ML20212H357
| ML20212H357 | |
| Person / Time | |
|---|---|
| Issue date: | 08/20/1998 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20212H254 | List:
|
| References | |
| FRN-64FR17510, RULE-PR-72 AG02-2-015, NUDOCS 9910010042 | |
| Download: ML20212H357 (20) | |
Text
$
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20086-0001 o,
l
%, . . . . . p' August 20, 1998 MEMORANDUM TO: L. Joseph Callan
, Executive Director for Operations FROM: Carl J. P ' lo, Di l Offi ar fet and Safeguard
/
SUBJECT:
PROPOSED RULE: ' ELIMINATION OF REPORTING REQUIREMENT AND 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT I
FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE ;
INSTALLATIONS," iO CFR 72.82(e) i Attached for your signature is a proposed rule (Enclosure 1), to be published in the Federal l
Register. that eliminates a reposting 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 staff is on site and evaluates !
preoperational testing as it occurs.
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Background:
The rulemaking plan for this proposed rule was transmitted to the Commission by l SECY-98-056 on March 24,1998. On April 27,1998, a Staff Requirements Memorandum was i issued directing the staff to implement the rulemaking plan. I Notices: The appropriate Congressional committees will be notified (Enclosure 2). A notice to l l the Commission that the Executive Director for Operations has signed the enclosed Federal l Register notice is attached for inclusion in the " Weekly Report to the Commission" (Enclosure 3).
Resources
- Elimination of the requirement for licensee to submit a preoperational test report l _ per 9 72.82(e) will also eliminate the need for NMSS staff to review these reports. Staff l estimates this will save 1 staff-day of effort per report per year. Because these reports are !
l submitted once in the lifetime of an independent spent fuel storage installation (ISFSI), staff l l 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 4 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 (301) 415-8592 .
9910010042 990924 PDR PR 72 64FR17510,,,PDR,
L.J. Callan 2 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 Proposed {
i Rulemaking, and disk
- 2. Congressional Letters 3, Weekly Report to the Commission )
- 4. Approval for Publication !
- 5. Press Release l
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/)682-8 1
August 20, 1998 L.J. Callan' 2 1 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 Proposed Rulemaking, and disk
- 2. Congressional Letters I
- 3. Weekly Report to the Commission
- 4. Approval for Publication
- 5. Press Release l
DISTRIBUTION: EDO 9800076/NMSS 9800194 RGordon/RF IMNS/ Central NRC Central File MBridgers EDO r/f CPoland '
JPiccone NMSS Files DACool SShankman PBrochman PHolahan CAbbott, CIO l CGallagher, ADM LBRiani, ADM DMendiola, ADM ,
Doc. Name: (o:\gunderse5 art 72-8\ pro.edo)(mtB/17)
To receive a copy of thi8 doc, indicate in the box: "C" a Copy without attachment / enclosure "E" = Copy with attamment/ enclosure "N" = No copy
- See previous concurrences OP/Preoormo/auoueT to, toes OFFICE: RGB: INNS RGB:!MNS D: INNS D:M4SS NAK : *Gundergpt *Holahan *Conbs *Paperiello DATE: 8/14/98 8/14/8 8/14/98 8/20/98 0FFICIAL RECORD COPY O!6
August 20, 1998 L.J. Cal 1an 2 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 Proposed Rulemaking, and disk
- 2. Congressional Letters
- 3. Weekly Report to the Commission
- 4. Approval for Publication
- 5. Press Release
- 91. K rto-t e E0' DISTRIBUTION: EDO 9800076/NMSS 9800194 (Original signed b C. Paperie )
RGordon/RF IMNS/ Central NRC Central File MBridgers EDO r/f CPoland JPiccone NMSS Files DACool SShankman PBrochman PHolahan CAbbott, CIO CGallagher, ADM LBRiani, ADM DMendiola, ADM Doc. Name: (o:\gunderse\part72-8\ pro.edo)(mf8/17)
To receive a copy of ttus doc. indicate in the box: "C" a Copy without attachment / enclosure "E" = Copy with attachmenvenclosure *N" a No copy
- See previous concurrences CP/PROOPED/ AUGUST 18, t 998 OFFICE RGB:IMNS l RGB:IMNS l TECH ED l D:SFPO l D;IMNS l l NAME: GGundersen* PHolahan* EKraus WKane* FCombs*
! DATE: 8 /14 /98 8 /14 /98 '/ /98 8 /14 198 8 /14 /98 i
miriimamiiimieli - man iaiiamiiiiiiiiiggg!!iglE iiiiiiiig !!iigigilEiiiiii!!il EliiEE Egililli!!E!EiiiiEiiEiiliiiiE '
OFFICE: RDB:ADM OClO l OGC D:OE CFO NAME: Dmeyer memo BShelton memo Jgray no legal JIieberman Jfunches e-mail !
objection memo l DATE: 8/ 3 /98 8 /13 /98 7 / 23 198 7 /24 /98 7 / 31 /98 OFFICE: D:NRR l D:NtgihS DEDR EDO l [_ i NAME: Scollins memo CJP/$ffEifo HThompson LJCallan l DATE: 8/ 10 /98 45/ 1 6 /98 / /98 / /98 OFFICIAL RECORD COPY ,
(NMSS File Code) I
L.J. Callan 2 i
l Coordination: The Office of the General Counsel has reviewed this paper and has no legal l 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 ReoisterNotice of Proposed Rulemaking, and disk
- 2. Congressional Letters
- 3. Weekly Report to the Commission ~
- 4. Approval for Publication
- 5. Press Release DISTRIBUTION: (0:\gunderse\part72-8\ pro.edo)
RGordon/RF IMNS/ Central NRC Central File CPoland (for tickets only)
JPiccone NMSS Files DACool SShankman PBrochman Pholahan CAbbott, CIO CGallalgher, ADM LBRiani, ADM DMendiola, ADM Doc. Name: (o:\gunderse\part72-8\ pro.edo)
To receive a copy of this document, indicate in the box: "C" = Copy without attachmenvenclosure "E" = Copy wtth attachment / enclosure "N" = No copy
- See previous concurrences l OFFICE RGB:lMNS l l RGB:IMNS l TECH ED l D:SFPO l D:tMNS:NMSS l NAME: GGundersen* PHolahan* EKrous
- FCombe' WKane*
DATE: 8114194 8I14 198 Wi l W/98 8 114 198 8114198 OFFICE: RDB:ADM l OCIO l OGC no legal objection l D:OE l CFO l NAME: Omeyer memo BShelton memo Jgrey Jineberman memo Jfunches e-mail DATE: 8i 3 M4 8 113 48 7123 198 7 124 48 7 f 31 28 OFFICE: D:NRR l D:NMSS l DEDR l EDO l NAME: Scollins memo CJPaper6ello HThompson LJCallan DATE: 8f 10 198 # 19 8 / 19 8 f 19 8 OFFICIAL RECoRo COPY (NMss File Code)
l Coordination. The Office of the General Counsel has reviewed this paper and has no legal objection. The ice of the Chief Financial Officer has reviewed this paper for resource .
implications and h no objections. The Office of the Chief information Officer has re ' wed this paper for informa n technology and information management implications an oncurs in it.
1
Enclosures:
- 1. Federal Re ter Notice of Proposed Rulemaking d disk
- 2. Congressional Le ers
- 3. Weekly Rtport to th Commission
- 4. Approval for Publicatio
- 5. Press Release l
DISTRIBUTION: (0:\gunderse\part72-8\ pro.ed RGordon/RF IMNS/ Central NRC Central File CPoland (for tickets only)
JPiccone NMSS Files DACool ,
SShankman l PBrochman Pholahan CAbbott, ClO CGallalgher, ADM LBRiani, ADM DMendiola, ADM Distribution: (o:\gunderse\part72-8) pro.edo)
To receive a copy of this document,Ind6cate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" a No copy OFFICE RGB:lMNS l RGB:IMNS , l TECH ED l D:)EPtM[] l, D:lMNS:NMSS {
l NAME: GGunderson f (., PHolahan 8 (Ir EKraus M @" FContbo l DATE: Ili 44 198 Qf # 19 8 / 19 8 5# 6 19 8 ME6 M M - E i I OFFICE: RDS:ADM l OCIO OGC no legal objectbn l D:OE CFO l NAME: Dmeyer memo BShelton memo Jgray Jtleberman memo Jfunches eeall DATE: 0t 3 38 8#13 38 7123 198 7 124 58 7 1 31 38 OFFICE: D;NRR l D:NMSS l DEDR l EDO l l NAME: Scollme memo MKnapp HThompson LJCaltan DATE: 81 10 SS i 28 f 28 1 48 OFFICIAL RECORD COPY (NMSs File Code)
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9 ENCLOSURE 1 FEDERAL REGISTER NOTICE .
OF PROPOSED RULEMAKING '
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AF02 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 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 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 I
is on site and evaluates preoperational testing as it occurs. This amendment will eliminate an l unnecessary regulatory impact on licensees.
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RFCf/S'O3,'gr -
6 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, I Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff.
l 1 Deliver comments to: 11555 Rockville Pike, Maryland, between 7:30 am and 4:15 pm on Federal workdays.
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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' l
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 i
examined at the NRC Public Document Room,2120 L Street NW (Lower Level), Washington, DC. These same documents also may be viewed and downloaded electronically via the l
l interactive rulemaking website established by NRC for this rulemaking.
l FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, telephone (301) 415-6195, e-mail gegi@nrc. gov, or Philip Brochman, telephone (301) 415-8592, e-mail pgb@nrc. gov, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, l Washington, DC 20555-0001, 2
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SUPPLEMENTARYINFORMATION:
Background
Part 72 requires that the Safety Analysis Report (SAR) accompanying an application for a site-specific license ($ 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-specific licensee or the general licensee, respectively._ The licensee is required to complete the preoperational testing program described in the applicable 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).
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 necessary, exercise its 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.
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Discussion The requirement for a preoperational test report and 30-day hold period was added to the Part 72 regulations goveming 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 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 whether any further regulatory action is needed before the licensee begins to load spent fuel or i l I HLW.
The NRC inspection program now in place (i.e., inspection Manual Chapter 2690 and i
inspection Procedures 60854 and 60855) ensures that the NRC staff will review the licensee's l
normal, abnormal, and emergency operating procedures,(including loading and unloading i 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 documents the results of the I
l inspection of the preoperational test program in a written inspection report, which is placed in the PDR . This report contains conclusions on whether the licensee has adequately completed I
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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 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 required by 9 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 9 72.70(a) to submit a final safety analysis report to the Commission at least 90 days before spent fuel loading begins.
The public will retain the ability to review a description of the preoperational tests and their acceptance criteria because such information is contained in the SAR, which is available for review in the NRC PDR. Relevant information on the preoperational test program and the results of the preoperational test program both 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 9 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 l
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l 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 elimination of this regulation would preclude the need for exemption requests and would enable the licensee j to use the crew assembled for fuel transfer while the lessons of preoperational testing are fresh 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. I l
'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 i regulatory purposes and taking this action will relieve licensees from an unnecessary regulatory I burden. While elimination of this reporting requirement will also remove a piece of information which was available to the public, the attemative sources of information available to the public l on preoperational test activities adequately recount the licensee's performanos of preoperational testing. ;
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Environmental Impact: Categorical Exclusion l
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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l Paperwork Reduction Act Statement This proposed rule decreases the burden on licensees by eliminating 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. I I
I Regulatory Analysis 1
I The proposed 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 l l-7 l
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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. Tnis could impose 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 several requests for exemption from 6 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 i
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 i considered the attemative of shortening rather than eliminating the hold period but rejected this altemative because it would still retain a requirement not needed for regulatory purposes and l i
thus, would still impose an unnecessary regulatory burden on licensees. j i
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 8 l L_ j
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r 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, 4 i
because this amendment does not involve any provisions that would impose backfits as defined !
i in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this proposed rule. !
l 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 $9161b,1611, or 161o ;
of the AEA. Willful violations of this rule would be subject to criminal enforcement. l l
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 :
Reaister (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 I
! NRC by the AEA, or the provisions of Title 10 of the Code of Federal Regulations. Although an 9
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l ' 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.
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, i
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 i
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 1 (42 U.S.C. 2021); sec. 201, as amended,202,206,88 Stat.1242, as amended 1244,1246 (42 i
U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec.10, 92, Stat. 2951 as amended by Pub. L.102-486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L.91-190, 83 Stat. 853 (42 j 10
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L 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).
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! 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 l
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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$ 72.82 [ Amended]
- 2. Section 72.82 is amended by removing paragraph (e).
Dated at Rockville, Maryland this day of 1998.
For the Nuclear Regulatory Commission.
. L. Joseph Callan, Executive Director for Operations.
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$ 72.82 (Amended]
- 2. Section 72.82 is amended by removing paragraph (e).
Dated at Rockville, Maryland this day of 1998.
For the Nuclear Regulatory Commission.
L. Joseph Callan, Executive Director for Operations.
DISTRIBUTIO!3 ?DO 9800076/NMSS 9800194 RGordon/RF IMNS/ Central NRC Central File MBridgers EDO r/f CPoland JPiccone NMSS Files '
DACool SShankman PBrochman PHolahan CAbbott, CIO CGallagher, ADM LBRiani, ADM DMendiola, ADM Doc. Name: (o:\gunderse\part72-8\ pro.edo)(mf8/17)
To receive a copy ofifus doc, indicate in the bor "C" = Copy without attachrnonvenclosure "E" e Copy with attachment / enclosure "N" = No copy See previous concurrences op/enoorso/auover se, sees OFFICE RGB:IMNS ] RGB:IMNS l TECH ED l D:SFPO l D:IMNS l NAME: GGundersen* PHolahan* EKraus WKane* FCombs*
DATE: 8 /14 /98 8 /14 /98 / /98 8 /14 /98 8 /14/98 m g i ammmmmmmmmmas gllllll - Hislig ==.= :=. ings!! gingegliggilegg glisil!!i OFFICE: RDB:ADM l OClO OGC D:OE CFO NAME: Dmeyer memo BShelton memo Jgray no legal Jlieberman Jfunches e-mail objection memo DATE: 8/ 3 /98 8 /13 /98 7 / 23 /98 7 /24 /98 7 / 31 /98
- g g =:. = t c . .: = !aggs ammunggigganig giiiig r===- r-- gl i OFFICE: D:NRR l D:NMSS l DEDR EDO -
NAME: Scollins memo *CJPaperiello HThompson LJCallan DATE: 8/ 10 /98 8 / 20/98 / /98 / /98 OFFICIAL RECORD COPY 12 1
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puru g g 'k UNITED STATES s
j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2056 %0001
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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. Chairma 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.
l 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 i
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 Register notice cc: Senator Bob Graham l
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pnth p h UNITED STATES l
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20566 @ 01 4
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l l The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce l 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 instaliation be submitted to NRC at least 30 days before the receipt of spent fuel or j high-level radioactive waste. Experience has shown that the NRC staff does not need the j reporting or the holding period becaun 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 Egqitter notica cc: Representative Ralph Hall I
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The Honorable Dan Schaefer, Chairman '
Subcommittee on Enetgy 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.
l Sincerely, f
i Dennis K. Rathbun, Director l Office of Congressional Affairs
Enclosure:
Federal Register notice I
cc: Representative Ralph Hall l
Distribution:
L RGordon\RF IMNSS\CentralFile NMSS R\F NRC Central File PHolahan
! CPoland ( ) MBridgers (EDO-Wits- ).LBRianiWDM CGallagher%DM i
DMendiola%DM l Identical letter sont to the Honorable James M. Inhofe
' DOCUMENT NAME: [O:\Gunderson\part72 8\propos. con) ;
i To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with ettachment/ enclosure "N' a No copy -
- See previous concurrences OFFICE RGB\lMNS l RAGilMNS l D:IMNS l D:NMSSjf OCA l l NAME GGundersen* JPiccone* FCombs* CJPadd#ello//L- DKRathbun DATE 8 /14 /98 8 /14/98 8 /14 /98 7 / 1 0/98 ' / /98 OFFICIAL RECORD COPY t
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l The Honorable Dan Schaefer, Chairman I l Subcommittee on Energy and Power L Committee on Commerce
- ~ United States House of Representatives Washington, DC 20515 l
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 pic-;-:::j 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 staffis 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:
Enderal Register notice cc: Representative Ralph Hall Distnbution-RGordon\RF IMNSS\CentralFile NMSS R\F NRC Central File PHolahan l CPoland ( ) MBridgers (EDO-Wits- ) LBRianiWDM CGallagher%DM DMendiola%DM Identical letter sent to the Honorable Jame.s M. Inhofe DOCUMENT NAME: [O:\Gundersen\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* = N3 copy
- See previous concurrences OFFICE RGB\lMNS - l RAG \lMNS l D:IMNS l D:NMSSjf OCA l l NAME GGundersen* JPiccone* FCombs* CJP M DKRathbun DATE- 8 /14 /98 8 / 14 /98 8 /14 /98 F/10/98 ' / /98 OFFICIAL RECORD COPY t
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~ The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Was ington, DC 20515
Dear M . Chairman:
The U.S. N lear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publicatio he encbsed proposed amendment to the Commission's rule in 10 CFR Part 72.
The proposed , if r>romulgated, would eliminate the requirement that a report of the preoperational tes ' of an independent spent fuel storage installation or monitored retrievable storage installation ' ubmitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioac'Jve te. Experience has shown that the NRC staff does not need the report or the holding peri because the NRC staff is on site and evaluates preoperational testing as it occurs.
The Commission is issuing the p osed rule for public comment.
Sincerely, Denni . Rathbun, Director l Office of ongressional Affairs
Enclosure:
Federal Register notice l
cc: Representative Ralph Hall Distribution:
RGordon\RF IMNSS\ Central File NMSS R\F NRC Central File PHol n CPoland ( ) MBridgers (EDO-Wits- ) LBRiani%DM CGallagher%D DMendiola%DM Identical letter sent to the Honorable James M. Inhofe l DOCU. TENT NAME: [O:\G u ndersen\pa rt72_8\propos. con)
! T@ 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 l OFFICE RGB\lMNS l FlApWNS l DMS l D.NMSS OCA l l NAME GGundersenf & J)FxErie F4ori$h MKnapp DKRathbun DATE Y / N/98 d/)?/98 Q OM8, / /98 / /98 OFFICIAL RECORD COPY L
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ENCLOSURE 3 WEEKLY REPORT TO THE COMMISSION
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l WEEKLY REPORT TO THE COMMISSION i OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
- Prooosed Rule to be Sioned by EDO
' On 1998, the Executive Director for Operations approved a proposed rule that would eliminate the requirement that a report of the preoperational test 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. This ;
amendment will eliminate an unnecessary regulatory burden on licensees. l This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this proposed rule for publication in the Federal Register, j
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l ENCLOSURE 4 APPROVAL FOR PUBLICATION
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I Anoroved for Publication The Commission has delegated to the EDO (10 CFR 1.31(c)) the authority to develop and i
l 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 i for Operations," paragraphs 0213,038,03g, and 0310.
The attached proposed 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 proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concoming matters of policy. I there find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
Date L. Joseph Callan, Executive Director for Operations.
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ENCLOSURE 5 PRESS RELEASE
Stg g:Wp61oad.wpd 8/6/98-1:45 p.m.
DRAFT PRESS RELEASE NRC PROPOSES TO DELETE REPORTING REQUIREMENT ON LOADING OF SPENT NUCLEAR FUEL STORAGE INSTALLATIONS The Nuclear Regulatory Commission is considering amending its regulations to I
eliminate what has been determined to be an unnecessary reporting requirement related
, to the leading 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. TI'e 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 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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Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff. Comments may also be submitted electronically via the NRC's interactive rulemaking web site at http://www.nrc.aov/NRC/ rule.html.
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