ML20212H250
| ML20212H250 | |
| Person / Time | |
|---|---|
| Issue date: | 09/24/1999 |
| From: | Gundersen G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20212H254 | List:
|
| References | |
| FRN-64FR17510, RULE-PR-72 AG02-2-001, SECY-96-176-C, SECY-96-197-R, NUDOCS 9910010008 | |
| Download: ML20212H250 (6) | |
Text
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I e n:vq g i UNITED STATES E
0" NUCLEAR REGULATORY COMMISSION i E- WASHINGTON, D.C. 20666 4001 AG02-2 l g+ PDR f .2 p/-49 MEMORANDUM TO: NUDOCS
. FROM: V
~ es
SUBJECT:
Gordon GundersenA' c>
ELIMINATION OF REPORTING REQUIREMENT AND 30-DAY HOLD IN ,
LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF I INDEPENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE (10 CFR PART 72) i Attached are documents of central relevance to the subject rulemaking as part of the established procedures for ensuring that a complete regulatory history is compiled. The miemaking that amends its regulations to remove 10CFR72.82(e), was published on April 12, 1999 (64 FR 17510).
The following is a listing of the attached documents comprising the regulatory history of the subject rulemaking.
- 1. Final rule FR pages,4/12/99
- 2. Press release,4/8/99
- 3. Final signed rule,3/23/99
- 4. Instructions to implement final rule, 3/31/99
- 5. Transmittal of final rule to EDO,3/17/99
- 6. Memo requesting office concurrence,1/20/99
- 7. Comments from NEl,12/17/98
- 8. Comments from PECO nuclear,11/30/98
- 9. Comments from PGE,11/4/98
- 10. Comments from BNFL,11/Pf08
- 11. Proposed rule FR pages,9/14/98
- 12. Press release,9/14/98
- 13. Cong,; Jonalletters,9/10/98
- 14. Signed proposed rule,8/25/98
- 15. OClO release of proposed rule,9/8/98
- 16. No OMB clearance needed,9/4/98
- 17. Instructions to implement proposed rule,9/4/98
- 18. Transmittal of proposed rule to EDO,8/20/98
- 19. OClO concurrence,8/13/98 t 20.
21.
NRR concurrence,8/10/98 ADM Concurrence,8/3/98
'h.Q j ,
- 22. OCFO concurrenc,7/31/98e
- 23. OE conneurrence,7/24/98 Proposed rule for office concurrence,7/20/08 24.
- 25. SFPO concurrence on proposed rule,6/26/98 y~ Q.I
- 26. SFPO review of proposed rule,6/19/98 p% ~,[c [q ,,
- 27. SECY-98-056 SRM approval of rulemaking plan,4/27/98 ' h'343.[
(j 9910010008 790924 PDR PR 72 64FR17510 PDR w 99lD b/OO67 (
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AG02-2 PDR
- 28. SECY-98-056 rulemaking plan,3/24/98
- 29. OE concurrence,12/24/97
- 30. . OCFO concurrence,12/30/97
- 31. NMSS concurrence 1/7/98
- 32. NRR concurrence,1/7/98
- 33. OGC no legal objection,1/7/98
- 34. Memo requesting oGce concurrence,12/22/97
- 35. Revised views of Chairman Jackson on SECY-96-176,9/23/96
- 36. NRR concurrence,9/22/97
- 37. - - NMSS concurrence,9/15/97
- 38. OClO conce.Tence,9/16/97
- 39. OCFO concurrence,9/5/97 l 40. OE concurrence 9/5/97
~ 41. SECY-96-176 SRM,10/9/96 l
- 42. Meeting note Chairman Jackscn with William Travers, 9/5/96
' 43. Request for office concurrence on rulemaking plan, 9/2/97 44.' OC concurrence,8/8/96
- 45. NMSS concurrence,8/1/96
- 46. Request for office concurrence, 7/19/96
- 47. Initiation of rulemaking,3/1/96 i
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4 g, g' d 17510 l' N Fed:rst Registtr/Vol, 64, No. 69/ Monday, April 12,1999/ Rules and Regulations 953,954,955,as amended, secs.11e(2). 83, for the Nuclear Reg tory Commission.
Annette L. Vietti-Cook, before spent fuel is loaded into an amended. 3039. sec. 234,83 Stat. 444, as amended (42 U.S.C. 2014(e)(2),2092. 2093, Secretary of the Commission. independent spent fuel storage 2094,2095.2111.2113,2114,2201,2232- WR Doc. 99-9035 Filed 4-9-99; n:45 aml installation (ISFSI) or before spent fuel
'2233,2236,2282); uc. 274, Pub. L.86-373. BM CODE 7sH-P or high-level radioactive waste (HLW) is 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as loaded into a monitored retrievable storage installation (MRS). Informwon e 4 2 42 C s'841,5842 NUCLEAR REGULATORY on the preoperational test program,,
5846); sec. 275, % Stat. 3021, as amended by COMMISSION including the specific tests and their Pub. L.97-415. 96 Stat. 2067 (42 U.S C. acceptance cntena, are contained in the 2022); 193,104 Stat. 2H35 as amended by 10 CFR Part 72 SAR submitted by the site-specific Pub. L.104-134,110 Stat.1321,1321-349 RIN 3150-AG02 licensee r by the certificate holder for (42 U.S.C. 2243). the design of the spent fuel storage cask Soction 40.7 also issued under Pub. L. 95- Elimination of Reporting Requirement to be used by the general licensee.
l 601, bec.10,92 Stat. 2951 (42 U.S.C. 5851). and 30-Day Hold in Loading Spent Fuel Section 72.82(e) requires licensees to Section 40.31(g) also issued under sec.122. After Prooperational Testing of submit to the NRC a report of the 68 Stat. 939 (42 U.S C. 2152). Section 40.46 Independent Spent Fuel Storage or prmperational test acceptance criteria also issued under sec.184,68 Stat. 954, as and test results at least 30 days before Monitored Retrievable Storage amended (42 U S.C. 2234). Section 40.71 also Installations the receipt of spent fuel or HLW for issued under sec.187,68 Stat. 955 (42 U.S.C. loading into an ISFSI or MRS. However.
2237). AGENCY: Nuclear Regulatory the licensee is not required to submit Commission. test procedures, only a summary report
- 2. In 10 CFR Part 40, Appendix A*
ACTION: Final rule. of the test results. A copy of this report Critonon 6(6), a second paragraph is s subsequently placed in the NRC added to read as follows:
SUMMARY
- The Nuclear Regulatory Public Document Room (PDR). The Appendix A to Part 40 Commission (NRC)is amending its purpose of the 30-day period is to
, , , , , regulations to eliminate the requirement establish a sufficient hold point to' that a report of the preoperational ensure that the NRC has sufficient time I. Technical Criteria '
testing of an independent spent fuel to inspect a now licensee's preparations
. . . . . storage installation or monitored and, if necessary, exercise its regulatory retrievable storage installation be authority before spent fuel is received at Criterior 6 * *
- submitted to the NRC at least 30 days an ISFSi or spent fuel and HLW at an (6) * *
- before the receipt of spent fuel or high. MRS. The licensee is not required to Bypmduct material containing level radioactive waste. Experience has obtain NRC approval of the report before concentrations of radionuclides other shown that the NRC staff does not need commencmg loading operations.
than radium in soil, and surface activit the report or the holding period because Comments on the Proposed Rule The Commission received four letters fna ef e os 9u alent atio al t stin as i oc s. his amendment will eliminate an commenting on the proposed rule.
(TEDE) exceeding the dose from cleanup of radium contaminated soil to the {nnecessary regulatory impact on Cobiles of the pu lic inspection andletters copying are for a available fee for above standard (benchmark dose), and C'" 8"8 -
at the Commission's Public Document must be at levels which are as low as is EFFECTNE DATE: May 12,1999' Room, located at 2120 L Street, NW.
reasonably achievable. If more than one FOR FURTHER INFORMATION CONTACT: (Lower Level), Washington, DC. One residual radionuclide is present in the Gordon Gundersen, Office of Nuclear letter was from NEl, one letter from a same 100-square-meter area, the sum of Material Safety and Safeguards, U.S. CoC holder, and two letters were from the ratios for each radionuclide at Nuclear Regulatory Commission- utilities holding 10 CFR part 50 reactor concentration present to the Washington, DC 20555--0001, telephone licenses. All of the le'ters supported the concentration limit will not exceed "1" (301) 415-6195, e-mail gegl@nrc. gov. proposed rule. One utility quantified the (unity). A calculation of the potential SUPPLEMENTARY INFORMATION: savings of eliminating the 30-day hold peak annual TEDE within 1000 years to as more than $300,000.
the average member of the critical group Background that would result from applying the On September 14,1998 (" FR 49046), Discussion radium standard (not including radon) the NRC published a pr@o m d rule in The requirement for a preoperational on the site must be submitted for the Federal Register that would amend test report and 30-day hold period was approval. The use of decommissioning NRC's regulations in 10 CFR part 72 to added to the part 72 regulations plans with benchmark doses which eliminate a preoperational testing governing licensing requirements for exceed 100 mrem /yr, before application reporting requirement and s 30-day hold ISFSis and an MRS at the time they of ALARA, requires the approval of the in loading spent fuel. Part 72 requires became effective on November 28,1980 Commission after consideration of the that the conditions for a site-specific (45 FR 74693), and before the NRC staff recommendation of the NRC staff. This license (10 CFR 72.24(g)) and the had any practical experience in i
requirement for dose criteria does not conditions for a Certificate of licensing such facilities. However, in apply to sites that have Compliance (CoC) (10 CFR 72.236(1)) the intervening period, the decommissioning plans for soil and contain requirements for the Commission's practice has been for the structures approved before June 11 performance of preoperational testing by NRC staff to maintain an extensive 1999. the site-specific licensee or the general oversight presence during the ,
e licensee, respectively. The licensee is preoperational testing phase of ISFSis, 1 Dated at Rockville, Maryland, this 6th day required to complete the preoperational reviewing the acceptance criteria, i of April 1999. testing program described in the preoperational test, and test results as !
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Federal Register / Vol. 64, No. 69/ Monday, April 12,1999/ Rules and Regulations 17511 they occur. Thus, NRC staff has had program both remain available for a currentiv valid OMB control number,
! immediate access to the licensee's public review in the SAR and the the NRC may not conduct or sponsor.
l procedures and test results, and has not inspection report, respectively and a person is not required to respond needed either a preoperational test The NRC staff's experience has also to, the information collection.
report or a 30-day hold period in order been that the 30-day hold established by to complete its inspection activities and 10 CFR 72.82(e) creates a potentially Regulatory Analysis determine whether any further significant financial burden for The amendment will eliminate the regulatory action is neaded before the licensees because, during the 30-day requirement that 10 CFR part 72 licensee begins to load spent fuel or period, the licensee can perform no licensees submit a report of the HLW. loading activities even though the preoperational test acceptance criteria The NRC inspection hrogram now in licensee is ready to load spent fuel or and test results at least 30 days before place (i.e., Inspection Manual Chapter liLW. This has resultod in five requests the receipt of spent fuel or HLW on the 2690 and Inspection ?rocedures 60854 for exemptions in the last 3 years (1995- grounds that NRC's inspection program and 60855) ensures that the NRC staff 1998) by licensees and the need for the ensures that the NRC staff will be will review thL incensee's normal, NRC staff to expend time processing present for observance of preoperational abnormal, and emergency operating these requests. The elimination of this testing to ensure that a licensee is procedures,(including loading and regulation will preclude the need for prepared to safely load spent fuel or unloading procedures), as wed :s exemption requests, enable the licensee HLW. Thus, the report and the 30-day observeimplementation of those to use the crew assembled for fuel hold period are not needed for NRC's procedures during preoperational transfer while the lessons of retulatory activities.
testing. Consequently, NRC staff is in a preoperational testing are fresh in their The benefit of the rule is that position to ensure that the licensee has minds, and contribute to the efficiency elimination of a report and 30-day hold resolved any problems before loading of operations by avoiding unnecessary period not needed by the NRC will spent fuel into the ISFSI. NRC staff idle time. The NRC on-site inspection reduce an unnecessary regulatory documents the results of the inspection staff observing the spent fuel loading impact on hcensees resultmg from the of the preoperational test program in a will similarly benefit. 30-day waiting period following written inspection report, which is Therefore, the Commission is submittal of a report of the subsequently placed in the PDR. This removing 10 CFR 72.82(e) from NRC's preoperational test criteria and test report contains conclusions on whether regulations because neither the report results to the NRC.1)uring this period, the licensee has adequately completed nor the 30-day hold period are needed the licensees can perform no loading the preoperational test program, an for regulatory purposes and that taking activities even though the licensee is assessment of the licensee's this action will relieve licensees from an ready to load spent fuel or HLW. This performance in completing the unnecessa regulatory burden. Imposes a potentially significant preoperational test program, and an Although e7imination of this reportingfinanci ! burden on licensees. The rule assessment of the licensee's readiness to requirement will reduce the information will also relieve both licensees and the begin loading spent fuel or HLW. which has been available to the public. NRC staff from the need to process hotwithstanding that the current the alternative sources of information exemption requests. The Commission regulation ensures that the NRC will be available to the public on preoperational has received and approve i several ;
notified by the licensee before it begins test activities are sufficient to allow for requests for exemptmn from 10 CFR ;
loading spent fuel, other regulations and public review. 72.82(e) and envisions that most future !
processes provide adequate assurance Part 72 licensees will also apply for i that the NRC will be aware of a EnvironmentalImpact: Categorical exemption from this regulation.
licensee's anticipated loading activities. Exclusion An impact of the final rule will be For ISFSis at operating reactor sites, the The NRC has determined that this that a report of the preoperational test Commission expects that on-site NRC final rule is the type of action described criteria and test results will no longer be resident inspwtor staff would be aware as a categorical exclusion in 10 CFR available. However, information on the of any potential fuelloading activities. 51.22(c)(3)(iii). Therefore, neither an preoperational test criteria is contained Additionally, general licensees are environmental impact statement nor an in the SAR, which is available for required by 10 CFR 72.212(b)(1)(i) to environmental assessment has been review in the NRC PDR. In addition, notify the NRC at least 90 days be ore prepared for this final rule. NRC inspection reports will contain spent fuel loading begins. For site- NRC findings on the preoperational specific licensees, the fact that a license Paperwork Reduction Act Statement testing and assessments on the has been issued serves as adequato This final rule decreases the burden licensee's readiness to commence notice to the NRC that spent fuel on licensees by eliminating 10 CFR loading spent fuel. These inspection loading activities are planned. Further, 72.82(e) and the associated reporting reports are available in tim NRC Public site-specific licensees are also required burden. The burden reduction for this Document Room system. The NRC also by 10 CFR 7230(a) to submit a final information collection is estimated to considered the alternative of shortening safety analysis report to the Commission average 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> per request. Because rather than climinating the hold period at least 90 days before spent fuel loading the burden for this information but rejected this alternative because it begins. collection is insignificant, Office of would have retained a requirement not The public will retain the ability to Management and Budget (OMB) needed for regulatory purposes and thus review a description of the clearance is not required. Existing would have imposed an unnecessary preoperational tests and their requirements were approved by the regulatory burden on licensees.
acceptance critena because this Office of Management and Budget.
informatmn is contained in the SAR, approval number 3150-0132.
Regulatory Flexibility Certification which is available for review in the NRC In accordance with the Regulatory PDR. Relevant information on the Public Protection Notification Flexibility Act of 1980 as amended 5 preoperational test program and the If a means used to impose an U.S.C. 605(b), the Commission certifies results of the preoperational test information collection does not display that this final rule will not have a
- 1751'2 Federal Regist:r/Vol. 64, No. 69/ Monday, April 12,1999/ Rules and Regulations significant economic impict on a - the Energy Reorganization Act of 1974 DEPARTMENT OF TRANSPORTATION substantial number of small entities. as amended; and 5 U.S.C. 553; the NRC This final rule would affect only the is adapting the folloiving amendment to Federal Aviation Administration
- mtors ofISFSIs. These companies do 10 CFR part 72.
m t full within the scope of the 14 CFR Part 39 defmition of "small entities" set forth in PART 72-LICENSING (Docket No,96-NM-157-AD; Amendment th) Regulatory Flexibility Act or the REQUIREMENTS FOR THE 39-11114; AD 99-08-081 Small Business Size Standards set out in INDEPENDENT STORAGE OF SPENT regulations issued by the Small NUCLEAR FUEL AND HIGH-LEVEL Business AdminLoation at 13 CFR part RADIOACTWE WASTE Airworthiness Directives; Dornier 121.
Model 328-100 Series Airplanes Backfit Analysis 1, The authority citation for part 72 continues to read as follows: AGENCY: Federal Aviation The NRC has determm, ed that the Administration, DOT, backfit rule,10 CFR 72.62, does not Authority: Secs. 51,53,57,62.63,65,69' 81,161,182,183,184,186,187,189,68 Stat. ACTION: Final rule.
rpply to this rule, because this e.m:ndment does not involve any 929,930,932,933,934,935,94S,953,954
SUMMARY
- This' amendment adopts a provisions that would impose backfits 855 as amended, sec. 234,83 Stat. 444, as new airworthiness directive (AD),
' as defined in 10 CFF 72.62(a). amended (42 U.S.C. 2071,2073. 2077,2092, applicable to all Dornier Model 328-100 Th:refore, a backfit analysis is not 2093,2095,2099,2111,2201,2232,2233, series airplanes, that requires repetitive required for this fi9al rule. 2234,2236,2237,2238,2282); secs. 274 Pub. lubrication of the engine control push-L 86-373,73 Stat. 688, as amended (42 Small Business Regulatory Enforcement pull cables, and installation of heating U.S.C. 2021); sec. 201, as amended,202,206-Fcirness Act tubes on the control cables in the 88 Stat.1242, as amended 1244,1:46(42 cockpit area and in the left hand and In accordance with the Small U.S.C. 5841,5842,5846); Pub. L 95-601, sec. right-hand engine balconies, which Business Regulatory Enforcement 10,92 Stat. 2951 as amended by Pub. L 102-terminates the repetitive lubrication Flirness Act of 19%, the NRC has 486, sec. 7902,106 Stat. 3123 (42 U.S.C.
requirement. This amendment is det:rmined that this action is not a 5851); rec.102, Pub. L 91-190,83 Stat. 853 (42 U S.C. 4332); secs.131,132,133,135' prompted by issuance of mandatory "mijor rule" and has verified this 137,141, Pub. L 97-425. 96 Stat. 2229,2230, continuing airworthiness information by det:rmination with the Office of - a foreign civil airworthiness authority.
Information and Regulatory Affairs, 2232. 2241, sec.148, Pub. L 200-203,101 a 133 235 42 U S C 10151, The actions specified by this AD are Office of Management and Budget, '
intended to prevent ice from building
, , g 9 ,9 68 Compatibility of Agreement State Section 72.44(g) also issued under sec. UP on the engine control push-pull Regulations 142(b) and 148 (c), (d). Pub. L 100-203,101 cables, which could result in friction or Under the " Policy Statement on Stat.1330-232,1330-236 (42 U.S C. jamming f the engine controls, and 10162(b),10168 (c), (d)). Section 72.46 also consequent reduced controllability of Adequacy and Compatibility of Agreement State Programs," approved 2ssued under sec.189,68 Stat. 955 (42 U.S C. P by the Commission on June 30,1997, 2239); sec.134. Pub. L 97-425,96 Stat. 2230 DATES: Effective May 17,1999.
and published in the Federal Register (42 U.S.C.10154). Section 72.96(d) also The incorporation by reference of on September 3,1997 (62 FR 46517) issued under sec.145(g), Pub. L 100-203, certain publications listed in the this rule la classified as compatibility 101 Stat.1330-235 (42 U.S.C.10165(g)). regulations is approved by the Director Category "NRC." Compatibility is not Subpart J also issued under secs. 2(2),2(15), of the Federal Register as of May 17, 2(19),117(a),141(h), Pub. L 97-425,96 Stat. 1999-required for Category "NRC" regulations. The NRC program elements 2202. 2203,2204,2222,2224 (42 U.S.C. ADDRESSES:The service information in. this category are those that relate 10101,10137(a),10161(h)). Subparts K and L referenced in this AD may be obtained
- j are also issued under sec.133, L1 Stat. 2230 from FAIRCHILD DORNIER, DORNIER t C A 8",lation reserved (42 U.S C.10153) and sec. 218(a), Stat. 2252 Luftfahrt GmbH, P.O. Box 1103, D-provisions of Title 10 of the Code of (42 US.C.101981 82230 Wessling, Germany This Fed:ral Regulations. Although an '" """ **Y **I" * *
$72 e2 (Amendedl Federal Aviation Administrat on (FAA),
Agreement State may not adopt program aliments reserved to NRC,it may wish 2. Section 72.82 is amended by Transport Airplane Directorate, Rules to inform its licensees of certain umoving paragraph (e). Docket,1601 Lind Avenue, SW.,
requirements, by a mechanism that is consistent with the particular State's Dated at Ruckville, Maryland, this 23rd day the ede Regi r 800 rth tI of March 1999.
administrative procedure laws but does Street, NW., suite 700, Washington, DC.
For the Nuclear Regulatory Commission.
not confer regulatory authority on the FOR FURTHER INFORMATION CONTACT Stita, am D. Tnwers- Norman B. Martenson, Manager, Executive Directorfor Operations. International Branch, ANM-116, FAA, List of Subjects in 10 CFR Part 72 IFR Doc. 99-9041 Filed 4-9-99; 8:45 ami Transport Airplane Directorate,1601 l Criminal penalties, Manpower samo coos vsom-, Lind Avenue, SW., Renton, Washington
, training programs, Nuclear materials, 98055-4056; telephone (425) 227-2110; j Occupational safety and health, fax (425) 227-1149.
i R porting and recordkeeping SUPPt.EMENTARY INFORMATION: A requirements, Security measures, Spent proposal to amend part 39 of the Federal full. Aviation Regulations (14 CFR part 39) to For the reasons set out in the include an airworthiness directive (AD) preamble and under the authority of the that is applicable to all Dornier Model Atomic Energy Act of 1954, as amended; 328-100 series airplanes was published L.
http>/www.nrc gov /OPNgmo>nrzrev/99-69.htm
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/ PA' Nuclear Regulatory Commission i
! Office of Public Affairs l l Washington DC 20555 i
Telephone: 301/415-8200 - E-mail: opa@nrc. gov
!_m .a.m. = - - - - - -
- m. m No. 99-69 l
April 8,1999 j
l NRC DELETES REPORTING REQUIREMENT l l
ON LOADING OF SPENT NUCLEAR FUEL STORAGE INSTALLATIONS l
The Nuclear Regulatory Commission is amending its regulations to eliminate what has been determined to i be an unnecessary reporting requirement related to the loading of commercial nuclear power plant spent i fuel into independent storage installations.
The regulations previously required licensees to submit a report summarizing the results of preoperational testing 30 days before loading. The purpose of this requirement was to give the NRC sufficient time to l inspect a licensee's preparations for a new facility and, if necessary, to require changes or other actions before the spent fuel loading took place. The regulations did not require NRC approval of the 30-day ;
report.
However, experience has shown that the NRC does not need such a report because NRC staff representatives are on site during the preoperational testing and evaluate it as it occurs. Agency inspectors I review licensees' normal, abnormal and emergency operating procedures and observe their implementation during preoperational testing. The agency has determined, therefore, that neither a l preoperational test report nor a 30-day hold period is required in order to complete its inspection ,
activities. l NRC Home Page l News and Information l E-mail l
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NUCLEAR REGULATORY COMMISSION 1
l 10 CFR Part 72 RIN 3150-AG02 Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After Preoperational Testing of Independent Spent Fuel Storage or Monitored Retrievable Storage j installations I i
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule. l l
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations to eliminate the requirement that a report of the preoperational testing of an independent spent i
fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the report or the holding period because the NRC staff is on site and evaluates preoperational testing as it occurs. This amendment will eliminate an unnecessary regulatory impact on licensees.
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% /2, I999 EFFECTIVE DATE: (306;r %= dt of pt,;,ce::= " P tm! %@Mr) l FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, Office of Nuclear Material l
1 Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6195, e-mail geg1 @ nrc. gov.
4 SUPPLEMENTARY INFORMATION:
Background
On September 14,1998 (63 FR 49046), the NRC published a proposed rule in the l
I Federal Register that would amend NRC's regulations in 10 CFR Part 72 to eliminate a preoperational testing reporting requirement and a 30-day hold in loading spent fuel. Part 72 requires that the conditions for a site-specific license (10 CFR 72.24(g)) and the' conditions for a Certificate of Compliance (CoC) (10 CFR 72.236(l)) contain requirements for the performance of preoperational testing by the site-specific licensee or the general licensee, respectively. The licensee is required to complete the preoperational testing program described in the applicable Safety Analysis Report (SAR) before spent fuel is loaded into an independent spent fuel storage instailation (ISFSI) or before spent fuel or high-level radioactive waste (HLW) is loaded into a monitored retrievable storage installation (MRS). Information on the preoperational test program, including the specific tests and their acceptance criteria, are contained in the SAR submitted by the site-specific licensee or by the certificate holder for the design of the spent fuel storage cask to be used by the general licensee.
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1 Section 72.82(e) requires licensees to submit to the NRC a report of the preoperational test acceptance criteria and test results at least 30 days before the receipt of spent fuel or HLW for loading into an ISFSI or MRS. However, the licensee is not required to submit test 1 procedures, only a summary report of the test results. A copy of this report is subsequently i placed in the NRC Public Document Room (PDR). The purpose of the 30-day period is to establish a sufficient hold point to ensure that the NRC has sufficient time to inspect a new l
licensee's preparations and, if necessary, exercise its regulatory authority before spent fuel is j 1
received at an ISFSI or spent fuel and HLW at an MRS. The licensee is not required to obtain l NRC approval of the report before commencing loading operations. j Comments on the Proposed Rule l
l The Commission received four letters commenting on the proposed rule. Copies of the letters are available for public inspection and copying for a fee at the Commission's Public Document Room, located at 2120 L Street, NW. (Lower Level), Washington, DC. One letter was from NEl, one letter from a CoC holder, and two letters were from utilities holding 10 CFR Part 50 reactor licenses. All of the letters suppoited the proposed rule. One utility quantified the savings of eliminating the 30-day hold as more than $300,000.
Discussion The requirement for a preoperational test report and 30-day hold period was added to i
the Part 72 regulations governing licensing requirements for ISFSis and an MRS at the time l they became effective on November 28,1980 (45 FR 74693), and before the NRC staff had l
any practical experience in licensing such facilities. However, in the intervening period, the 3
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O Commission's practice has been for the NRC staff to maintain an extensive oversight presence during the preoperational testing phase of ISFSis, reviewing the acceptance criteria, preoperational test, and test results as they occur. Thus, NRC staff has had immediate access to the licensee's procedures and test results, and has not needed either a preoperational test report or a 30-day hold period in order to complete its inspection activities and determine whether any further regulatory action is needed before the licensee begins to load spent fuel or HLW.
The NRC inspection program now in place (i.e., inspection Manual Chapter 2690 and inspection Procedures 60854 and 60855) ensures that the NRC staff will review the licensee's normal, abnormal, and emergency operating procedures, (including loading and unloading procedures), as well as observe implementation of those procedures during preoperational testing. Consequently, NRC stah is in a position to ensure that the licensee has resolved any problems before loading spent fuelinto the ISFSt. NRC staff documents the results of the inspection of the preoperational test program in a written inspection report, which is subsequently placed in the PDR. This report contains conclusions on whether the licensee has adequately completed the preoperational test program, an assessment of the licensee's performance in completing the preoperational test program, and an assessment of the licensee's readiness to begin loading spent fuel or HLW.
Notwithstanding that the current regulation ensures that the NRC will be notified by the licensee before it begins loading spent fuel, other regulations and processes provide adequate assurance that the NRC will be aware of a licensee's anticipated loading activities. For ISFSIs at operating reactor sites, the Commission expects that on-site NRC resident inspector staff would be aware of any potential fuelloading activities. Additionally, generallicensees are 4
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a required by 10 CFR 72.212(b)(1)(i) to not"y the NRC at least 90 days before spent fuel loading begins. For site-specific licensees, the fact that a license has been issued serves as adequate
.1otice to the NRC that spent fuelloading activities are planned. Further, site-specific licensees are also required by 10 CFR 72.70(a) to submit a final safety enalysis report to the Commission at least 90 days before spent fuel loading begins.
The public will retain the ability to review a description of the preoperational tests and their acceptance criteria because this information is contained in the SAR, which is available for review in the NRC PDR. Relevant information on the preoperational test program and the results of the preoperational test program both remain available for public review in the SAR and the inspection report, respectively.
The NRC staff's experience has also been that the 30-day hold established by 10 CFR 72.82(e) creates a potentially significant financial burden for licensees because, during the 30-day period, the licensee can perform no loading activities even though the licensee is ready to load spent fuel or HLW. This has resulted in five requests for exemptions in the last 3 years (1995 - 1998) by licensees and the need for the NRC staff to expend time processing these -
requests. The elimination of this regulation will preclude the need for exemption requests, I
enable the licensee to use tha crew assembled for fuel transfer while the lessons of I
preoperational testing are fresh in their minds, and contribute to the efficiency of l operations by avoiding unnecessary idle time. The NRC on-site inspection staff observing the spent fuel loading will similarly benefit.
Therefore, the Commission is removing 10 CFR 72.82(e) from NRC's regulations because neither the report nor the 30-day hold period are needed for regulatory purposes and 5
i that taking this action will relieve licensees from an unnecessary regulatory burden. Although elimination of this reporting requirement will reduce the information which has been available to the public, the alternative sources of information available to the public on preoperational test activities are sufficient to allow for public review.
1 Environmental Impact: Categorical Exclusion ;
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The NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3)(iii). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. !
l Paperwork Reduction Act Statement l
This final rule decreases the burden on licensees by c!;minating 10 CFR 72.82(e) and I the associated reporting burden. The burden reduction for this information collection is estimated to average 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> per request. Because the burden for this information collection is insignificant, Office of Management and Budget (OMB) clearance is not required. Existing l
requirements were approved by the Office of Management and Budget, approval number 3150-0132.
l Public Protection Notification ,
1 If a means used to impose 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 I respond to, the information collection.
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Regulatory Analysis The amer.dment will eliminate the requirement that 10 CFR Part 72 licensees submit a report of the preoperational test acceptance criteria and test results at least 30 days before the receipt of spent fuel or HLW on the grounds that NRC's inspection program ensures that the NRC staff will be present for observance of preoperational testing to ensure that a licensee is prepared to safely load spent fuel or HLW. Thus, the report and the 30-day hold period are not needed for NRC's regulatory activities.
l The benefit of the rule is that elimination of a report and 30-day hold period not needed by the NRC will reduce an unnecessary regulatory impact on licensees resulting from the 30-day waiting period following submittal of a report of the preoperational test criteria and test results to the NRC. During this period, the licensees can perform no loading activities even ,
though the licensee is ready to load spent fuel or HLW. This imposes a potentially significant financial burden on licensees. The rule will also relieve both licensees and the NRC staff from the need to process exemption requests. The Commission has received and approved several !
l requests for exemption from 10 CFR 72.82(e) and envisions that most future Part 72 licensees '
will also apply for exemption from this regulation.
l An impact of the final rule will be that a report of the preoperational test criteria and test results will no longer be available. However, information on the preoperational test criteria is contained in the SAR, which is available for review in the NRC PDR. In additior,, NRC inspection reports will contain NRC findings on the preoperational testing and assessments on the licensee's readiness to commence loading spent fuel. These inspection reports hre available in the NRC Pub!ic Document Room system. The NRC also considered the alternative 7
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of shortening rather than eliminating the hold period but rejected this alternative because it would have retained a requirement not needed for regulatory purposes and thus would have
-imposed an unnecessary regulatory burden on licensees.
Regulatory Flexibility Certification in accordance with the Regulatory Flexibility Act of 1980 as amended 5 U.S.C. 605(b),
the Commission certifi6s that this final rule will not have a significant economic impact on a substantial number of sma I entities. This final rule would affect only the operators of ISFSis.
l These companies do not fall within the scope of the definition of "small entities" set forth in the 1
Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
l Backfit Analysis l
l The NRC has determined that the backfit rule,10 CFR 72.62, does not apply to this rule, because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this final rule.
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.Small Besiness Regulatory Enforcement Fairness Act i
in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, l- the NRC has determined that this action is not a " major rule" and has verified this determination l with the Office of Information and Regulatory Affairs, Offiw of Management and Budget.
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o Compatibility of Agreement State Regulations Under the " Policy Statement on Adequacy and Compatibility of Agreement State Programs," approved by the Commission on June 30,1997, and published in the Federal Register on September 3,1997 (62 FR 46517), this rule is classified as compatibility Category "NRC." Compatibility is not required for Category "NRC" regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the AEA, or the provisions of Title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements, by a mechanism that is consistent with the particular State's administrative procedure laws but does not confer regulatory authority on the State.
List of Subjects in 10 CFR Part 72 Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
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; and 5 U.S.C.
i 553; the NRC is proposing to adopt the following amendment to 10 CFR Part 72.
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PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
- 1. The authority citation for Part 72 continues to read as follows:
AUTHORITY: Secs 51, 53, 57, 62, 63, 65, 69, 81,161,182,183,184,186,187,189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 963, 954, 955, as amended, sec. 234,83 Stat.
444, as amended (42 U.S.C. 2071,2073,2077,2092,2093,2095,2099,2111,2201,2232, 2233,2234,2236,2237,2238,2282); secs. 274, Pub. L 86-373,73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended,202,206,88 Stat.1242, as amended 1244,1246(42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec.10,92, Stat. 2951 as amended by Pub. L. I 102-486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L s1-190,83 Stat. 853 (42 U.S.C. 4332); secs.131,132,133,135,137,141, Pub. L.97-425,96 Stat. 2229,2230, .
2232,2241, sec.148, Pub. L.100-203,101 Stat.1330 235 (42 U.S.C.10151,10152,10153, i 10155,10157,10161,10168).
Section 72.44(g) also issued under sec.142 (b) and 148 (c), (d), Pub. L. 100-203,101 Stat.1330-232,1330-236 (42 U.S.C.10162 (b),10168 (c), (d)). Section 72.46 also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L.97-425,96 Stat. 2230 (42 U.S.C.10154). Section 72.96(d) do issued under sec.145(g), Pub. L.100-203,101 Stat.
1330-235 (42 U.S.C.10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a), l 141(h), Pub. L.97-425,96 Stat. 2202,2203,2204,2222,2224 (42 U.S.C.10101,10137(a), l 10161(h)). Subparts K and L are also issued under sec.133,98 Stat. 2230 (42 U.S.C.10153) and sec. 218(a), Stat. 2252 (42 U.S.C.10198). ,
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~ [6 72.82 Amended 1 I
- 2. Section 72.82 is amended by removing paragraph (e).
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l Dated at Rockville, Maryland this - 23rd dayof March .1999,
, , For the Nuclear Regulatory Commission.
i Alilb e h William D. Travhrs, Executive Director for Operations. I l
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