ML20212H280
| ML20212H280 | |
| Person / Time | |
|---|---|
| Issue date: | 01/20/1999 |
| From: | Cool D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Collins S, Funches J, Shelton B NRC, NRC OFFICE OF THE CONTROLLER |
| Shared Package | |
| ML20212H254 | List:
|
| References | |
| FRN-64FR17510, RULE-PR-72 AG02-2-005, NUDOCS 9910010017 | |
| Download: ML20212H280 (34) | |
Text
= aac oq y k UNITED STATES g j NUCLEAR REGULATORY COMMISSION o WASHINGTON D.C. 20665-0001
% # January 20, 1999 1
MEMORANDUM TO: Jesse L. Funches Chief Financial Officer Samuel J. Collins, Director Office of Nuclear Reactor Regulation Brenda Jo. Shelton, Chief
. Information and Records Management Branch Office of the Chief Information Officer Joseph R. Gray, Associate General Counsel for Licensing and Regulation Office of the General Counsel James Lieberman, Director 1 Office of Enforcement !
l David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services j Office of Administration !
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FROM: Donald A. Cool, Director / /
Division of Industrial and Medical Nuclear Safety, NMSS -
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SUBJECT:
FINAL RULE:" 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,"
Your concurronce is requested on the attached final rulemaking package which will eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage 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, the removal of CONTACTS: Gordon Gundersen, NMSS, IMNS (301) 415-6195 Philip Brochman, NMSS, SFPO (301) 415-8592 99 pyoogpoo17 990924 72 64FR17510 PDR 9%6/co/7 %
J. Funches et al 2 10 CFR 72.82(e), will eliminate an unnecessary regulatory burden on licensees. Four comment letters were received supporting the proposed rule.
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 Leader: G. Gundersen, NMSS/IMNS 415-6195
- 3. Workina Groun: P. Brochman, NMSS/SFPO 415-8592 N. Jensen, OGC 415-1637
- 4. Steerina Group: No
- 5. Enhanced Public Participation: No
- 6. Compatibility for Aareement States: No
- 7. Reauested Action: Office Concurrence
- 8. Reauested Comotet;on 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 February 1, 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 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, CRGR, and IG for information.
Attachment:
Memorandum from C. Paperiello to W. Travers w/encls, cc w/ encl.: H. T. Bell, OlG J. Larkins, ACRS & ACNW H. Miller, Region I/ ORA L. Reyes, Region ll/ ORA J. Caldwell, Region lil/ ORA E. Merschoff, Region IV/ ORA C. Paperiello, NMSS l M. Virgilio, NMSS l J. Murphy, CRGR l W. Beecher, OPA 1
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MEMORANDUM FROM PAPERIELLO TO TRAVERS W/ENCLS l
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%,*****s*g o MEMORANDUM TO: William D. Travers Executive Director for Operations FROM: Carl J. Paperiello, Directcr Office of Nuclear Material Safety and Safeguards
SUBJECT:
FINAL RULE: " 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," 10 CFR 72.82(e)
Attached for your signature is a final rule (Enclosure 1), to be published in the Federal Reaister, 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 by removing 10 CFR 72.82(e). 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.
Backaround: 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 rulemaking.
Notices: The appropriate Congressional committees will be notified (Enclosures 2 and 3). A notice to the Commission that the Executive Director for Operations has signed the enclosed Federal Register notice is attached for inclusion in the " Weekly Report to the Commission" (Enclosure 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 NMSS 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 the 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 OGC staff 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 the 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.
CONT ACTS: Gordon Gundersen, NMSS, IMNS l (301) 415-6195 Philip Brochman, NMSS, SFPO (301) 415-8592
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Coordination: The Office of the General Counsel has reviewed this paper and has no legal objection. 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
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in it.
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Enclosures:
- 1. Federal Register Notice of Final Rulemaking and disk
- 2. Congressional Letters
- 3. SBREFA
- 4. Daily Staff Notes 5.. Approval for Publication
- 6. Press Release t
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0 W. D. Travers Coordination: The Office of the General Counsel has reviewed this paper and has no legal objection. 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 in it.
Enclosures:
- 1. Federal Register Notice of Final Rulemaking and disk
- 2. Congressional Letters 3.SBREFA
- 4. Daily Staff Notes
- 5. Approval for Publication
- 6. Press Release ,
DISTR _lBUTION: (0:\gunderse\part72-8\edofinal.wpd)
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To receta a copy of this document. indicate in the box: *C's Copy without attachment / enclosure *E' = Copy with attachment / enclosure 1
NAME: GGundereen M blahen EKraus Mf Y DCool DATE: I / */ /98 f/ __
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(NMss File Code) l 1
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W ENCLOSURE 1 FEDERAL REGISTER NOTICE OF FINAL RULEMAKING
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AF02 l
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 1
AGENCY: Nuclear Regulatory Commission.
I 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 period because the NRC staff
- is on site and evaluates preoperational testing as it occurs. This amendment will eliminate an t
unnecessary regulaibry impact on licensees.
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EFFECTIVE DATE: (60 days from date of publication in the Federal Register).
FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6195, e-mail geg1 @nrc. gov.
SUPPLEMENTARY INFORMATION:
Background "
On September 14,1998 (63 FR 49046), the NRC published a proposed rule in the Federal Register that would amend NRC's regulations in 10 CFR Part 72 to eliminate a preopeiational 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 installation (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 the certificate holder for the design of the spent fuel storage cask that is being used by the general licensee.
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Section 72.82(e) requires licensees to submit to the NRC a report of the preoperational 1
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 procedures, but only a summary report of the test results. A copy of this report is subsequently l I
placed in the NRC Public Document Room (PDR). The purpose of the 30-day period is to l establish a sufficient hold point to ensure that the NRC has sufficient time to inspect a new I licensee's preparations and, if necessary, exercise ha regulatory authority before spent fuelis 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. The 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 they became effective on November 28,1980 (45 FR 74693), and before the NRC staff had any practical experience in licensing such facilities. However, in the intervening period, the 3
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E Commission's practice has been for 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 1
whether any further regulatory action is needed before the licensee begins to load spent fuel or HLW.
l 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 ciuring 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 documents the results of the Npection 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 i at operating reactor sites, the Commission expects that on-site NRC resident inspector staff l
would be aware of any potential fuelloading activities. Additionally, generallicensees are
4 required by 10 CFR 72.212(b)(1)(l) 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 safety analysis report to the Commission at least 90 days before spent fuel loading begins.
The Commission believes that the public retains the ability to review a description of the preoperational tests and their acceptance criteria, because such information is contained in the SAR, which is available for review in the NRC PDR. The Commission also believes that l
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.
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The NRC staff's experience has also been that the 30-day hold established by 10 CFR i 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 4
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 f requests.' The elimination of this regulation would preclude the need for exemption requests t
and would enable the licensee to use the crew assembled for fuel transfer while the lessons of l preoperational testing are fresh in their minds and will 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.
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Therefore, the Commission is removing 10 CFR 72.82(e) from NRC's regulations because it believes neither the report nor the 30-day hold period are needed for regulatory purposes and taking this action will relieve licensees from an unnecessary regulatory burden.
The Commission also believes that while elimination of this reporting requirement will also remove a piece of information, which was directly available to the public, the alternative sources of information available to the public on preoperational test activities are sufficient to allow for public review.
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). Thercfore, neither an environmentalimpact
- statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement The estimated burden reduction from the elimination of this report on the preoperational 1
test acceptance criteria and test results is 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> annually, within a context of 21,454 information collection burden hours in the current OMB Part 72 clearance. Each licensee submittal requires 40 staff hours. However, in evaluating this final rule, the NRC has concluded l that an estimate of 2 to 3 annual licensee responses is more realistic than the 0.05 annual l
L licensee responses currently in the OMB clearance. Nevertheless, the estimated burden reduction (revised licensee annual burden is 100 hours0.00116 days <br />0.0278 hours <br />1.653439e-4 weeks <br />3.805e-5 months <br />) resulting from elimination of the report on the preoperational test acceptance criteria and test results is considered a small fraction of 6
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the total 21,454 information collection burden hours in the current OMB Part 72 clearance.
Existing requirements were approved under OMB control number 3150-0132.
Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.
Regulatory Analysis The amendment would 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 and will be in a position 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 by the NRC would 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 l though the licensee is ready to load spent fuel or HLW. This imposed a potentially significant financial burden on licensees. The rule would also relieve both licensees and the NRC staff from the need to process exemption requests. The Commission has received and approved 7
9 several requests for exemption from 10 CFR 72.82(e) and envisions that most future Part 72 licensees would also apply for exemption from this regulation. An impact of the final rule would be that a report of the preoperational test criteria and test results will no longer be available.
However, the information 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 i
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 of shortening rather than eliminating the hold period but rejected this alternative because it would still retain a requirement not needed for regulatory purposes and
- thus, would still impose an unnecessary regulatory burden on licensees.
, Regulatory Flexibility Certification l
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.
i These companies do not fall within the scope of the definition of 'small entities" set forth in the !
I Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by l l
the Small Business Administration at 13 CFR Part 121. ;
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I 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.
Criminal Penalties For the purpose of Section 223 of the Atomic Energy Act (AEA), the Commission is issuing the final rule to amend 10 CFR 72.82, under one or more of secs.161b,1611, or 161o of the AEA. Willful violations of this rule would be subject to criminal enforcement.
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 (62 FR 46517, September 3,1997), this rule is classified as compatibility Category l "NRC." Compatibility is not required for Category "NRC" regulations. The NRC program i
elements in this category are those that relate directly to areas of regulation reserved to the 9
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, via a mechanism that is consistent with the particular State's administrativc 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.
553; the NRC is proposing to adopt the following amendment to 10 CFR Part 72.
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, 953, 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.
10
102-486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L.91-190, 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.10151,10152,10153,10155, 10157,10161,10168).
Section 72A4(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 (J.2 U.S.C.10154). Section 72.96(d) also 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),
141(h), Pub. L.97-425,96 Stat. 2202,2203,2204,2222,2224 (42 U.S.C.10101,10137(a),
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).
6 72.82 IAmendedl
- 2. Section 72.82 is amended by removing paragraph (e).
Dated at Rockville, Maryland this day of ,1999.
For the Nuclear Regulatory Commission.
William D. Travers, Executive Director for Operations.
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ENCLOSURE 2 CONGRESSIONAL LETTERS
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- ' WASHINGTON, D.C. 206tW0001
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i The Honorable Joe Barton Chairman, Subcommittee on Enargy and Power Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal j Register for publication the enclosed amendment to the Commission's rule 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 the NRC at least 30 days before the receipt of spent fuel or high-level radioactive l 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.
( Sincerely, i
l Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register notice cc: Ranking Member
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l The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed amendment to the Commission's rule 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 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 j because the NRC staff is on site and evaluates preoperational testing as it occurs.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs !
Enclosure:
Federal Register notice cc: Senator Bob Graham L
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! The Honorable Joe Barton Chairman, Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
. The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed amendment to the Commission's rule 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 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 l because the NRC staff is on site and evaluates preoperational testing as it occurs.
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l Sincerely, l i
Dennis K. Rathbun, Director Office of Congressional Affairs ,
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Enclosure:
Federal Register notice cc: Ranking Member Distribution: ,
RGordon\RF IMNSS\ Central File NMSS R\F NRC Central File PHolahan CPoland ( ) MBridgers (EDO-Wits- ) LBRiani%DM CGallagher%DM l
DMendiola%DM identical letter sent to the Honorable James M. Inhofe DOCUMENT NAME: [O:\Gundersen\part72 8\confinal.wpd)
To receive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure 'E' = Copy with attachment / enclosure
'N' n No copy
- See previous concurrence OFFICE RGB\lMNS l RAG \lMNS l D:IMNS ,f;# l D:NMSS l OCA l NAME GGundersen* JPiccone* D606lR CPaperiello DKRathbun DATE 1/4 /99 1/14/99 // /9 /99 / /99 / /99 OFFICIAL RECORD COPY
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l The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power l
Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The U.S. Nuclear Regulatory ommission (NRC) has sent to the Office of the Federal Register for publication the enclos d amendment to the Commission's rule in 10 CFR Part 72.
The final rule will eliminate the r uirement that a report of the preoperational testing of an independent spent fuel storag installation or monitored retrievable storage installation be submitted to the NRC at lea 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has sh n that the NRC staff does not need the report or the holding period because the NRC staff is n site and evaluates preoperational testing as it occurs.
Sincerely, Dennis K. Rathbun, Director l Office of Congressional Affairs .
1
Enclosure:
Federal Register notice cc: Representative Ralph Hall '
Distribution: k
' RGordon\RF IMNSS\ Central File NMSS R\F NRC Central File PHolahan CPoland ( ) MBridgers (EDO-Wits- ) LBRiani\ADM CGallagher\ADM DMendiola\ADM Identical letter sent to the Honorable James M. Inhofe DOCUMENT NAME: [O:\Gundersen\part72_8\confinal.wpd)
To receive a copy of this document, indicate in the box: 'C" = Copy without attachment / enclosure 'E" = Copy with attachment / enclosure
'N' = No cop'r
- See previous concurrence OFFICE RGB\lMNS l Il$\t@S l D:IMNS l D:NMSS l OCA l NAME GGundersen 4 (,/ JpliBd6e DCool CPaperiello DKRathbun DATE / / .//99 // //ih/98 / /98 / /98 / /98 OFFICIAL RECORD COPY
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f ENCLOSURE 3 SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT LETTERS
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Mr. Robert P. Murphy i General Counsel General Accounting Office Room 7175 441 G Street, NW l
Washington, DC 20548 l 1
Dear Mr. Murphy:
1 1
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, l 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule amending its i 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 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. ;
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
Enclosures:
As stated l
F n nerg
, p & UNITED STATES g [ NUCLEAR REGULATORY COMMISSION 2 WASHINGTON. D.C. 20066-0001
%,...../
The Honorable Al Gore President of the United States Senate Washing.on, 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 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 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.
We have determined that this rule is not a " major rule," as defined in 6 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 la the final rule.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
As stated l
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pmaero 7
f>y h j
UNITED STATES NUCLEAR REGULATORY COMMISSION l -
WASHINGTON, D.C. 20655-0001
.The Honorable J. Dennis Hastert Speaker of the United States House of Re'>resentatives Washington, DC 20515
Dear Mr. Sceaker:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule amending its regulations in 10 CFR Part 72. The final rule will eliminate the requirement that a report of the preoperational tasting of an independent spent fuel storage installation or monitored retrievable i 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.
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
Enclosures:
As stated i
. 1
!- Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 l 441 G Street, NW - !
Washington, DC 20548
Dear Mr. Murphy:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting 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 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.
]
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
Enclosures:
As stated Distribution: l RGordon\RF IMNSS\ Central File NMSS R\F NRC Central File PHolahan CPoland ( ) MBridgers (EDO-Wits- ) LBRiani\ADM CGallagher\ADM DMendiola\ADM Identical letter sent to the Honorable Al Gore and the Honorable J. Dennis Hastert DOCUMENT NAME: [O:\Gundersen\part72_8\SBREFA.wpd) 1 To receive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure 'E" = Copy with attachment / enclosure
'N' = No copy
- See previous concurrence OFFICE RGB\lMNS l RAG \lMNS l D:IMM l D;NMSS l OCA l NAME GGundersen* JPiccone' DCafP' CPaperiello DKRathbun DATE 1/4 /99 1/14/99 1/ l9 /99 / /99 / /99 .
OFFICIAL RECORD COPY l
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!- 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 o.f the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is su itting a final rule amending its regulations in 10 CFR Part 72. The final rule will eliminate th requirement that a report of the preoperational testing of an independent spent fuel storage ' stallation or monitored retrievable storage installation be submitted to the NRC at least 30 d s before the receipt of spent fuel or high-level radioactive waste. Experience has shown tha the NRC staff does not need the report or the holding period because the NRC staff is site and evaluates preoperational testing as it occurs.
We have determined that this rule is not a " major le," as defined in 5 U.S.C. 804(2). We have confirmed these determinations with the Office Management and Budget.
Enclosed is a copy of the final rule, which is ing transmitted to the Office of the Federal Register for publication. The Regulatory Fle bility Certification is included in the final rule.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
As stated Distribution:
RGordon\RF IMNSS\ Central Fil NMSS R\F NRC Central File PHolahan CPoland ( ) MBridgers EDO-Wits- ) LBRiani\ADM CGallagher%DM DMendiola\ADM Identical letter sent to the Ho orable Al Gore and the Honorable Newt Gingrich DOCUMENT NAME: [O:\Gundersen\pa 72_8\SBREFA.wpd)
To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure
'N" = No cop'r -
- See previous concurrence OFFICE RGB\lMNS , l R69\lMNR l D:!MNS l D:NMSS l OCA l NAME GGundersen ] ('] JPickF DCool CPaperiello DKRathbun l DATE / / 3//99 ///Y/96 / /98 / /98 / /98 l OFFICIAL RECORD COPY l
e e
ENCLOSURE 4 DAILY STAFF NOTES !
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r DAILY STAFF NOTES OFFICE OF NUCLEAR MATERIALS SAFETY AND SAFEGUARDS Final Rule Sioned by the EDO l
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.
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I ENCLOSURE 5 APPROVAL FOR PUBLICATION
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Anoroved 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 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 boes not constitute a significant question of policy, nor does it amend regulation 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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/$ $ $ 2 4 fpA'
( IU NUCLEAR ENERGY INSTITUTE b Lynnette Hendricks l Of INTRATION DNISION AD '. ._
December 17,1998
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l Mr. John C. Hoyle DOCKEI NINR f Secretary of the Commission Rulemaking and Adjudications Staff gj fg l (gggggog) l U.S. Nuclear Regulatory Commission l Washington, DC 20555-0001
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SUBJECT:
Industry Comments on Proposed Rulemaking to 10CFR72.82(e),
Elimination of Reporting Requirement and 30-Day Hold in Loading l Spent Fuel After Preoperational Testing ofIndependent Spent Fuel l Storage or Monitored Retrievable Storage (63 Fed. Beg.49046- ;
September 14,1998) l The Nuclear Energy Institutei offers the following comments in response to the subject Federal Register notice which solicited public comments on the proposed I changes to 10 CFR 72.82(e) to eliminate the requirement of Part 72 licensees to submit a report of the preoperational test acceptance criteria and test results at least 30 days before the receipt of spent fuel or HLW.
We commend the Commission for its initiative to eliminate unnecessary regulatory requirements. This rule change will relieve both the licensee and the NRC staff from ;
the need to process exemption requests that would otherwise be needed to offload l fuel and continue operating plants. I If you have any questions concerning these conunents, please contact me at i (202) 739-8109 or Alan Nelson at (202) 739-8110. ,
1 Sincerely,
! Lynnette Hendricks i
1 NEI is the organization responsible for establishing unified nuclear industry policy on matters affecting the '
nuclear energy industry, including regulatory aspects of generic operational and technical issues. NEI members include all utilities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect / engineering firms, fuel fabrication facilities, materials licensees, and other organizations and individuals involved in the nuclear energy industry.
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9% Cheslebrook Bouk'od A Unit of PECO Energy Wwe PA WW7-SMI T8 DE -8 P4 :37 Ni November 30,1998 DOCKET NUMBErl Mr. John C. Hoyle PROPOSED RULE Eb 'f2 Secretary of the Commission (NMNON U.S. Nuclear Regulatory Commis:> ton Attn: Rulemakings and Adjudications Staff Washington, DC 20555-0001
Subject:
Comments Concerning Proposed Rule 10CFR72, " Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After Picoperational Testing ofIndependent Spent Fuel Storage or Monitored Retrievable Storage Installations"(63FR49046, dated September 14,1998)
Dear Mr. Hoyle:
This letter is being submitted in response to the NRC's request for comments concerning Proposed Rule 10CFR72,
- Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After Preoperational Testing ofIndependent Spent Fuel Storage or Monitored Retrievable Storage installations,"which was published in the Federal Register (i.e.,63FR49046, dated September 14,1998). The NRC is proposing to amend 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.
PECO Energy appreciates the opportunity to comment on this proposed rule. We endorse this rulemaking effort and fully support promulgation as a final rule, if you have any questions, please do not hesitate to contact us.
Very truly yours, Garrett D. Edwards Director- Licensing
- 9T!2!DORW -
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< i- November 30,1998
' Page 2 bec: . G. R. Rainey - 63C-3 J. D. von Suskil- LGS, SMB1 1 J. Doering - PBAPS, SMB4-9 J. J, Hagan - 62C-3 M. P. Gallagher - LGS, GMLS-1 M. E. Wamer- PBAPS, A4-1S M. J. Taylor- PBAPS, A4 SS G. H. Stewart - LGS, SMB2-4
~ D. P. Helker - 62A-1 J. G. Hufnagel - 62A-1.
,l. L. Phillabaum - 62A-1 D. J. Foss - PBAPS, PS2-2 Correspondence Control Desk - 61B-3 DAC APART 72RPTRf07fR 00C i i
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[ Portland General Electric Company DOChETEU N
Trojan Nudear Plant 7' Cd"*' *"' ""l' 78 NOV 17 All 36 Ramter OR 97048 (503)556-3713 l
OFj November 4,1998 l R
ADJU VPN-062-98' F Secretary
?OCKU NUluSER U.S. Nuclear Regulatory Commission rpcpOSED M h M Washington, DC 20555-0001 --
W--'l90 R y 6)
Attention: Rulemaking arid Adjudications Staff
Dear Sir:
Comments on NRC Rulemaking to Eliminate Renorting Requiniment for ISFSI Preonerational Tests On September 14,1998, the NRC published a proposed rule conceming reporting requirements in 10 CFR 72 (Federal Register Volume 63, Number 177). The 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. As noted in the NRC's description of the proposed rule, experience has shown that the NRC staff does not need the report or the holding period because the NRC staffis on site and evaluates preoperational testing as it occurs.
Portland General Electric strongly supports this NRC effort to eliminate an unnecessary regulatory impact on licensees. Specific comments on the proposed rule are provided in an attachment to this letter.
If you have any questions regarding this information, please contact Joel Westvold of my staff at (503) 356-6485.
Sincerely, l
Stephen M. Quennoz Trojan Site Executive Connecting People, Power and Possibilities hh//./$0lb'f-- C'b
9 VPN-062-98 November 4,1998 Page 2 of 2 Attachment c: T. J. Kobetz, NRC, NMSS L. H. Thonus, NRC, NRR R. A. Scarano, NRC Region IV David Stewart-Smith,00E I
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- I Attachment I to VPN-062 98 I November 4,1998 ;
Pace 1 of 3 Comments on NRC Rulemaking to Eliminate Reporting I Requirement for ISFSI Preoperational Tests l Federal Register: Septembe'r 14,1998 (Volume 63, Number 177, p. 49046)
Background
By letter dated March 26,1996, (PGE letter VPN-012-96), Portland General Electric (PGE) applied for a license for an independent spent fuel storage installation (ISFSI) to be constructed at the site of the Trojan Nuclear Plant. The NRC has assigned Docket Number 72-017 to this license application. PGE is constructing the Trojan ISFSI to allow the removal of spent nuclear fuel from the Trojan Nuclear Plant to facilitate decommissioning activities.
PGE has completed construction of portions of the Trojan ISFSI and is continuing with the fabrication of the remaining major components. Following completion of these remaining fabrication activities, PGE will begin preoperational testing of the fuel storage system. Given the current status of the NRC's review of the pending Trojan ISFSI license application, it is possible that the ISFSI license will be issued prior to completion of the ISFSI preoperational testing. In that case, PGE would be prepared to begin fuel loading operations and startup testing immediately following the successful completion of preoperational testing.
Current regulations, however, require that PGE submit a report of the results of the preoperational testing at least 30 days prior to receipt of spent fuel at the Trojan ISFSI. This regulatory requirement could result in an unnecessary delay in the transfer of spent fuel from the TNP to the Trojan ISFSI. By letter dated February 10,1998 (VPN-012-98), PGE requested an exemption from this requirement.
Comments on Proposed Rule As noted in the notice accompanying the proposed rule change, the purpose of the 30-day period is to establish a hold point to allow the NRC to review a licensee's preparations and, if necessary, exercise its regulatory authority before spent fuel is received at an ISFSI. Licensees are not required to obtain NRC approval of the report before commencing loading operations.
PGE concurs with the NRC's conclusion that the test report and subsequent holding period are unnecessary. Part 72 requires that the Safety Analysis Report (SAR) accompanying an application for a site-specific license (Sec. 72.24(g)) contain a description of the preoperational
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! Attachment I to VPN-062-98 November 4,1998 Page 2 0f 3 testing program. Licensees are required to complete the preoperational testing program described in the SAR before spent fuel is loaded. In addition, detailed testing procedures are available for review by NRC inspection personnel prior to the commencement of preoperational testing.
The NRC staff typically maintains an extensive presence during the preoperational testing of ISFSIs, reviewing the acceptance criteria, preoperational test, and test results as they occur. As described in the NRC's inspection procedures', the objectives of the NRC inspection effort during preoperational testing are, in part, to:
. .. . determine by direct observation and independent evaluation whether the licensee has developed, implemented, and evaluated preoperational testing activities to safely load spent fuel from the spent fuel pool into a dry cask storage system (DCSS) and to transfer the loaded DCSS to the Independent Spent Fuel Storage Installation (ISFSI)."
. " .. determine whether the licensee has fulfilled all test acceptance criteria and that all identified deficiencies are resolved before receipt of fuel at the ISFSI."
. " Independently assess, at the completion of the preoperational testing program, the licensee's readiness to load spent fuel into the ISFSI or retrieve spent fuel from the ISFSI."
Thus, NRC staff has immediate access to the licensee's procedures and test results. Therefore, the NRC staff does not need either a preoperational test report or a 30-day hold period to determine whether further regulatory action is needed before fuel loading and transfer operations begin.
The results of the NRC's inspection is subsequently documented in a written inspection report that is placed in the NRC Public Document Room. This report contains conclusions on whether the licensee has adequately completed the preoperational test program, and an assessment of the ,
licensee's readiness to begin loading spent fuel. Thus, under the proposed rule, the public will )
retain the ability to review the results of the test program even without the submittal of a preoperational test report by the licensee.
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PGE also concurs with the statements accompanying the proposed rule, that the 30-day hold i established by Sec. 72.82(e) creates a potentially significant financial burden for licensees. PGE !
l estimates that the 30-day hold period mandated by the current rule could result in increased costs t
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'NRC Inspection Procedure 60854 - Preoperational Testing of an ISFSI
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Attachment 1 to VPN-062 November 4,1998
. Pave 3 of 3 l .of more than $300,000 due to expenses associated with maintaining necessary staffing during the )
30-day delay. The elimination of this 30-day hold period would avoid such unnecessary costs
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and enable PGE to use the crew assembled for fuel transfer while the lessons of preoperational
{
testing are fresh in their minds. '
l I Several utilities, including PGE, have requested exemptions from this reporting requirement based on arguments similar to those cited by the NRC in support of this proposed rule. The
' elimination of this requirement would benefit both future licensees and the NRC stalT by eliminating the time and resources spent in the preparation of such exemption requests and their review by the NRC staff.
Conclusion
- PGE strongly supports the proposed rule change. The proposed change will eliminate a report !
and 30-day hold period that are not needed by the NRC and could result in substantial cost savings by licensees. The descriptions of the preoperational testing contained in the ISFSI SAR, the detailed procedures which will be available to NRC inspection personnel, and the NRC's i direct inspections and observations will continue to provide ample basis for the NRC's ;
assessment of preoperational testing activities.
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!/ i BNFL Fuel Solutions Corp.
. 'i i DOCKETED l l
( I V3)JPil 1 Victor Square 5"tt'V 'iey.cA 9s0se i
Fuel Solutions Corporation Tel: (408) 438-6444
% mv 16 P2 :06 Far (408)438 5206 DOCKET NUMBEfl .
November 9,1998 PROPOSED RAE $_ Cfl i BFS/NRC 98-021 S3FRMon) [~ ,j Docket Nos. 72-1023 72-1007 File No. SNC-109 Secretary j US Nuclear Regulatory Commission !
Washington, D.C. 20555-0001 Attn: Rulemakings and Adjudications Staff j I
Subject:
Proposed Amendment to 10 CFR Part 72, Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After Preoperational Testing ofIndependent Spent Fuel Storage or Monitored Retrievable Storage Installations l
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Dear Sir,
Federal Register dated September 14,1998 proposed an amendment to 10 CFR Part 72 which would 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. BFNL Fuel Solutions (BFS), which is doing business as Sierra Nuclear Corporation, provides the following general comment relative to this amendment.
GENERAL COMMENT
Although BFS as a certificate holder is not directly impacted by the amendment, BFS supports the intent of the proposed revision to 10 CFR Part 72. The removal of the 10CFR 72.82(e) requirement that licensees submit a report of the preoperational test acceptance criteria and test results at least 30 days before the receipt of spent fuel or high level waste eliminates a significant administrative burden on the licensees. NRC inspection programs, currently in place, already ensure the adequacy of the licensee's operating procedures (including loading and unloading procedures), and observe the implementation of those procedures during preoperational testing. Notification of the initiation of spent fuel loading is already provided by licensee compliance with 10CFR 72.212(b)(1)(I). Consequently,little value-added was provided by the 10CFR 72.82(e) preoperational test report requirement.
fhh$$ E -
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- 4 -- U. S. Nuclear Regulatory Commission
!'I- BFS/NRC 98-021 Page 2 l ' If any questions exist relative to this submittal, please contact me at (831) 438-6444.
l- ~ Sincerely, -
b .
E. D. Fuller
' President & CEO cc) Mr. Joel Westvold Ms. Marilyn Meigs
, Portland General Electric BNFL Inc. j 71760 Columbia River Hwy.
90017* Street NW. Suite 1050 Rainier, OR 97048 Washington, DC 20006-2501 Mr. Dan Gildow Mr. John Broschak Porthmd General Electric Consumers Energy 71760 Columbia River Hwy. Palisades Nuclear Plant Rainier, OR 97048 27780 Blue Star Memorial Hwy.
Covert, MI 49043 ;
i Mr. Mike Holzmann Mr. Ray Kellar '
Wisconsin Electric Power Co. Entergy Operations,Inc, j Point Beach Nuclear Plant 1448 State Road 333 1 6610 Nuclear Road Russellville, AR 72801
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Two Rivers, WI 54241 ;
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