ML20212H374
| ML20212H374 | |
| Person / Time | |
|---|---|
| Issue date: | 08/03/1998 |
| From: | Veronica Wilson NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Combs F NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20212H254 | List:
|
| References | |
| FRN-64FR17510, RULE-PR-72 AG02-2-018, NUDOCS 9910010088 | |
| Download: ML20212H374 (16) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-0001 fud&
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}{} 2 August 3, 1998 [g/f i MEMORANDUM TO: Frederick C. Combs, Acting Director Division of Industrial and Medical Nuclear Safety Offi e f Nu, clear Ma rial Safety and Safeguards
' FROM: ria Wil , i Division of Administrative Services l Office of Administration l
SUBJECT:
OFFICE CONCURRENCE ON PROPOSED RULE PACKAGE ENTITLED," ELIMINATION OF REPORTING REQUIREMENT AND 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT FUEL STORAGE OR l' MONITORED RETRIEVABLE STORAGE INSTALLATIONS" The Office of Administration concurs on the proposed rule that would amend Part 72.
We have attached a copy of the package that presents our comments.
When this document is forwarded for publication, please include a 3.5 inch diskette that contains i a copy of the document in Wordperfect as part of the transmittal package. The diskette will be forwarded to the OFR and the Govemment Printing Office for their use in typesetting the document, in order to assist you in preparing the list of documents centrally relevant to this final rule that is required by NRC's regulatory history procedures, you should place the designator "AG02-1"in the upper right-hand comer of each document conceming the final rule that you forward to the Nuclear Documents System.
If you have any questions, please contact David Meyer,415-7162 (DLM1), or Michael Harrison, 415-6865 (PMH), of the Office of Administration.
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Attachment:
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9910010088 990924 PDR PR 72 64F17510 PDR rv -
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[7590 01-P]-
i NUCLEAR REGULATORY COMMISSION iO CFR Part 72 RIN 3150 F[MINATION %/ R$PORTIN RdQUIREMEdTMp 30-Ddf HM/f LifADING Sp F L [Ei Pg56PERATIONAL Tf5TINb ($ iffDEPENDENk SM F65I. STORAGE k MhNITOREb R)!TiiiEVABLE S[dR GE l$fT S 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 tne 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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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 l ~
- 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 )
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 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 interactive rulemaking website established by NRC for this rulemaking.
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.
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l SUPPLEMENTARY INFORMATION:
Background
,e 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 high-level radioactive waste (HLW) for loading into an independent spent fuel storage installation (ISFSI) or monitored retrievable storage installation (MRS). The purpose of an
' the 30-day period is to establish a sufficient hold point to;rsqure that the NRC has sufficient time to inspect 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 b
required to obtain NRC approval of the report @Cph c commencing loading operations Discussion The requirement for a preoperational test repon and 30-day hold period was added to equir ments for ISFSis and an MRS at the time the Part 72 regulationgojv rning licensing [M A h e W it W l ON M lYHM A /
they c;;:af::::Ca%1980 (45 FR 74693), and before the NRC staff had any practical experience in licensing such facilities. However, in the intervening period, NRC's practice has been for the NRC staff to maintain an extensive oversight presence during the preoperational testing phase of ISFSis, reviewing the acceptance criteria, preoperational test. and test results as they occur. Thus, the NRC staff has had immediate access to the licensee's procedures and l
test results and has not needed either a preoperational test report or a 30-day hold period in 1 3
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L . order to complete its inspection activities and determine whether any further regulatory action
' is 'needed before the licensee begins to load spent fuel or HLW.
i The NRC inspection program now in place (i.e.. Inspection Manual Chapter 2690 and
' Inspection Procedures 60854 and 60855)
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ures tha NRC staff willWeviegicensee,$
normal, abnormal, and emergency operating procedures,(including loading and unloading
. procedures), as well as observe implementation of those procedures during preoperational L
- i. testing. Consequently, the NRC staff will be in a position to ensure that the licensee has.-
V Qyt, bleitoi14I*voh,Q'+kt resolved any problemspm5No loading spent fuel'into the ISFSI. mi = this regulation d 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 1
activities. Additionally enerallicensees are required by G 72.212(b)(1)(i) to notify the NRC at least 90 days before spent fuelloading begins. For site-specific licensees, the fact that a license has been issued serves as adequate notice to the NRC that spent fuelloading activities l
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'-a.c planned. Further, site-specific licensees are also required by 9 72.70(a) to submit a final i 1
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- safety analysis report to the Commission at least 90 days before spent fuel loading begins.
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l htaff's experience has also been that the 30-day hold established by @ 72.82(e) creates '
L i a potentially significant financial burden for licensees because, during the 30-day period, the licensee can perform no loading activities even though the licensee is ready to load spent fuel or HLW. This has resulted in several requests for exemptions by licensees and the need for the[
staff to expend time processing these requests. Tne elimination of this regulation would 4
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l 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 in their minds l
and will contnbute to the efficiency of operations by avoiding unnecessary idle time. The NRC staff observers of spent fuelloading will similarly benefit.
l Therefore, the Commission proposes to remove 10 CFR 72.82(e) from NRC's regulations because neither the report nor the 30-day hold period is needed for regulatory purposes and taking this action will relieve licensees from an unnecessary regulatory burden.
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 environmentalimpact statement nor an environmental assessment has been prepared for this proposed rule.
Paperwork Reduction Act Statement The estimated burden reduction resulting from elimination of the report on the preoperational test acceptance enteria and test results is two hcurs annually. This is a small fraction of the 21,454 information collection burden hours in the current OMB Part 72 clearance. Existing requirements were approved under OMB control number 3150-0132.
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Public Protection Notification if an information conection.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 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 befo.re the receipt of spent fuel or HLW on the grounds that NRC's inspection program f40 ensures thapRC 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 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 3kday waiting period following submittal of a report of the preoperational test criteria
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and test results to the NRC. During this period, the licensees can perform no loading activities even though the licer.see is ready to load spent fuel or HLW. This 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 5 72.82(e) and envisions that most future Part 72 licensees would also apply for exemption from this regulation. An impact of the proposed 6
9 s 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 fuegni, ese inspection reports will be available in the NR C Public Document Room system. The NRC 18 1 also considered the alternative of shortening ratner than eliminating the hold period but rejected this alternative because it would still retain a requirement not needed for regulatory purposes and thu would stillimpose an unnecessary regulatory burden on licensees.
Regulatory Flexibility Cedification 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 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 i
in regulations issued by the Small Business Administration at 13 CFR Part 121.
Backfit Analysis The NRC has determined that the backfit rule.10 CFR 72.62, does not apply to this rule, because this amendment does not involve any provisions that would impose bac'ets as defined in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this proposed rule.
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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 Pe 72g2.82. under one or more of s 161b, 161i, or 161o of the AEA. Willful violations of this rule would be subject to enminal enforcement.
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Compatibility of Agreement State Regulations Under the " Policy Statement on Adequacy and Compatibility of Agreement State i
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 ,
I 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 agp hough 4
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 administrative procedure laws, but does not confer regulatory authonty on the State. :
List of Subjects in 10 CFR Part 72 Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety l and health, Reporting and recordkeeping requirements, Securit; m6ssures, Spent fuel.
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f For the reasons set out in the preamble and under the authority of the Atomic Energy O V Act of 1954, as amended the Energy Reorganization Act of 1974, as amendedjand 5 U S.C. #
55[the NRC is proposing to adopt the following amendment to 10 CFR Part 72. V PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF l 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.hj[. 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
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U.S.C. 5841,5842, 5846); Pub. L.95-601, secj 10,92, Stat. 2951 as amended by Pub. L.
102-486, sec. 7902,106 Stat. 3123 (42 U S.C. 5851t sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332); secs.131,132,133.135.137,141, Puo. 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 72.44(g) also issued under sec.142 (o) and 148 (c), (d), Pub. L. 100-203,101 l Stat.1330-232,1330-23G (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),
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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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- 2. Section 72.82 is amended by removing paragraph (e).
Dated at Rockville, Maryland this day of 1998.
l For the Nuclear Regulatory Commission.
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L. Joseph Callan, Executive Director for Operations.
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= Oi UNITED STATES j
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The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power.
Committee on Commerce United States Hcuse of Representatives Washington, DC 20515
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Dear Mr Chairman:
The U.S. Nuclear Regulatory Commission (NRC) has sent to 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 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.
The Commission is issuing the proposed rule for public comment.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register notice I cc: Representative Ralph Hall l
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[ipareg$% UNITED STAT'N
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i 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 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 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.
The Commission is issuing the proposed rule for public comment.
Sincerely, Dennis K. Rathbu'n Director Office of Congressional Affairs
Enclosure:
Federal Register notice
-cc: Senator Bob Graham l
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! WEEKLY REPORT TO THE COMMISSION 4 i
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Proposed Rule to be Sign _Ad_by_ED_Q 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 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 unnecessan/ regulatory burden on licensees.
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 Reaister.
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- l Acoroved for Publication The Commission has delegated to the EDO (10 CFR '.31(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the limitations specified in i NRC Management Directive 9.17. Organization and Functions. Office of the Executive D: rector for Operations," paragraphs 0213. 038. 039. and 0310.
The attached proposed rule entitled '" Elimination of Reoorting Requirement and 30-day Hold in Loading Spent Fuel after Preoperational Testing of In::ependent 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 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 L. Joseph Callan.
Executive Director for Operations.
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