ML20212H337
| ML20212H337 | |
| Person / Time | |
|---|---|
| Issue date: | 09/04/1998 |
| From: | Piccone J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20212H254 | List:
|
| References | |
| FRN-64FR17510, RULE-PR-72 AG02-2-014, NUDOCS 9910010038 | |
| Download: ML20212H337 (7) | |
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/)dsz-z l fp/f September 4, 1998 l . MEMORANDUM TO: David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration
- FROM: Josephine Piccone, Chief
!. Rulemaking and Guidance Branch l Division of Industrial and
! Medical Nuclear Safety, NMSS l
SUBJECT:
IMPLEMENTATION OF APRIL 27,1998, SRM: PROPOSED RULE: ELIMINATION OF REPORTING REQUIREMENT AND 30-DAY HOLD IN LOADING SPENT FUEL AFTER l PREOPERATIONAL TESTING OR INDEPENDENT SPENT l FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE INSTALLATIONS G,1 April 27,1998, the Commission approved the rulemaking plan for the subject proposed rule.
This proposed rule implements the approved rulemaking plan.
I Please implement the Commission's actions by arranging for publication of the attached i proposed rule in the Federal Register.
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' Also attached are the Congressionalletter package for transmittal to OCA and the Press Release.
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( Attachments:
- 1. ' Federal Register Notice of Final Rule
+ 11 Copies & Diskette
- 2. Congressional Letters
- 3. Press Release l
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Distribution: 900194 RGortionNtF CHaugney
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IIANsdCantral File Parochman NIIss MtF NJensen NRC centrol File HThompson i l EDo R/F LRiani l PTreesler EDo No. 9004308 DIAendiola l CGallagher To receive a copy of this document,indk.ato in the bos "C" = copy without anschment/ enclosure, "B" = copy with attachment / enclosure, "N"
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NME: _ c DATE: 7 / 2 /98 I/ /98 0FFICIAL RECORD COPY 9910010038 990924 PDR PR 7264FR1,7510 PDR g/h.
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MEMORANDUM TO: David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration FROM: y Josephine Piccone, Chief Rulemaking and Guidance Branch Division of industrial and Medical Nuclear Safety, NMSS
SUBJECT:
IMPLEMENTATION OF APRIL 27,1998, SRM: PROPOSED RULE: ELIMINATION OF REPORTING REQUIREMENT AND 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OR INDEPENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE INSTALLATIONS On April 27,1998, the Commission approved the rulems -Jng plan for the subject proposed rule.
This proposed rule implements the approved rulemaking, uan Please implement the Commission's actions by arranging for publication of the attached proposed rule in the Federal Reaister.
Also attached are the Congressional letter package for transmittal to OCA and the Press Release.
Attachments:
- 1. Federal Register Notice of Final Rule
+ 11 Copies & Diskette
- 2. CongressionalLetters
- 3. Press Release CONTACT: Gordon Gundersen, NMSS/IMNS (301)415-6195 l
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ENCLOSURE 1 FEDERAL REGISTER NOTICE OF PROPOSED RULEMAKING
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I NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AF02 Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After Prooperational Testing of Independent Spent Fuel Storage or Monitored Retrievable Storage installatione AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed 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 l
least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the report or the holding period because the NRC staff is on site and evaluates preoperational testing as it occurs. This amendment will eliminate an unnecessary regulatory impact on licensees.
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r DATES: The comment period expires (75 days after publication). Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.
ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory Commission.
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff.
Deliver comments to: 11555 Rockville Pike, Maryland, between 7:30 am and 4:15 pm on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking web site through the NRC home page (http://www.nrc. gov). This site provides the availability to upload comments as files (any format) if your web browser supports that function. For information about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-6215; e-mail CAG@nrc. gov.
Certain documents related to this rulemaking, including comments received may be examined at the NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, l
DC. These same documents also may be viewed and downloaded electronically via the interactive rulemaking website established by NRC for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, telephone (301) 415-6195, l
e-mail gegi@nrc. gov, or Philip Brochman, telephone (301) 415-8592, e-mail pgb@nrc. gov, l Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, l
Washington, DC 20555-0001. i l
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i i SUPPLEMENTARY INFORMATION: i
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Background
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Part 72 requires that the Safety Analysis Report (SAR) accompanying an application for l
a site-specific license (9 72.24(g)) and the application for the approval of a spent fuel storage cask ($ 72.236(l)) contain information on the performance of preoperational testing by the site-l specific licensee or the generallicensee, respectively. The licensee is required to complete the !
preoperational testing program described in the applicable SAR before spent fuel is loaded into l
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).
i 10 CFR 72.82(e) requires licensees to submit to the NRC a report of the preoperational test acceptance criteria and test results at least 30 days before the receipt of spent fuel or HLW for loading into an ISFSI or MRS. However, the licensee is not required to submit test procedures, but only a 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 establish a hold point to allow NRC to review a new licensee's preparations and, if t cossary, exercise its regulatory authority before spent fuelis received at an ISFSI or spent fue ind HLW at an MRS.
The licensee is not required to obtain NRC approval of the report before commencing loading operations.
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E Discussion l
The requirement for a preoperational test report and 30-day hold period was added the Part 72 regulations governing licensing requirements for ISFSis and an MRS at the t they became effective on November 28,1980 (45 FR 74693), and before the NRC staff ha any practical experience in licensing such facilities. However, in the intervening period, the Commission's practice has been for NRC staff to maintain an extensive oversight presen 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 acc. '
to the licensee's procedures and test results and has not needed either a preoperational 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 f HLW.
I 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 normal, abnormal, and emergency operating procedures,(including loading and unloading l 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 resolve problems before loading spent fuelinto the ISFSt. NRC staff documents the results of the l
inspection of the preoperational test program in a written inspection re. port, which is placed in the PDR . This report contains conclusions on whether the licensee has ao~equately comple 1
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- 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 this 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 would be aware of any potential fuelloading activities. Additionally, generallicensees are l
l required by 9 72.212(b)(1)(l) to notify the NRC at least 90 days before spent fuel loading !
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. begins.' For site-specific licensees, the fact that a license has been issued sentes as adequate notice to the NRC that spent fuelloading activities are planned. Further, site-specific licensees are also required by 72.70(a) to submit a final safety analysis report to the Commission at l least 90 days before spent fuelloading begins. !
The public will retain 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 l
l for review in the NRC PDR. Relevant information on the preoperational test program and the results of the preoperational test program both will remain available for public review in the SAR and the inspection report, respectively.
The NRC staffs experience has also been that the 30-day hold established by 72.82(e) creates a potentially significant financial burden for licensees because, during the 30-day period, the lice 7see can perform no loading activities even though the licensee is ready 5
ra to load spent fuel or HLW. ' This has resulted in several requests for exemptions by licensees and the need for the NRC staff to expend time processing these requests. The elimir ation of l this regulation would preclude the need for exemption requests and would enable the licensee to use the crew assembled for fuel transfer while the lessons of preoperational testing are fresh l
in their minds and will contribute to the efficiency of operations by avoiding unnecessary idle time. The NRC staff observers of spent fuelloading will similarly benefit.
Therefore, the Commission proposes to remove 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. While elimination of this reporting requirement will also remove a piece of information which was available to the public, the alternative sources of information available to the public on preoperational test activities adequately recount the licensee's performance of preoperational testing.
Environmental Impact; Categorical Exclusion The NRC has determined that this proposed 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 proposed rule.
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Paperwork Reduction Act Statement This proposed rule decreases the burden on licensees by elirninating 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 receipt of spent fuel or high-level radioactive waste,10 CFR 72.82(e). The public 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 response.
Because the burden for this information collection is insignificant, Office of Management and Budget clearance is not required. Existing requirements were approved by the Office of Management and Budget, approval 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 propoed emendment 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 7
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l I report and the 30-day hold period are not needed for NRC's regulatory activities. l The benefit of the proposed 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 though the licensee is ready to load spent fuel or HLW. This could impose a potentially significant financial burden on I censees. The rule would also relieve both licensees and the NRC staff from the need to process exemption requests. The Commission has received and approved several requests for e temption from 72.82(e) and envisions that most future Part 72 licensees would also apply for exemption from this regulation. An impact of the proposed rule would be that a report of the preoperational test criteria and test results will no longer be available. However, 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 will be 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 wou!d still retain a requirement not needed for regulatory purposes and thus, would still impose an unnecessary regulatory burden on licensees.
i 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 proposed rule will not, if adopted, have a significant economic impact on a substantial number of small entities. This proposed rule would affect only the i 8
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. 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 Standar'ds set out f in regulations issued by the Small Business Administration at 13 CFR Part 121.
Backfit Analysis l
r 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 proposed rule.
Criminal Penalties For the purpose of Section 223 of the Atomic Energy Act (AEA), the Commission is issuing the proposed rule to amend 10 CFR 72.82, under one or more of $$ 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 "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 9
, 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 administrative procedure laws, but does not confer regulatory authority on the State.
1 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.
i 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: Sees. 51, 53, 57, 62, 63, 65, 69, 81,161,182,183,184,186,187,189, I 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234,83 Stat.
l 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.102- l 486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L.91-190, 83 Stat. 853 (42 10
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- U.S.C. 4332); secs.131,132,133,135,137,141, Pub. L.97-425. 96 Stat. 2229, 2230, 2232, l 2241, sec.148, Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10151,10152,10153,10155, 10157,10161,10168).
Section 72.44(g) also issued under sec.142 (b) and 148 (c), (d), Pub. L. 100-203, 101 Stat.1330-232,1330-236 (42 U.S.C.10162 (b),10168 (c), (d)). Section 72.46 also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C.10154). Section 72.96(d) 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).
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9 72.82 [ Amended]
- 2. Section 72.82 is amended by removing paragraph (e). !
l Dated at Rockville, Maryland this day ofN'cda 998.
! l For the Nuclear Regulatory Commission. !
L. Jose Callan, Executive Director for Operations. !
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ENCLOSURE 2 CONGRESSIONAL LETTERS l I
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l The Honorable Dan Schaefer, Chairman l 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 the Office of the Federal Register, for publication, the enclosed proposed amendment to the Commission's rule in 10 CFR Part 72.
The proposed rule, if promulgated, 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 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 reporting or the holding period because the staff is on site and evaluates preoperational testing as it occurs.
The Commission is issuing the proposed rule for public comment.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs Enclosure; Federal Reaister notice cc: Representative Ralph Hall
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L The Honorable Dan Schaefer, Chairman L
Subcommittee on Energy and Power L Committee on Commerce United States House of Representatives i
Washington, DC 20515 i
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC) has sent the Office of the Federal Register, for publication, the enclosed proposed amendment to the Commission's rule in ' 0 CFR Part 72.
.The proposed rule, if promulgated, would eliminate the requirement that a report of the
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preoperatumal 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 i high-level radioactive waste. Exponence has shown that the NRC staff does not need the j reporting or the holding period because the staff is on site and evaluates preoperational testing as it occurs. 1 I
The Commission is issuing the proposed rule for public comment.
1 Sincerely, i
Dennis K. Rathbun, Director Office of Congressional Affairs l
Enclosure:
Federal Register notice I cc: Representative Ralph Hall I
l Distribution:
RGordon\RF IMNSS\CentralFile NMSS R\F NRC Central File PHolahan CPoland ( ) MBridgers (EDO-Wits- ) LBRieni%DM CGallagher%DM DMendiola%DM Identical letter sont to the Honorable James M. Inhofe DOCUMENT NAME: [O:\Gunderson\part72._8\propos. con)
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 concurrences OFFICE RG8MMNS l RAGVMNS , [ !D:IMNS l D.NMSSjf l OCA l l NAME GGunderson* JPiccone* FCombs* CJPadd6ellor //L- DKRathbun DATE 8/14 198 8 /14 /98 8 /14 /98 2T/10/98 ' M /98 OFFICIAL RECORD COPY
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UNITED STATES E, S I NUCLEAR REGULATORY COMMISSION
- f WASHINGTON, D.C. 2065&m01 l
g.....,f 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 the Office of the Federal Register, for publication, the enclosed proposed amendment to the Commission's rule in 10 CFR Part 72.
The proposed rule, if promulgated, 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 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 reporting or the holding period because the staff is on site and evaluates preoperational testing as it occurs.
The Commission is issuing the proposed rule for public comment.
Gincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Reaister notice '
cc: Senator Bob Graham
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ATTACHMENT 3 Press Release 1
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DRAFT PRESS RELEASE l
NRC PROPOSES TO DELETE REPORTING REQUIREMENT ON LOADING OF SPENT NUCLEAR FUEL STORAGE INSTALLATIONS I l
The Nuclear Regulatory Commission is considering amending its regulations to eliminate what has been determined to be an unnecessary reporting requirement related i to the loading of spent nuclear fuel into independent storage installations.
! Current regulations require the 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 loading of spent fuel. The regulations do not require NRC approval of the 30-day report.
But experience has shown that the NRC does not need the report because NRC staff representatives are on site during the preoperational testing and evaluate it as it occurs. Agency inspectors review licensees' normal, abnormal and emergency l operating procedures and observe their implementation during preoperational testing.
The agency has therefore not needed either a preoperational test report or a 30-day hold period in order to complete its inspection activities.
Interested persons are invited to submit comments on the proposed changes within 75 days after publication of a Federal Register notice on this subject, expected shortly. Written comments should be mailed to the Secretary, U.S. Nuclear Regulatory
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. i Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications '
Staff. Comments may also be submitted electronically via the NRC's interactive I rulemaking web site at http://www.nrc.oov/NRC/ rule.html.
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