ML20199L321

Forwards Final Amends to Commission Rules 10CFR50 & 70 Re Criticality Accident Requirements

ML20199L321
Person / Time
Issue date:	12/02/1997
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Gingrich N, Gore A, Murphy R GENERAL ACCOUNTING OFFICE, HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, PRESIDENT OF THE SENATE
References
FRN-62FR63825, RULE-PR-50, RULE-PR-70 CCS, NUDOCS 9802090175
Download: ML20199L321 (3)

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December 2, 1997 The Honorable Al Gore President of the United 1 States Senate Washington, DC 20510

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Dear Mr. President:

Pursuant to Subtitle E of the Small Bus'.c. css Regulatory Enforcement Fairness A >

5 U. S. C, 801, the Nuclear Regulatory Commission (NRC) is submitting final ame i,ts to h the Commission's rules in 10 CFR Parts 50 and 70. The NRC is amen  ; its regulations to y allow persons licensed to construct or operate a light-water nuclear r .. reactor to have the option of either meeting the c.iticality accicent requirements of paragrap.1(a) of 10 CFR 70.24 in handiir>g end storage areas for SNM or electing to compt / with cartain requirements that would oe inecrporated into a new section in Part 50. In addition, paragraph (d) of 10 CFR 70.24 is being revised because it is redundant to 10 CFR 70.14(a).

We iiave detern#ed that this rule is not a " major rule" as defined in 5 U. S. C. 804(2). We

, hava confirmed this determination wid 2he Office of Management and Budget.

Enclosed is a copy of the final rule that is being transmitted to the Office of the Fedeial Register for publication. This final rule will become effective when it is publisned in the Federal Register.

Sincerely, m l (/ '

r Deni is K. Rathbun, Director Office of Congressi<,e Affairs

Enclosure:

Final Rule O

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%g December 2, 1997 Mr. Robert P. Murphy General Counsel

' General Accounting Office

- Room 7175 441 G Street, NW.

Washington, DC 20548

Dear Mr,

Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness act of 1996, 5 U. S. C 801, the Nuclear Regulatory Commission (NRC) is submitting final ar endments to the Commission's rules in 10 CFR Parts 50 and 70. T'.3 NRC is amending its regulations to allow persons licensed to construct or operate a light-water nuclear power reactor to have the option of either meeting the criticality au:ident requirements of paragraph (a) of 10 CFR 70.24

- in handling and storage areas for SNM or electing to comply with certain re quirements that would be incorporated into a new section in Part 50. In addition, paragraph (d) of 10 CFR 70.24 is being revised because it is redundant to 10 CFR 70.14(a).

We have determined that this rule is not a " major rule" as defined in 5 U. S. C 804(2). We have con;irmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final rule that is being transinitted to the Office of the Federal Register for publication. This final rule sill become effectiva when it is published in the Federal Register.

Sincerely, M+O 4 -

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Fina; Rule -

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December 2, 1997 The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U. S. C. 801, the Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commiss:on's rules in 10 CFR Parts 50 and 70. The NRC is amending ita regulations to allow persoins licensed to construct or operate a light-water nuclear power reactor to have the ,

option of either meeting the critie .lity accident requiremer.ts of paragraph (a) of 10 CFR 70.24 i in handling and storage :. eas for GNM or electing to comply with certain requirements that would be incorporated into a new section in Part 50. In addRen, paragraph (d) of 10 CFR 70.24 is belr.g revised because it is redundant to 10 CFR 70.14(a).

= We have determined that this rule is not a " major rule" as defired in 5 U. S. C. 804(2).1We hava confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. This final rule will become effective when it is pubnshed in the Federal Register.

Sincerely. -

(l a y ,1 Dennis K. Rathbun, Director-Office of Congressional Affairs

Enclosure:

Final Rule

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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 70 RIN: 3150-AF87 Criticality Accident Requirements AGENCY: Nuclear Regulatary Commission.

ACTION: Direct Final rule with Opportunity to Comment.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to provide  ;

light-water nuclear power reactor licensees with greater flexibility in meeting the requirement that licensees authorized to possess more than a small amount of special nuclear materiali (SNM) maintain a criticality monitoring system in each area where the material is handled, used, or stored. This action is taken as a result of the ex;,erience gained in processing arid evaluating a number of exemption requests from power reactor licensees and NRC's safety assessments in response to these request 1 that concluded that the likelihood nf criticality was negligible.

EFFECTIVE DA7d he final rule is effective (75 days after potlication in the Federal Register),

unless significant adverse comments are received by (30 days after publication in the Federal Register). If the effective date is delayed, timely notice will be published in the Federal -

Register.

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' ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff.

Hand deliver comments to 11555 Rockville Pike, Maryland, between 7:30 am and 4:15 pm on Federal workdays.

Copies oi any comments received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.

For information on subr6l".ing commants electronically, see the discussion under Electronic Access in the Supplementary nformation section.

FOR FURTHER INFORMATION CONTACT: Stan Turel, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6234, e-mail spt@nrc. gov.

SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory Commission (NRC) is amending its regulations to provide persons licensed to construct or operate light-water nuclear power reactors with the option of either meeting the criticality accident requirements of paragraph (a) of 10 CFR 70.24 in handling and storage areas for SNM, or electing to comply with certain requirements that would be incorporated into 10 CFR Part 50. These are generally the requirements that the NRC has used to grant specific exemptions to the requirements of 10 CFR 70.24. In addition, the NRC is revising the current text of the section relating to seeking specific exemptions from regulations in 10 CFR 70.24(d) which provided that a licensee could seek an exemption to all or part or 2-1 1 - -

10 CFR 70 24 for good cause because it is redundant to 10 CFR 70.14(a). A modified 10 CFR 70.24(d) is being added to provide that the requirements in paragraph (a) through (c) of 10 CFR Part 70.24 do not apply to holders of a construction permit or operating license for a nuclear power reactor issued pursuant to 10 CFR Part 50, or combined licenses issued under 10 CFR Part 52, if the holders comply with the requirements of 10 CFR 50.68 (b).

The Commission's regul6tions in 10 CFR 70.24 require that each licensee authorized to possess more than a small amount of SNM maintain a criticality monitoring system "using gamma- or neutron-sensitive radiation detectors which will energize clearly audible alarm signals if accidental criticality occurs"in each area in which such materialis handled, uset, or stored. The regulation also specifies sensitivity requirements for these monitors and details the training that licensees must conduct in connection with criticality monitor alarms. The purpose of this section is to ensure that if a criticality were to occur during the handling af SNM, personnel would be alerted and would take appropriate action.

Most nuclear power plant licensees were granted exemptions from 10 CFR 70.24 during tha construction of their plants as part of the 10 CFR Part 70 license issued to permit the receipt of the initial core. Generally, these exemptiods were not explicitly renewed when the 10 CFR Part 50 operating license, which now contained the combined Part 50 and Part 70 autnority, was issued. The requirements in 10 CFR 70.24 prescribe the attributes required of the monitoring and alarm system. Compliance with these requirements may be unnecessary for commercial power reactors where the conditions which could lead to a criticality event are so unlikely that the probability of occurrence of an inadvertent criticality is negligible. The NRC anticipeted that the regulation might be unnecessary for some licensees and included in 10 CFR 70.24(d) an invitation to any licensee to seek an exemption to the entire section or part of the section for good cause. A large nurr.ber of exemption requests have been submitted by l

1 power reactor licensees and approved by the NRC based on safety assessments which concluded that the likelihood of criticality was neglig!ble. Because of the experience gained in processing these exemptbn requests, the NRC concluded that the regulations should be amended to provide this flexibility without requiring licensees to go through the exemption process.

Discussion At a commercial nuclear power plant, the reactor core, the fresh fuel delivery area, the fresh fuel storage area, the spent fuel pool, and the transit areas among these, are areas where amounts of SNM sufficient to cause a criticality exist. In addition, SNM may be found in laboratory and storage locations of these plants, but an inadvertent criticality is not considered credible in these areas due to the amount and configuration of the SNM. The SNM that could oe assembled into a critical mass at a commercial nuclear power plant is only in the form of nuclear fuel. Nuclear power p!"nt licensees have procedures and the plante have design features to prevent inadvertent criticality. The inadvertent criticality that 10 CFR 70.24 is intended to address could only occur during fuel-handling operations.

In contrast, at fuel fabrication facilities SNM is found and handled routinely in varicus configurations in addition to fuel. Although the handling of SNM at these facilities is controlled by procedures, the variety of forms of SNM and the frequency with which it is handled provides greater opportunity for an inadvertent criticality than at a nuclear power reactor.

At power reactor facilities with uranium fuel nominally enriched to no greater than five (5.0) percent by weight, the SNM in the fuel assemblies cannot go critical without uoth a critical configuration and the presence of a moderator. Further, the fresh fuel storage array and the spent fuel pool are in most cases designed to preveniinadvertent criticality, even in the

presence of an optimal density of unborateo moderator. Inadvertent criticality during fuel handling is precluded by limitations on the number of fuel assemblies permitted out of storage at the same time. In addition, General Design Cnterion (GDC) 62 in Appendix A to 10 CFR Part 50 reinforces the prevention of criticality in fuel storaga and handling through physical systems, processes, and safe geometrical configuration. Moreover, fuel handling at power reactor facilities occurs only under strict procedural control. Therefore, the NRC considers a fuel-handling accidental criticality at a commercial nuclear power plant to be extremely unlikely. The NRC believes the criticality monitoring requirements of 10 CFR 70.24 are unnecessary as long as design and administrative controls are maintained.

Because the NRC considers an inadvertent criticality to be unlikely at a nuclear power reactor, by this rulemaking it is granting nuclear power reactor licensees a choice - either meet the criticality monitoring requirements of 10 CFR 70.24 or in lieu of those enticality monitoring requirements meet certain criteria related to procedures, plant design, and fuel eniichment.

These criteria are incorporated into section 50.68(b) of 10 CFR Part 50 by this direct final rule.

The three changes in the requirerrents are as follows:

(1) Section 50.68(a) provides that each holder of a construction permit or operating license for a nuclear power reactor issued under Part 50, or a combined license for a nuclear power reactor issued under Part 52 shall comply with either 10 CFR 70.24 or the seven requirements in section 50.68(b).

(2) Section Sv.68(b) provides that each licensee as described in 50.68(a) shall comply with the seven listed requirements in lieu of maintaining a monitoring system capable of detecting a criticality as described in 10 CFR 70.24.

(3) The revised section 70.24(d) provides that the requirements in 10 CFR 70.24(a) through (c) do not apply to holdere of a construction permit or operating license for a nuclear power reactor 5-mm---mm-mme--- - - - - - - - - - - - ---------iiim

Issued pursuant to 10 CFR Part 50, or combined licenses issued under 10 CFR Part 52, if the holders comply with the requirements of paragraph (b) of 10 CFR 50.68.

Procedural Background w Because NRC considers these amendments to its rules to be noncontroversial 1.nd routine, public comment on these amendments is unnecessary. The amendments to the rules will become effec *ive on (75 days after publication in the Federal Register). However, if the NRC receives significant adverse comments on the companion proposal published concurrently in the proposed rules section of this Federal Register by (30 days after publication in the Feder al Register), then the NRC will publish a document that withdraws this action and will address the comments received in response to the amendments. Such comments will be addressed in a subsequent final rule. The NRC will not initiats a second comment period on this action.

Findings Upon review of this rutomaking, that the changes and additions addressed by this rulemaking do not significantly affect the environmental cost-benefit balance that otherwise would justify the licensing of a light-water nuclear power reactor. The basis for this finding is that this rule is a codification of practices in place and does not significantly affect the cost-benefit balance for a light-water reactor.

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-l Metric Policy '

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'On October 7,1992, the Cr.mmission published its final Policy Statement on Metrication.

According to that policy, after Anuary 7,1993, all new regulations and major amendments to existing regulations were'to be presented in dual units. The new addition and amendment to

' the regulations contain no units.

Environmentalimpact: Categorical Exclusion I

The' NRC has determined that this proposed regulation is the type of action deteribed in i

categorical exclusion 10 CFR 51.22(c)(3). Therefore neither an environmental impact I statement nor an environmental assessment has been nNpared for this proposed regulation.

j-Electronic Access You may also provide comments via the NRC's Literactive rulemaking web site through the

- NRC home page (http://www.nrc. gov). This site provides the availability to upload comments as files (any format), if your web browsar supports that function. For information about the c Interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-6215; e-mail CAG@nrc. gov.

?'

t Paperwork Reduction Act Statement This direct final rule doss not contain a new or amended information collection requiremert ,

j subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements

were approved by the Office of Management and Budget, approval numbers 3150-0009 and 3150-0011.

Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information colledion.

Regulatory Analysis The structure of the current 10 CFR 70.24 is overly broad and places burden on a licensee to identify those areas or operations at its facility where the requirements are unnecessary, and to request an exemption if the licensee has sufficient ruason to De relieved from the requirements.

This existing structure has the potentialto result in a large number of recurring exemption requests.

To relieve the burden on power reactoriicensees of applying for, and the burden on the staff of granting recurring exemptions, this amendment permits power reactor facilities with nominal fuel enrichments no greater than 5 weight percent U-235 to be excluded from the scope of 10 CFR 70.24, provided they meet specific requirementsbeing added to 10 CFR Part 50. This amendmert is a result of the experienca gained in processing and evaluating a number of exemption requests from power reactor licensees and NRC's safety assessments in response to these requests that concluded that the likelihood of criticality was negligible.

The only other viable option to this amendment is for the NRC to do nothing and allow the licensees to continue requesting exemptions. If nothing is done, the licensees will continue to incur the costs of submitting exemptions and NRC will incar the costs of reviewing them. Under this rule,

.s.

an easing of burden on the part cf licensees results by their not having to request exemptions.

Similar:y,the NRC will not need to review and evaluate these exemption requests, resulting in an easing of burden for the NRC.

- This rule !s nc' a mandatory requirement, but an easing of burden action which results in regulatory efficiency. - Also, the rule does not impose any additional costs on licensees, has no negative impact on the public health and safety, but will provide certain licensees savings, and savings to the NRC as well. Hence, the rule is shown to be cost beneficial.

The foregoing constitutes the regulatory analysis for this final rule.

Regula*my Flexibility Certification in accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission hereby certifies that ihis ruie, if adopted, will not have a significant economic impact on a substantialnumber of small entities. This rule affects only the licensees of nuclear power plants.

t These licensees, compsr ies that are dominant in their se vice areas, do not fall within the scope of the definition of "small entities" set forth in the Regulatory Flexibility Act, 5 U.S.C. 601, or the size standards adopted by the NRC (10 CFR 2.810).

Backfit Analysis The Commission has determined that a backfit analysis is not needed. This rule is a codification of practices in place by the NRC and is not a modification of or addition to systems, structures, components, or design of a facility; or the design approva' or manufacturing license for a facility; or the procedures of organization required to design, construct or operate a facility; any 9

of which may result from a new or amended provision in the Commission rules or the imposition of a regulatory staff position interpreting the Commission rules that is either new or different from a previously applicable NRC staff position (10 CFR Chapter I).

Smsli Business Regulatory Enforcement Fairness Act -

In accordancewith the Small Business Regulatory Enforcement Faimess Act of 1996, the NRC has determined that this action is not a " major rule" and has verified this determinatiou '.. th the Office of Information and Regulatory Affairs, Office of Management and Budget.

List of Subjects 10 CFR Part 50 -

Antitrust, Classified information, Criminal penalties, Fire protection, Intergovemmental-relations, Nuclear power plants and rev.t a s, Radiation protection, Reactor siting criteria, Reporting cnd recordkeeping requirements.

-10 CFR Part 70 Criminal penaltics, Hazardous materials transportation, Material control and accounting,

' Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping rsquirements, Scientific equipment, Security measures, Special nuclear material.

- For the reasons set out in the preamble and under the authority of the Atomic Eneigy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the National 10-

Environmental Policy Act of 1969, as amended, and 5 U.S.C. 553, the NRC is adopting the following amendments to 10 CFR Parts 50 and 70.

PART 50-DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES The authority citation for 10 CFR Part 50 continues to read as follows:

1. Authority: Secs. 102,103,104,105,161,182,183,186,189,68 Stat. 936, 937,938, 948,953,954,955,956, as amended, sec. 234,83 Stat. 444, as amended (42 U.S.C. 2132,2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202,206,88 Stat.

1742, as amendeo 1244,1246, (42 U.S.C. 5841, 5842, 5846).

Sect'an 50.7 als; 4. sued under Pub. L. 95 - 601, sec.10,92 Stat. 2951, as amended by Pub. L.102 - 485. sec. 2902,106 Stat. 3123, (42 U.S.C. 5851). Sections 50.10 also issued under

{ secs.101,185,69 Stat. 936,955, as amended (42 U.S.C. 2131,2235); sec.102 Nb. L. 91 - 190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13,50.54(dd). and 50.103 also issued . der sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23,50.35,50.55, and 50.56 also is ,ued under sec.185,68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a,50.55a and Appendix Q also issued under sec.102, Pub. L. 91 - 190,83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued undar sec. 204,88 Stat.1245 (42 U.S.C. 5844). Sections 50.58,50.91, and 50.92 also issued under Pub. L. 97 - 415,96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec.122,68 Stat. 93S 62 U.S.C. 2152). Sections 50.80 50.81 also issued under sec.184,68 Stat.

a 954, as amended (42 U.S C. 2234). Appendix F also issued under sec.187,68 Stat. 955 (42 U.S.C. 2237).

2. Section 50.68 is added unt: the center heading

• issuance, Limitations, and Conditiors of Licenses and Construction Permits' to read as follows:

$ 50.68 Criticality accident reauirements.

(a) Each holder of a construction permit or operating license for a nuclear power reactor issued under this part, or a combined license for a nuclear power reactor issued under part 52 of this chapter shall comply with either 10 CFR 70.24 of this chapter or requirements in paragraph (b).

(b) Each licensee shall coraply with the following requirements in lieu of maintaining a monitoring system capable of detecting a criticality as described in 10 CFR 70.24:

(1) Plant procedures may not permit hand:ing and transportation at any one time of more fuel assemblics than have been determined to be safely subcritical under the most adverse moderation conditions feasible by unborated water.

(2) The estimated ratio of nesiron production to neutron absorption and leakage (k-effective)of the fresh fuel in the fresh fuel storage racks shall be calculated assuming the racks are loaded with fuel of the maximum permissible U-235 enrichment and flooded with pure water and must not exceed 0.95, at a 95 percent probability,95 porcent confidence level.

(3) If optimum moderation of fresh fuel in the fresh fuel storage racks occurs when the racks are assumed to be loaded with fuel of the maximum permissible U-235 enrichment and filled with low-density hydrogenous fluid, the k-effective corresponding to this optimum moderation must not exceed 0.98, at a 95 percent probability,95 percent confidence level.

(4) If no credit for soluble boron is taken, the k-effective of the spent fuel storage racks loaded with fuel of the maximum permissible U-235 enrichment must not exceed 0.95. at a 95 percent probability,95 percent confidence level, if flooded with pure water. If credit is taken for soluble boron, the k-effective of the spent fuel storage racks loaded with fuel of the maximum

permissible U-235 enrichment must not exceed 0.96. at a 95 percent probability, 95 percent confidence level, if flooded with borated water, and the k-effective must remain below 1.0 -

g (suberitical), at a 95 percent probability,95 percent confidence level, if flooded with pure water.

(t, The quantity of SNM, other than nuclear fuel stored on site, is less than the quantity necessary for a critical mass.

(6) Radiation rnonitors, as required by GDC 63, are provided in storage end associated handling areas when fuelis present to detect excessive radiation levels and to initiate appropriate safety actions.

(7) The maximum nominal U-235 enrichment of the fresh fuel assemblies is limited to no greater than five (5.0) percent by weight.

PART 70-DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL The authority citation for 10 CFR Part 70 continues to read as follows:

1. Authority: Secs. 51, 53,161,182,183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234,83 Stat. 444, as amended, sec. 1701,106 Stat. 2951,2952,2953 (42 U.S.C. 2071,2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat.1242, as amended, 1244,1245,1246, (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.1(c) and 70.20a(b) also issued under secs.135,141, Pub. L. 97 - 425, 96 Stat. .

2232,2241 (42 U.S.C.10155,10161). Section 70.7 also issued under Pub. L. 95 - 601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L. 93 -

377,88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 also issued under sec.184,68 Stat.

954, as amended (42 U.S.C. 2234).

1

, S:cti:n 70.61 cis3 issued under secs. 186,187,68 Stit. 955 (42 U.S.C. 2236,2237).

,. Section 70.62 tiso issued und;r sec.108,68 Stat. 939, cs em:nded (42 U.S.C. 213C;.

2. In S 70.24, paragraph (d)is revised to read as follows:

6 70.24 Criticality accident reauirements.

(d)The requirements in paragraph (a) through (c) of this section do not apply to holders of a construction permit or operating license for a nuclear power reactor issued pursuant to part 50 of this chapter, or combinedlicensesissued under part 52 of this chapter, if the holders comply with the requirements of paragraph (b) of 10 CFR 50.68 of this t.hapter. >

J 4

Dated at Rockville, Maryland this d day of /d od 1997.

For the Nuclear Regulatory Commission.

o C. Jme@' allan, Executive Director for Operations.

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