ML20202J167
| ML20202J167 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/1997 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-62FR63825, RULE-PR-50, RULE-PR-70 NUDOCS 9712110074 | |
| Download: ML20202J167 (14) | |
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DOCKET NUMBER PROPOSED RULE PR so oo occxcrto (4:2F4 G3Fa5) USNRC (7590-01-P] ,
NUCLEAR REGULATORY COMMISSION 37 EC -9 A10:35 10 CFR Parts 50 and 70 OFFICF OF Srr. 1
] RULEM/*lN:;Y ac, y RIN: 3150-AF87 ADJUDtCAfCM STVF Critical;ty Accident Requirements
/sGENCY Juclear Regulatory Commission.
g ACTION. Direct Final rule with Opportunity to Comment.
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SUMMARY
- The Nuclear Regulatory Commission (NRC)is amending its regulations to piovide h 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 material (SNM) maintain a criticality monitoring system in each area whera the material is handleo, used, or stored. This action is taken as a result of the experience gained in processing and !
evaluating a number cf exemption requests from pcwer reactor licensees and NRO's safety assessments in response to these requests that concluded that the likelihood of criticality was negligible.
- f. 17,!198 EFFECTIVE DATE: The final rule is effective (?S j dr' : cher pubLet!?" la *e N"2' ".091%
W % 1998 unless significant adverse comments are re:eived by (S^ d:p /Au puoncation in tne remoi b
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Ratyste4 If the effective date is delayed, timely notice will be published in the Federal Register. L. -
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ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemuking and Adjudications Staff.
Hand deliver commentt, to 11555 Rockville Pike, Maryland, between 7:30 am and 4:15 pm on Federal workdays.
Coples of any comments received may be examined at the NRC Public Document Room,2120 L Street NW. (Lower Level), Washington, DC.
For information on submitting comments electronically, see the discussion under Electronic Access in the Supplementary Information section.
FOR FURTHER INFORMATION CONTACT: Stan Turel, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commissioil, Washington, DO 20555-0001, telephone (301) 415-6234, e-mail spt@nrc. gov.
SUPPLEMENTARY INFORMATIO"-
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 requiremente 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 frcm regulations in 10 CFR 70.24(d) which provided that a licer.see could seek an exemption to all or part of l
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10 CFR 70.24 for good cause because it is redundant to 10 CFR 70.14(a). A modifM 10 CFR 70.24(d) is being added to provide that the requirements in paragraph (a) through (c) of 10 CFR Part 74 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 regulations in 10 CFR 70.24 requi e 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, used, or stored. The regulation also specifies sensitivity requirements for these monitors and details the training that licensees r1ust conduct in connection with criticality monitor alarms The purpose cf this section is to ensure that if a criticality were to occur during the handCag of SNM, /
personnel would be alerted and would take appropriate action.
Most nuclear power plant licensees were granted exemptions from 10 CFR 70.24 during the construction of their plants as part of the 10 CFR Part 70 license issued to permit the receipt of the initial core. Generally, these exemptions were not explicitly renewed when the 10 CFR Part 50 operating license, which now contained the combined Part 50 and Part 70 authonty, was issued. The requirements in 10 CFR 70.24 prescribe the attributes sequired 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 un'ikely that the probability of occurrence of an inadvertent criticality is negligible. The NRC anticipated that the regulation might be unnece:,sary 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 number of exemption requests have been submitted by
power reactor licensees and approved by the NRC based on safety assessments which concluded that the likelihood of criticality was negligible. Because of the experience gained in processing these exemption requests, the NRC concluded that the regulations should be amended to provide this flexibility without requiring licensees to go through the exemption a
process.
Discussion At a commercial nuclear power plant, the reactor core, the fresh fuel delivery area, t.1e fresh fuel storage area, the spent fuel pool, and the transit areas among these, are areas where e
amounts of SNM sufficient to cause a criticality exist. In addition, SNM may be found in laboraSV 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 be assembled into a critical mass at a commercial nuclear power plant is only in the form of nuclear fuel. Nuclear power plant licensees have procedures and the plants have design features to prevent inadvertent criticality. The inadvertent criticality that 10 CFR 70.24 is intended to address could only occur during fue!-handling operatiore.
In contrast, at fuel fabrication facilities SNM is found and handled routinely in various 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 provide greater opportunity for an inadvertent criticality than at a nuclear power reactor.
At power reactor facilities with uranium fuel enriched to no greater than five (5.0) percent by weight U-235, the SNM in the fuel assemblies cannot go critical without both 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 prevent inadvertent criticality, even in the i
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presence of an optimal density of unborated moderator. Inadvertent criticality during fuel hand 5ng is precluded by limitations on the number of fuel assemblies perrnitted out of storage at the same time. In addition, General Design Criterion (GDC) 62 in Appendix A to 10 CFR Part 50 reinforces the prevention of criticality in fuel storage and handling through physical systems, processes, and safe gometncal configuration. Moreover, fuel handling at power reactor facilities occurs only under strict procedural control. Therefore, the NRC considers a fuel-handlirig accidental criticality at a commercial nuclear power plant to be extremely unlikely. The NRC bel; eves 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 criticality monitoring requirements meet certain criteria related to procedures, plar.t design, and fuel enrichment.
These criteria are incorporated into section 50.68(b) of 10 CFR Part 50 by this direct final rule.
The three changes in the requirements 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) Gection 50.68(b) provides that each licentee 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 holders of a construction permit or operating license for a nuclear power resctor J
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 Because NRC considers these amendments to its rules to be noncontroversial and routine, public comment on these amendments is unnecessary. The amendments to the rules will become effective 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 Fedsral Register), then the NPC will puolish 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 initiate a second comment period on -
this action.
Findings l>pon review of this rulemaking, that the changes and additions addressed by this ralemaking 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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. t' v Metric Policy On October 7,1992, the Commission published its final Policy Statement on Metrication.
According to that policy, after January 7,1393, 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 The NRC has determined that this proposed regulation is the type of action d(scribed in categorical exclusion 10 CFR 51.22(c)(3). Therefore neither an environmentalimpact statement nor an environmental assessment has been prepared for this proposed regulation.
Electronic Access You may also provide comments via the NRC's interactive rulemaking web site through the NRC home page (http://wv.w.nrc. gov). This sito provides the availability to upload comments as files (any format), if your web browser supports that function. For information about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-6215; e-mail CAG@nrc. gov.
Paperwork Reduction Act Statement t This direct final rule does not contain e new or amended information collection requiremert subjectto the PaperworkReduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements
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were approved by the Office of ManaDement and Budget, approval numbers 3150-0009 and 3150-
, 0011.
4 Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC
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may not conduct or sponsor, and a person is not required to respond to, the information colledio :.
Regulatory Analysis n
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 facilitywhere the requirements are unnecessary, and to request an exemption if the licensee has sufficient reascn to be relieved frora the requirements.
This existing structure has the potentialto result in a large number of recurring exemption request.
To relieve the burden on power reactorlicensees of applying for, and the burden on the staff of granting recurring exemptions, this amendment permits power reactor facilities with 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 requirements being added to 10 CFR Part 50. This amendmert is a result of the experience gained in processing and evaluatirg 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 licenseesto continue requesting exemptions. If nothing is dnne, the licensees will continue to incur the costs of submitting exemptions and NRC willincur the costs of reviewing them. Under this rule,
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an easing of burden on the part of licensees results by their not having to request exemptions.
Similarly,the NRC will not need to review and evaluate these exemptiori requests, resulting in an easing of burden for the NRC.
This rule it not a manduory requirement, but un 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 it shown to be cost beneficial.
The foregoing constitutes the regulatory analysis for this 'inal rule.
Regulatory Flexibility Certification ,
in accordance with the Regulatory Flexibility Act of 1980,5 U.S.C. 605(b), the Commission hereby certifies that this rule, if adopted, will not have a significant economic impact on a substantialnumber of small entities. This rule affects cnly the licensees of nuclear power plants.
- These licensees, companies that are dominant in their service areas, do not fali within the scope of t'ae definition of "small entities" set forth in the Regulator / Flexibilits/ Act, 5 U.S.C. 601, or the size standards adopted by the NRC (10 CFR 2.810).
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Backfit Analysis The Commission has determined that a backfit analysis is not needed This rule is a codification of practims in place by the NRC and is not a modification of or addition to systems, structures, components,
- r design of a facility; or the design approval or manufacturing license for
- a facility; or the procedures of organization required to design, construct or operate a facility; aay e
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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 thwi is either new or different from a previously applicable NRC staff position (10 CFR Chapter 1).
Small Business Regulatory Enforcement Falmess Ac' in accordance with the Small Business Regulatory Enforcement Falmess Act of 1996, the
- NRC has determined that this action is not a " major rule" and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget.
List of Subjects 10 CFR Part 50 4 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovemmental relations, Nuclear power plants and reactors, Radiation protect:on, Reactor siting criteria, Reporting and recordkeeping requirements.
' 10 CFR Part 70 Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requireinents, Scientific equipment, Security measures, Special nuclear material.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the National
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- 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: Sees. 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); sr es. 201, as amended, 202,206,88 Stat.
1242, as amended 1244,1246, (42 U.S.C. 5341,5842,5846).
Section 50.7 also issued under Pub. L. 95 - 601, sec.10,92 Stat. 2951, as amended by Pub. L.102 - 486, sec. 2902,106 Stat. 31'a3, (42 U.S.C. 5851). Sections 50.10 also issued under secs.101,185,68 Stat. 936,955, as amended (42 U.S.C. 2131,2235); sec.102, Pub. L. 91 - 190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13,50.54(dd), and 50.103 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23,50.35,50.55, and 50.56 also issued 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 alsoissued under 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. 939 (42 U.S.C. 2152). Sections 50.80 50.81 also issued under sec.184,68 Stat.
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 under the center heading " Issuance, Limitations, and Conditions -
of Licenses and Construction Permits" to read as follows:
6 50.68 Criticality accident reouirements.
(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 chs.pter or requirements in paragraph (b).
(b) Each licensee shall comply with the following requirements in lieu of maintaining a menitoring system capable of detecting a criticality as described in 10 CFR 70.24:
' (1) Plant procedures may not permit handling and transportation at any one time of more fuel assemblies than have been determined to be safely suberitical under the most adverse
, moderation conditions feasible by unborated water.
(2)- The estimated ratio of neutron production to neutron absorption and leakage (k-effective)of the fresh fuelin 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 percent confidence level.
(3) If' optimum moderation of fresh fuelin the fresh fuel storage racks occurs when the racks are assumed to be loaded wi'h 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 ioaded with fuel of the maximum
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. v v permissible U 235 enrichment must not exceed 0.95, at a 95 percent probability,95 percent confidence level, if flooded with borated water, and the k effective must remain below 1.0 ,
(subcritical), at a 95 percent probability,95 percent confidence level, if flooded with pure water.
(5) The quantity of SNM, other than nuclear fuel stored on site, is less than the quantity necessary for a critical mass.
(6) Radiation monitors, as required by GDC 63, are provided in storage and associated handling areas when fuel is 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: Sees. 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).
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r 0;ction 70.61 clp;-~ under secs. 186,187,68 Sts(b(42 U.S.C. 2236,2237).
.- Section 70.62 also issued under sec.108, 68 St;t. 939, as tmended (42 U.S.C. 2138).
- 2. In $ 70.24, paragraph (d) is revised to read as follows: -
6 70.24 Criticality accident reouirements.
I (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 combined licensesissued under part 52 of this chapter, if the holders comply with i
the requirements of paragraph (b) of 10 CFR 50.68 of this chapter.
4 Dated at Reckville, Maryland this d day of M od 1997.
Fnr the Nuclear Regulatory Commission. )
t-o 6-allan, C. Jose @ Director for Operations.
Executive i
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