safety.

8. Circumstances Which Justify Variation from OMB Guidelines The proposed rule would vary from OMB guidelines by requiring that licensees submit the notification in less than thirty days from the date of filing of the petition in bankruptcy. The requirement to provide notification promptly following the filing of the petition is a reasonable measure 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 States Code contains requirements regarding notification of creditors of bankruptcy. This proposed rule 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.

9. Consultations Outside the NRC The impetus of this rulemaking results from cases which have occurred in which licensees have filed for bankruptcy and have vacated property and abandoned licensed material, and NRC inspectors have become aware of this

3 belatedly, resulting in concerns by public and states regarding-health and ,

safety. The proposed rule is-intended to address these concerns. Comments from the public and affected industry will be sought in connection with the

. proposed rule.

10. Confidentiality of-Information NRC provides no pledge of confidentiality for the collection of information.

L 11. Justification for Sensitive Questions No sensitive information is requested by these amendments.

12. Estimated Annualized Cost to the Federal Government j

In implementing the rule, no NRC activity is necessary unless and until a licensee submits a notification of bankruptcy to the NRC. It is i estimated that approximately five notices will be submitted per year. The

amount of time spent in reading and docketing of the notification would be approximately 0.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />. The total NRC handling and processing time would thus

be 2.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per year. At $60 per hour, the total cost to the Government would be $150. There may be staff resources involved in taking action in response to this notification, however, even in the absence of this rule, NRC would still

(- have to react'to any health and safety problems brought about by bankruptcy.

The benefit of this rule is that it will enable NRC to be aware of potential ~

licensee problems in. handling and disposing of radioactive materials due to severe financial problems and will put NRC in a better reactive mode for protecting public health and safety. Prompt identification of these situations

! will result in reduction in NRC resources involved in such activities as N

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. enforcement actions and interfaces with a concerned public regarding contaminated sites. Thus, the net effect of this rule will be a reduction in NRC staff resources.

13. Estimate of Burden

a. The estimated annual burden for this information collection is 0.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> or less for those licensees who prepare and submit notifications.

It is estimated that 5 licensees would submit notifications in a year.

Thus, the total industry burden for this requirement would be 2.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per-year (5 licensees x 0.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per licensee). Table 1 contains the estimated amount of burden for each affected 10 CFR Part. a

b. The estimated annual cost per respondent to respond to the information collection requirement is $30 ($60/hr x 0.5 hour5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />) for those licensees who submit notifications. The total annual industry cost is estimated to l , 1150. This is based on the number of respondents and the time spent in complying with these amendments as noted in 13a above.

c. The total number of respondents is estimated to be 5 annually.

i The number of responses per respondents is expected to be not more than one time during the license period for any given licensee and more likely zero for the large majority of licensees who are not involved in petitions for bank-ruptcy. The burden on those who are respondents was estimated based on the Stime it would reasonably take to prepare the notification listing the location and date of the bankruptcy filing and submittal of the notification to the NRC regional office.

The burden on respondents may vary since different NRC licensees have varying situations with respect to their financial stability. For example, electric utility licensees which have public utility commissions regulating their rates and Federal and state government licensees are expected to be less likely to be affected by these amendments. Hence, the burden of these amendments may be more likely to fall on private organizations and individuals licensed to possess and use radioactive material.

The information collection requirement consists of submittal of only one notification.

14. Reasons for Change in Burden The borden estimated here represents an increase of 2.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> and

$150 over the annual industry burden estimated under the current clearance.

This increase is needed to enable NRC to better carry out its mission of protecting the public health and safety.

15*. Publication for Statistical Use The information collected is not expected to be published for statistical use.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in the collection of information.

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1 TABLE 1 Estimated Burden by 10 CFR Part No. of No. of Responses Total Annual Hours Per Total Section No. Respondents Per Respondent Responses Response Hours

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30.34(h) 3 1 3 0.5 1.5

-40.41(f) -1 1 1 0.5 0.5-50.54(cc) 0 0 0 0 0 61.24(k) 0 0 0 0 0 70.32(a) 1 1 1 0.5 0.5 72.33(b) 0 0 0 0 0 4

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