ML20212H266
| ML20212H266 | |
| Person / Time | |
|---|---|
| Issue date: | 03/17/1999 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20212H254 | List:
|
| References | |
| FRN-64FR17510, RULE-PR-72 AG02-2-004, NUDOCS 9910010015 | |
| Download: ML20212H266 (20) | |
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[(cucy , l UNITED STATES g
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'2 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
\ ,,,,, # March 17, 1999 MEMORANDUM TO: William D. Travers Executive Director for Operations
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FROM: Carl J. Paperiello, Director Office of Nuclear Material Safety p[ h c'Etu.
and Safeguards
SUBJECT:
FINAL RULE: " ELIMINATION OF REPORTING REQUIREMENT AND 4 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL )
TESTING OF INDEPENDENT SPENT FUEL STORAGE OR l MONITORED RETRIEVABLE STORAGE INSTALLATIONS," 10 CFR 72.82(e)
I Attached for your signature is a final rule (Attachment 1), to be published in the Federal Register, that eliminates, by removing 10 CFR 72.82(e), a reporting requirement and 30-day hold in loading spent fuel, after preoperational testing of independent spent fuel storage installations (ISFSis) or monitored retrievable storage Listallations. Experience has shown that the U.S. Nuclear Regulatory Commission (NRC) staff does not need the reporting or the holding period, because the staff is on site and evaluates preoperational testing as it occurs.
Backcround: This proposed rule was published in the Federal Reaister on September 14,1998 (63 FR 49046). The comment period closed on November 30,1998. Four letters were received supporting the proposed rutemaking.
Rotices: The appropriate Congressional committees will be notified (Attachments 2 and 3). A l notice to the Commission that the Executive Director for Operations has signed the enclosed j Federal Register notice is eJached for inclusion in the " Weekly Report to the Commission" i (Attachment 4).
Resources: Elimination of the requirement for licensee to submit a preoperational test report per 10 CFR 72.82(e) will also eliminate the need for Nuclear Material Safety and Safeguards staff to review these reports. Staff estimates this will save 1 staff-day of effort per report per year. Because these reports are submitted once in the lifetime of an ISFSI, staff estimates that NRC will receive only two to three such reports each year, on average. Elimination of this requirement will also obviate the need for NMSS and Office of the General Counsel (OGC) staffs to review an ISFSI licensee's request for an exemption from this regulation. Staff estimates this will save 5 staff-days of effort per exemption request per year. Because these exemption requests are submitted once in the lifetime of an ISFSI, staff estimates that NRC will receive only two to three such requests each year, on average. Therefore, this rulemaking is estimated to save 12 to 18 staff-days per year and no reprogramming of resources is anticipated.
CONTACTS: Gordon Gundersen, NMSS, IMNS (301) 415-6195 Philip Brochman, NMSS, SFPO l (301)415-8592 9910010015 990924 PDR PR 72 64FR17510 PDR
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A842-3 l March 17, 1999
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a l W. D. Travers Coordination: OGC has reviewed this paper and has no legal objectionsc The Office of the -
Chief Financial Officer has reviewed this paper for resource implications and has no objections.
The Office of the Chief Information Officer has reviewed this paper for information technology and information management implications and concurs l in it.
Attachments: 1. Federal Reaister Notice of Final Rulemaking and disk
- 2. Congressional Letters
! 3. SBREFA l 4. Daily Staff Notes
- 5. Approval for Publication j
- 6. Press Release 1
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l l DISTRIBUTION: NMSS TICKET No.199800459 RGordon/RF l lMNS/ Central NRC Central File NMSS Files CPoland SShankman PBrochman CAbbott, CIO CGallalgher, ADM LBRiani, ADM DMendiola, ADM l
l l Distribution: (0:\gunderse\part72-8\edofinal.Wpd)
To receive a copy of this document, Indicate in the box: 'C's Copy without attachment / enclosure "e* = Copy with attachment / enclosure u wecopy edited by e. Kr.u. sesies *See previous concurrence OFFICE RGB:IMNS l RGB:IMNS TECH ED l D:SFPO l D;1MNS// /l e e NAME: GGundersen* Pholahan* EKraus* WBrach*/Kane DQ4M " l DATE: : 3/12/99 inn 3/15 /99 3/8 /99 1/15 /99 3/ / 6 /99 =
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OFFICE: OC OGC l OE CFO NAME: DMeyer BShelton memo JGray memo JLieberman JFunches e-mail DATE: 1/ 29 /99 1/29 /99 2/10 / SFP / 2/ 3 O 2/18/99 OFFICE: NRR D:N %S!l /) DEDRF M4 '
EDO V l l NAME: SCollins e-mail CPdp6rfsilo FMiradlia, Wf.' I M WDTravers '
DATE: 2/1 /99 (/ f d /99 / 2 ')_ /99 $ / r)7 /99 I OFFICIAL RECORD COPY
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W. D. Travers '
Coordination: OGC has reviewed this paper and has no legal objections. The Office of the l- Chief Financial Officer has reviewed this paper for resource implications and has no objections.
The Office of the Chief Information Officer has reviewed this paper for information technology and information management implications and concurs in it.
1 Attachments: 1. Federal Reaister Notice of Fin'al L Rulemaking and disk
- 2. Congressional Letters 3.SBREFA
- 4. Daily Staff Notes
- 5. Approval for Publication
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- 6. Press Release i
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ATTACHMENT 1 Federal Register Notice Final Rulemaking l
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[7590-01 P]
NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AG02 j
Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After Preoperational Testing of Independent Spent Fuel Storage or Monitored Retrievable Storage Installations LGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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 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 penod 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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EFFECTIVE DATE: (30 days from date of publication in the Federal Register). ,
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FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, Office of Nuclear Material s
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6195, e-mail geg1 @nrc. gov.
SUPPLEMENTARY INFORMATION: i 1
Background
On September 14,1998 (63 FR 49046), the NRC published a prcposed rule in the 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 l
requires that the conditions for a site-specific lice, 'e (10 CFR 72.24(g)) and the conditions for a :
Certificate of Compliance (CoC) (10 CFR 72.236(1)) contain requirements for the performance of preoperational testing by the site-specific licensee or the generallicensee, respectively. The licensee is required to complete the preoperational testing program described in the applicable !
Safety Analysis Report (SAR) before spent fuelis loaded into an independent spent fuel storage installation (ISFSI) or before spent fuel or high-level radioactive waste (HLW) is loaded into a monitored retrievable storage installatior. (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 l stonge cask to be used by the general licensee. 1 2
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l I ' 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 .ae receipt of spent fuel or HLW l for loading into an ISFSI or MRS. However, the licensee is not required to submit test -
l procedures, only a' summary report of the test results. A copy of this report is subsequently placed in the NRC Public Document Room (PDR). The purpose of the 30-day period is to i
establish a sufficient hold point to ensure that the NRC has sufficient time to inspect a new licensee's preparations and, if necessary, exercise its regulatory authority before spent fuel is received at an ISFSI or spent fuel and HLW at an MRS. The licensee is not required to obtain NRC approval of the report before commencing loading operations.
Comments on the Proposed Rule 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 supported the proposed rule. One utility quantified the savings of eliminating the 30-day hold as more than $300,000.
Discussion J
The requirement for a preoperational test report and 30-day hold period was added to the Part 72 regulations governing licensing requirements for ISFSis and an MRS at the time they became effective on November 28,1980 (45 FR 74693), and before the NRC staff had t
any practical experience in licensing such facilities. However, in the intervening period, the 3
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' 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. Thur, NRC staff has had immediate access i
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 staff is in a position to ensure that the licensee has resolved any problems before loading spent fuelinto the ISFSI. NRC staff documente 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 l
would be aware of any potential fuel loading activities. Additionally, general licensees are 4
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required by'10 CFR 72.212(b)(1)(i) to notify 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 notice to the NRC that spent fuel loading activities are planned. Further, site-specific licensees are also required by 10 CFR 72.70(a) to submit a final e .fnty analysis report to the Cornmission at least 90 days before spent fuel loading begins.
The public will retain the ability to review a description of the preoperational tests and l their acceptance criteria because this information is contained in the SAR, which is available for 1
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 1
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 licenseo can perform no loading activities even though the licensee is ready i 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, enable the licensee to use the crew assembled for fuel transfer while the lessons of preoperational testing are fresh in their minds, and contribute to the efficiency of 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
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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 I the public, the alternative sources of information available to tile public on preoperational test activities are sufficient to allow for public review.
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. Environmental Impact: Categorical Exclusion 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.
Paperwork Reduction Act Statement This final rule decreases the burden on licensees by eliminating 10 CFR 72.82(e) and 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 requirements were approved by the Office of Management and Budget, approval number 3150-0132.
Public Protection Notification if a means used to impose an information collection does not display a currently valid i
OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.
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p Regulatory Analysis The amendment 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.
The benefit of the rule is that elimination of a report and 30-day hold period not needed I
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 i
though the licensee is ready to load spent fuel or HLW. This imposes a potentially significant i
financial burden on licensees. The rule will also relieve both licensees and the NRC staff from i the need to process exemption requests. The Cominission has received and approved several requests for exemption from 10 CFR 72.82(e) and envisions that most future Part 72 licensees I
, will also apply for exemption from this regulation.
l l An impact of the final ru!e 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 addition, 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 are available in the NRC Public Document Room system. The NRC also considered the alternative 7
7 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 certifies that this final rule will not have a significant economic impact on a substantial number of small entities. This final rule would affect only the operators of ISFSis.
These companies do not fall within the scope of the definition of "small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
Backfit Analysis 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.
Small Business Regulatory Enforcement Fairness Act in accordance with the Small Business Regulatory Enforcement Fairness 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.
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Compatibility of Agreemer,t 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 tha*. 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 l
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.
553; the NRC is proposing to adopt the following amendment to 10 CFR Part 72.
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f6 72.82 Amended 1 i' 2. Section 72.82 is amended by removing paragraph (e), '
Dated at Rockville, Maryland this 23rd day of' Ma rch .1999.
For the Nuclear Regulatory Commission.
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lAJ Y M William D, Travir's, Executiv9 Director for Operations.
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ATTACHMENT 2 1 Congressional Lette 7, .
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!g g NUCLEAR REGULATORY COMMISSION t-WASHINGTON. D.C. 20566-0001 1
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.... 4 The Honorable Joe L. Barton Chairman, SL5cemmittee on Energy ar:c Power Committee on Commerce United States House of .
Representatives Washington, DC 20515
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC) has sent the enclosed amendment, to the Commission's rule in 10 CFR Part 72, to the Office of the Federal Register for publication.
The final rule will eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the staff does not need the reporting or the holding period, because the staff is on site and evaluates preoperational testing as it occurs.
I Sincerely, l
l Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
l Federal Reaister notice cc; Representative Ralph Hall I
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~ The Honorable Joe L. Barton Chairman, Subcommittee on Energy
) . and Power Committee on Commerce l United States House of Representatives l
Washington, DC 20515
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC; has sent the enclosed amendment, to the Commission's rule in 10 CFR Part 72, to the Office of the Federal Register for publication.
The final rule will eliminate the requirement that a report of the preoperational testing of an i
independent spent fuel storage installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive I waste. Experience has shown that the staff does not need the reporting or the holding period, because the staff is on site and evaluates preoperational testi.1g as it occurs. i Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs l
Enclosure:
Federal Reaister notice cc: Representative Ralph Hall Distribution: NMSS 9800459 RGordon\RF IMNSS\ Central File NMSS R\F NRC Central File PHolahan ;
CPoland MBridgers (EDO-Wits-9800076) LBRiani%DM CGallagher%DM DMendiola%DM Identical letter sent to the Honorable James M. Inhofe l DOCUMENT NAME: [O:\Gundersen\part72_8\confinal.wpd) !
Ta receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with ettichment/ enclosure "N" = No copy
- See previous concurrence Edited by E. Kraus 3/8/99 OFFICE RGB\lMNS RAG \lMNS l Tech Editor l D-lMN%tpASS l D N)tS$[ l NAME GGundersen i f4 PHolahn :
EKraus* DCopff//U CPepil!Idlio DATE 1/4 /99 1/14/99 3/8 /99 A Il 6 /99 $ / [~) /99 OFFICE OCA NAME DKRathbun DATE / /99 OFFICIAL RECORD COPY
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
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. The Honorable James M. Inhofe, Chairmar.
Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate
' Washington, DC 20510
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Dear Mr. Chairman. l
' The U.S. Nuclear Regulatory Commission (NRC) has sent the enclosed amendment, to the Commission's rule in 10 CFR Part 72, to the Office of the Federal Register for publication.
The final rule will eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the staff does not need the reporting or the holding period, because the staff is on site and evaluates preoperational testing as it occurs.
- Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Reaister notice cc: Senator Bob Graham l
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1 ATTACHMENT 3 Small Business Regulatory Enforcement Fairness Act Letters 4
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1 UNITED STATES g g NUCLEAR REGULATORY COMMISSION
'* WASHINGTON, D.c. 20A%0001 Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 441 G Sweet, 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 U.S. Nuclear Regulatory Commission (NRC) is submitting a final rule amending its regulations in 10 CFR Part 72. The final rule will eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that staff does not need the reporting or the holding period because staff is on site and evaluates preoperational testing as it occurs.
We have determined that this rule is not a " major rule," as defined in 5 U.S.C. 804(2). We have confirmed these determinations with the Office of Management and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
As stated
s 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, = j 5 U.S.C. 801, the U.S. Nuclear Regulatory Commission (NRC) is submitting a final rule amending its regulations in 10 CFR Part 72. The final rule will eliminate the requirement that a report of the preoperational testing of an independent spent fuel storago installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that staff Joes not need the reporting or the holding period because staff is on site and evaluates preoperational te= ting as it occurs.
.We have determined that this rule is not a " major rule," as defined in 5 U.S.C. 804(2). We have confirmed these determinations with the Office of Management and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federc!
Register for publication. The Regulatory Flexibility Certification is included in the final rule.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
As stated Distribution:
RGordon\RF IMNSS\ Central File NMSS R\F NRC Central File PHolahan l CPoland ( ) MBridgers (EDO-Wits- ) LBRiani%DM CGallagher%DM DMendiola%DM l
Identical letter sent to the Honorable Al Gore and the Honorable J. Dennis Hastert
. DOCUMENT NAME: [O:\G underse n\pa rt72_8\SB REFA.wpd)
To receive a copy of this document, indicate in the box: "C" = Copy without atta enclosure "E" = Copy with !
rttichment/ enclosure "N" = No copy
- See previous concurrence ( t ited by E. Kraun 3/8/99 OFFICE RGB\lMNS RAGUMNS ] DIMNS , ,. ? l D Nt/$S ( / / l OCA l NAME GGundersen j f./ - PHolahan DCooE f// L CPhepelW DKRathbun
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.e" ->s UNITED STATES j -
- j NUCLEAR REGULATORY COMMISSION o g WASHINGTON, D.C. 20565 0001 g, ...../
The Honorable Al Gore President of the United States Senate Washington, DC 20510
Dear Mr. President:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the U.S. Nuclear Regulatory Commission (NRC) is submitting a final rule amending its regulations in 10 CFR Part 72. The final rule will eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that staff does not need the reporting or the holding period because staff is on site and evaluates preoperational testing as it occurs.
We have determined that this rule is not a " major rule," as defined in 5 U.S.C. 804(2). We have confirmed these determinations with the Office of Management and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule.
Sincerely,
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l Dennis K. Rathbun, Director Office of Congressional Affairs l l
Enclosure:
As stated j
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't NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20566-4001
~! 4 9 , , , , ,8 The Honorable 1 Dennis Hastert Speaker of the United States House i
of Representatives Washington, DC 20515
Dear Mr. Speaker:
1 Pursuant to Subtitle E of the Small Business Regulatory Enforcernent Fairness Act of 1996, 5 U.S.C. 801, the U.S. Nuclear Regulatory Commission (NRC) is submitting a final rule amending its regulations in 10 CFR Part 72. The final rule will eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that NRC staff does not need the reporting or the holding period because NRC staff is on site and evaluates preoperational testing as it occurs.
We have determined that this rule is not a " major rule," as defined in 5 U.S.C 804(2). We have confirmed these determinations with the Office of Management and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule.
Sincerely, i
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
As stated l
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4 ATTACHMENT 4 1
Daily Staff Notes I
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DAILY STAFF NOTES OFFICE OF NUCLEAR MATERIALS SAFETY AND SAFEGUARDS Final Rule Sianed by the EDO On ,1999, the Executive Director for Operations approved a final rule that eliminates a reporting requirement and 30-day hold in loading spent fuel after preoperational testing of independent spent fuel storage or monitored retrievable storage installations.
This notice informs the Commission that in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this final rule and proposes to forward it on to the Office of the Federal Register for publication, unless otherwise directed by the Commission, l
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ATTACHMENT 5 Approval for Publication f
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Acoroved for Publication The Commission has delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)), subject to the limitations specified in i NRC Management Directive 9.17. " Organization and Functions, Office of the Executive Director for Operations," paragraphs 0213,038, 039, and 0310.
The attached final rule entitled " Elimination of Reporting Requirement and 30-day Hold in Loading Spent Fuel after Preoperational Testing of Independent Spent Fuel Storage or Monitored Retrievable Storage Installations," eliminates an unneeded report and hold period while reducing the regulatory burden on licensees.
.This final rule does not constitute a significant question of policy, nor does it amend regulations 1 contained in 10 CFR Parts 7,8, or 9 Subpart C concerning matters of policy. I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
- Date William D. Travers, Executive Director for Operations.
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l P_R A F T NRC DELETES REPORTING REQUIREMENT
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i ON LOADING OF SPENT NUCLEAR FUEL STORAGE INSTALLATIONS The Nuclear Regulatory Commission is amending its regulations to eliminate what has been determined to be an unnecessary reporting requirement related to the loading of commercial nuclear power plant spent 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 inspect a licensee's preparations for a new facility and, if necessary, to require changes or other actions before the spent fuelloading took place. The regulations did not require NRC approval of the 30-day report.
4 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 I occurs. Agency inspectors review licensees' normal, abnormal and emergency operating procedures and observe their implementation during preoperational testing. The agency has determined, therefore, that neither a preoperational test report nor a 30-day hold period is required in order to complete its inspection activities.
1
J. Funches ct ti 2 January 20, 1999 & 2- E t fpA lm 4-10 CFR 72.82(e), will eliminate an unnecessary regulatory burden on licensees. Four comment
[ letters were received supporting the proposed rule.
l The following is a summary of this request: -
1.
Title:
" Elimination of Reporting Requirement and 30-day Hold in Loading Spent Fuel after
- Preoperational Testing of Independent Spent Fuel Storage or Monitored Retrievable Storage Installations."
- 2. Task Leadel: G. Gundersen, NMSS/IMNS 415-6195 i
- 3. Worldno Group: P. Brochman, NMSS/SFPO 415-8592 l N. Jensen, OGC . 415-1637
- 4. Steerina Grouo: No
- 5. Enhanced Public Participatiorl: No l
- 6. Comoatibility for A_g,reement States: No
- l
- 7. Reauested Action: Office Concurrence
- 8. Reauested Comoletion Date: Twenty calendar days after date of this memorandum. To meet the EDO due date a meeting will be tentatively scheduled for the week of January 25, 1999. This meeting will be to discuss and resolve any issues and concerns that are delaying concurrence. Please plan having an individual who can concur for your Office available for this meeting.
- 9. Resources and Coordination: It is anticipated that 0.4 NRC FTE will be needed to complete l this action (0.2 NMSS, and 0.2 all other). These resources are within existing budget allocations. Copies of this concurrence package have been forwarded to ACRS, ACNW, l and IG for information.
Attachment:
Memorandum from C. Paperiello to W. Travers w/encls.
cc w/encts.: H. T. Bell, OlG J. Caldwell, Region Ill/ ORA J. Larkins, ACRS & ACNW E. Merschoff, Region IV/ ORA H. Miller, Region 1/ ORA C. Paperiello, NMSS L. Reyes, Region ll/ ORA M. Virgilio, NMSS J. Murphy, CRGR W. Beechar, OPA Distribution: (0:\G UNDERSE\PART72-8\offfinal.wpd)
RGordon/RF DMendiola/CGmHagher/LBRlani (ADM)
IMNS/ Central File SEY-fTMN ,
1 i NMSS R/F ,i CPoland NMSS Ticket No. 980p6 /59 NRC Central File NJensen PHolahan MBridgers EDO No. WITS # 980076 *See previous concurrence _
OFFICE: NMSS/IMNS .NMSS/lMNS NMSS/SFPO m NMSS // /
NAME: ((i O' han WKane. DC o l OATE: //i/98_
J //Sh8 / //f/98 h h)dbk FFICIAL RECORD COPY NMSS FILE CODE NO.:---
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