ML20211D363
| ML20211D363 | |
| Person / Time | |
|---|---|
| Issue date: | 08/09/1999 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20211D336 | List: |
| References | |
| SECY-99-174-C, NUDOCS 9908270014 | |
| Download: ML20211D363 (7) | |
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A F F I R M A T I O N VOTE
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TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MCGAFFIGAN 1
SUBJECT:
SECY-99-174 - FINAL RULE: EXPAND APPLICABILITY OF 10 CFR PART 72 TO HOLDERS OF, AND APPLICANTS FOR, CERTIFJCATES OF COMPLIANCE, AND THEIR l
CONTRACTORS AND SUBCONTRACTORS Approved I Disapproved Abstain Not Participating COMMENTS:
See attached comments,and edits.
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Entered on "AS" Yes [
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Commisaloner McCampan'a Comments cn SECY-99174 I
l Li approve publication of the final rule, " Expand Applicability of 10 CFR Part 72 to Holders of, and l
" Applicants for, Certificates of Compliance, and their Contractors and Subcontractors' subject to l
the. edits recently submitted by the staff to more clearly articulate the quality assurance requirements appiscable to contractors and subccia.ctors. I also approve the revised Enforcement Policy. I join Chairman Dicus and Commissioner Mornfield in commending the staff for their efforts to improve the regulatory framework in this program area.
' I firmly believe that NRC's regulatory program for the safe storage and transport of spent nuclear fuel (SNF) would be greatly enhanced by this rule since it allows NRC to establish a more direct and much needed regulatory relationship with contractors and subcon+ractors of certificate holders and licensees. The commercial nuclear power industry, the Department of Energy and the Navy depend on the availability of NRC-certified SNF casks that meet NRC-approved Quality Assurance (QA) requirements. The importance of high-quality casks to the national SNF management program should not be underestimated.
As the paper. discusses, inadequate implementation of some NRC-approved QA programs in recent years resulted in significant safetyissues that caused the suspension of SNF cask I
fabrication for two years in one case and brought dry fuel storage loading actnnties to a standstill
. in another case. The staff believes and I agree that the safety issues identified would likely have l
been identified and resolved more promptly and at a lower cost to both industry and the NRC l
had NRC promptly issued a Notice of Violation (NOV) as provided by this rule. One advantage of issuing an NOV rather than a Notice of Nonconformance (NON) is that an NOV requires a response whereas an NON simply requests a response. This is a subtle but important l
distinction that would allow NRC to establish a more direct regulatory relationship with those entities that implement an NRC-approved QA program for SNF casks on a daily basis. That is not to say that in promulgating this rule NRC would in any way dilute its expectation that
- licensees and certificate holders bear primary responsibility for assuring cask quality and compliance with applicable NRC requirements. The staff has indicated that this is NRC's position in the draft Federal Register notice when responding to a public comment.
L l agree with Chairman Dicus that in light of the immaturity of the cask fabrication industry additional enforcement tools are necessary at this time. These tools will help NRC ensure a l;
reliable and predictable supply of SNF casks for the future. I would also argue that a l
Commission deosion to extend its authority to contractors and subcontractors in this industry should not necessarily be considered a precedent for other regulatory programs or industries.
- Rather, policy decisions of this nature should be determined on a case-by-case basis.
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Suggested edits to the Federal Reaister notice, Congressional letters and press release are t
indicated on the attached pages.
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN: 3150-AF93 Expand Applicability of Part 72 to Holders of, and Applicants for, Certificates of Compilance and Their Contractors and Subcontractors AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
10 CE1L M 9'
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending b igitr_Yto clarify X
the obligations of holders of, and applicants for, Certificates of Compliance (CoCs) and their i
contractors and subcontractors. These amendments will enhance the C:wnmission's ability to take enforcement action against these persons when legally binding requirements are violated.
4 This action will emphasize the safety and regulatory significance associated with violations of
.the regulations. In addition, a new section identifies recordkeeping and reporting requirements for certificate holders and applicants for a CoC.
EFFECTWE DATE: This final rule is effective on (60 days from the date of publication in the Federal Register).
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resources to report deficiencies thau not affect the ability of the component to perform its intended safety function. The commenter suggested revising 9 72.242(d) to read as follows:
" deficiency affects the ability of structures, systems, and components important to safety to perform their intended amfety function," (emphasis original).
l Response: The NRC agrees with the comment and the final rule has been revised to incorporate the comment.
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- 9. Comment: One commenter, a cask fabricator, had two objections to the proposed rule.
First, the commenter was opposed to the potential for issuance of NOVs and civil penalties against cask fabricators because they have no responsibilities or involvement in developing the i
design configurations for the various spent fuel packages. Second, the commenter indicated that the proposed changes to $72.146(a) and (b), " Design Control," were troublesome because, under the current procurement process for spent fuel packages, the commenter believes fabricators are intentionally precluded from the development of front and design and licensing activities. The fabricator currently bases manufactunng planning documentation upon the adequacy of a customer provided specification package. The commenter indicated that the fabricator may or may not utilize customer provided drawings for manufacture and that where the fabricator generates the drawings the designer and/or licensee might require their review
' and approval, but that there is no accepted industry practice on this matter.
Response: The NRC disagrees with the commenter. The NRC believes that while fabricators
. aren't irwolved in the ' design process, dfabricat dodbuild the cask to the design g
. J.J, 0; t y the certificate holder. However, in instances where the fabricator generates 7
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y Wsw witnin the scope of Part 72 requir ents, and the NRC has not had a clear basis to cite these persons for violations of Part 72 requi monts in the same way it treats licensees. When the j
NRC has identified a failure to comply ' Part 72 requirements by these persons, it has 7
Notice of Nonconformance (NON rather than an NOV. With these changes to Part 72, the Commission will be in a 'positen to issue a7NOh A Notice of Violation (NOV) is a A
anA O d us.
I written notice that sets forth one or more violations of a legally binding requirement. The NOV eiidedi conveys to both the person violating the requirement and the public that a violation of a legally binding requirement has occurred and permits use of graduated severity levels to convey more clearly the safety significance of the violation. Therefore, in addition to the changes to Part 72, the Commission is amending Part X of the Enforcement Policy, Enforcement Action Against NonLicensees, to make clear that nonlicensees who are subject to specific regulatory requirements; e. g., Part 72, will be subject to enforcement action, including NOVs and orders. Ibe kn4 b+ 12 rJe d.u ao+ proyd,
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Paperwork Reduction Act This policy statement does not contain a new or amended information colleebon requirement subject to the Paperwork Reducten Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget (OMB), approval number 3150-0136. The approved information collecnon requirements contained in this policy statement appearin Section Vll.C.
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION 7['
WAsHINeTON, D.C. agesS4em l
[ M d ch-e is The Honorable James M. Inhofe,' Chairman N#b Subcommittee on Clean Air, Wetlands, Private k.d,_f.
Property and Nuclear Safety.
Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee is a copy of a Federal Register notice concoming final amendments to 10 CFR Part 72, " Ucensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste."
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to expand the applicability of Part 72 to holders of certificates of compliance (i.e., a document issued by NRC that approves the design of spent fuel storage casks), applicants for the certificates, and their contractors and subc04.ctors. Although these persons are already subject to certain provisions of Part 72, they are not yet explicitly subject to other provisions intended to apply to
. them. As a result, NRC has refrained from issuing Notices of Violations (NOVs) in instances when these persons failed to comply with the regulations. Instead, NRC has issued an administrative action in me format of a Nobce of Nonconformance ch lacks the necessary
, enfvicement sanctions to more effectively address performance bloms tnat have occurred in the spent fuel storage industry. We are also adding to the NRC's E1forcement Policy, language that reflects these changes in the regulations.
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These amendments will enhance the Commission's ability to take enforcement actons against certificate holders, applicants for certificates, and their contractors and subcontractors, in the form of NOVs, when these persons fail to comply with the regulations. This will allow NRC to more effectively and efficiently cany out its responsibilities to protect public health and safety and the environment.
The Commission is forwardmg the final amendments to the Office of the Federal Register for Publication.
Sincerely, Dennis K. Rathbun, Director l
Office of Congressional Affairs i
Enclosure:
Federal Register Nobce
. oc:
Senator Bob Graham
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CGRDFI'###S NRC EXPANDS REGULATIONS
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FOR SPENT FUEL STORAGE CASK DEFI"2.""E -
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The Nuclear Regulatory Conunission is expa. ding the e c;_
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,,,li::hl;.7 holders of, and applicants for, NRC certificates of compliance for-th: :'. :ig- 07a spent fuel storage cask, and to.their contractors and subcontractors.
These changes are necessary to more effectively address performance i
problems that have occurred in the spent fuel storage industryover b
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The revisions enhance the agency's ability to take enforcement action against these companies.1fthey violate requirements in Part 72 X
of the Commission's regulations.
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'The changes also add reco esping and reporting requirements.
Further details of the c ges are contained in a Federal
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Register notice to be publis ed shortly.
The revisions will be effective 60 days after p 11 cation of this notice. 1 ' ALL h ai, Me.
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