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UNITED STATES g NUCLEAR REGULATORY COMMISSION o '# WASHINGTON, D.c. 20555-0001
% July 20, 1998 MEMORANDUM TO: Jesse L. Funches Chief Financial Officer Samuel J. Collins. Director Office of Nuclear Reactor Regulation Brenda Jo. Shelton, Chief I 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 Office of Enforcement David L. Meyer, Chief Rules and Directives Branen Division of Administrative Services Office of Administration s s'
FROM: Frederick C. Combs,. Acting Director Division of Industrial and Medical Nucleap8afety ^-
Office of Nuclear Material Safety and Safeguards SUB'J ECT: PROPOSED 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 concurrence is requested on the attached proposed 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 l that the NRC staff does not need the report or the holding period because the NRC staff is on l site and evaluates preoperational testing as it occurs. This amendment, the removal of I
CONTACTS: Gordon Gundersen, NMSS, IMNS l (301)415-6195 Philip Brochman, NMSS, SFPO (301) 415-8592 9910010104 990924 PDR PR l 72, 64FR17510 PDR L
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!' -J. Funches et al 2 10 CFR 72.82(e). will eliminate an unnecessary reguratory burden on licensees and implements the SRM to SECY-98-056. which transmitted the rulemaking plan for this proposed rule to the Commission.
The following is a summary of this request:
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- 1. .Tjfjg " 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 Grplip: P. Brochman. NMSS/SFPO 415-8592 N. Jensen, OGC 415-1637
- 4. Steerina Grouo: No 5, Enhanced Public Particioation: No 1
- 6. Compatibility for AgreemenLStates: No
- 7. Reauested Actip$ Office Concurrence
- 8. Reauested ComoletLQD 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 August 3rd.
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 FTEs 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, and IG for information.
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Attachment:
Memorandum from M Knapp to L. Joseph Callan w/encis.
l l cc w/encI : H. T. Bell, OlG J. Larkins, ACRS & ACNW H. Miller, Region I/ ORA L. Reyes, Region ll/ ORA C. Paperiello, Region Ill/ ORA E. Merschoff, Region IV/ ORA D. Cool, NMSS M. Knapp NMSS I
[ J. Funchts et al 2 8845'2- l
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July 20, 1998 MI 10 CFR 72.82('e), will eliminate an unnecessary regulatory burden on licensees and l " implements the SRM to SECY-98-056 which transmitted the rulemaking plan for this proposed I
rule to the Commission.
l The following is a summary of this request.
- 1. Ijilg " 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. Workino Grouo: P. Brochman, NMSS/SFPO - 415-8592 N. Jensen, OGC- 415-1637 4 Steerino Grouo: No
- 5. Enhanced Public Particioation: No-
- 6. 'Comoatibility for Aoreement Staler No
- 7. Requested Action: Office Concurrence l
- 8. Requested Comoletion Datt Twenty calendar days after date of this memorandum. To l meet the EDO due date a meeting will be tentatively scheduled for the week of August 3rd.
This me eting will be to discuss and resolve any issues and concerns that are delaying concurrsnce. Please plan having an individual who can concur for your Office available for this m<seting.
- 9. Resources and Coordinationi it is anticipated that 0.4 NRC FTEs will be needed to !
complete this action (0 2 NMSS, and 0.2 all other). These resources are within existing l budget allocations. Copies of this concurrence package have been forwarded to ACRS,
. ACNW, and IG for information.
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Attachment:
Memorandum from M. Knapp to L. Joseph Callan w/encls. l 1
- l. ec w/encis.: H. T. Bell, OlG C. Paperiello, Region Ill/ ORA J. Larkins, ACRS & ACNW E. Merschoff, Region IV/ ORA H. Miller, Region I/ ORA D. Cool, NMSS L. Reyes, Region ll/ ORA M. Knapp, NMSS Distribution:(0:\GUNDERSE\PART72 8\PROOFF. CON) l RGordon/RF <
l DMondiota IMNs/ Central File NMSs R/F l- CPoland NMss Ticket No. 980194 NRC Central File NJensen PHolahan MBridgers EDo No. WITS # 980076 *see previous concurrence OFFICE: NMSS/IMM NMSS/IMMS, NMSS/SfiN,0 . NMbk l MAME: *PHolah WKa FCobb DATEi h/ h98 7/13/98 h/ 8 - ) /Y/98 gg ac c*r* *
- ocMRD COPY NMSS FILE CODE NO.:--
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MEMORANDUM TO CALLAN FROM KNAPP W/ENCLS l
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% UNITED STATES I
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' 4" NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055fM001 go
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MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM: Malcom R. Knapp, Acting Director Office of Nuclear Material Safety and Safeguards SUBJECT; PROPOSED 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) l Attached for your signature is a proposed 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: The rulemaking plan for this proposed rule was transmitted to the Commission by SECY-98-056 on March 24,1998. On April 27,1998, a Staff Requirements Memorandum was issued directing the NRC staff to implement the rulemaking plan.
Noices: The appropriate Congressional committees will be notified (Enclosure 2). 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 3).
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 a'nd disk
- 2. Congressional Letters
] 3. Weekly Report to the Commission
- 4. Approval for Publication
- 5. Press Release CONTACTS: Gordon Gundersen, NMSS, IMNS (301) 415-6195 Philip Brochman, NMSS, SFPO (301) 4315-8592 l
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MEMORANDUM TO: L. Jos::ph Callan Executive Director for Operations 1
FROM: Malcom R. Knapp, Acting Director Office of Nuclear Matenal Safety and Safeguards l
SUBJECT:
PROPOSED 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 proposed rule (Enclosure 1), to be published in the Federal Reoister, that eliminates a reporting rer'uirement 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.
Background:
The rulemaking plan for this proposed rule was transmitted to the Commission by SECY-98-056 on March 24,1998. On April 27,1998, a Staff Reauirements Memorandum was issued directing the NRC staff to implement the rulemaking plan.
MQtices: The appropriate Congressional committees will be notified (Enclosure 2). A notice to the Commission that the Executive Director for Operations has signed the enclosed Federal Register notice is attached for inclusion in the "Ws ekly Report to ine Commission" (Enclosure 3).
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. Federel Register Notice of Proposad Rulemaking and disk
- 2. Congressional Letters
- 3. Weekly Report to the Commission
- 4. Approval for Publication
- 5. Press Release Distribution: (o:\gunderse\part72-8\ pro.edo)
For distribution see next page.
To receive a copy of this document. indicate in the box: "C"
- Copy without attachment / enclosure "E" a Copy with attachmenvenclosure "N" a No copy OFFICE RGB:lMNS , l_ l HGB.lMNS l l TECH _ ED l l D.SF g G j / l _l D-lMNS:NMSS l NAME: GGunderson / ff PHolahan l IKraus WKa'nk f() f FCombs l #/)) 198 V DATE: 7 f / / 198 1 19 8 l t 19 8 f l98 OFFICE: RDB:ADM l OClO l OGC l D OE l l CFO l NAME: DMeyer BShelton JGray JLieberman JFunches DATE: i 198 i 19 8 1 198 8 19 8 l 19 8 OmcE: u wSs 1 DEDR l EDO 1 l l NAME: MKnapp H1hompson LJCallan DATE: 1 19 8 7 19 8 A 19 8 OFFICIAL RECORD COPY (NMss File Code)
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RGordon/RF IMNS/ Central NRC Central File CPoland (for tickets only)
JPiccone NMSS Files DACool SShankman PBrochman PHolahan CGallaigher, ADM LBRiani, ADM DMendiola, ADM b
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Enclosures:
- 1. Federal Register Notice of Proposed Rulemaking and disk
- 2. Congressional Letters
- 3. Weekly Report to the Cornmission
- 4. Approval for Publication
- 5. Press Release DISTRIBUTION: (0:\gunderse\part72-8\ pro.edo)
MKnapp JPiccone CPoland NMSS Files DACool SShankman PBrochman PHolahan GGundersen CGallagher, ADM LBRiani, ADM DMendiola, ADM OFFICE: NMSS/IMNS NMSS/IMNS Tech Editor NMSS/SFPO NMSS RRDB/ADM NAME: GGundersen /f kh$labd- EKraus WKane FCombs DMeyer DATE: ') / */ /98 ? /! A8 / /98 / /98 / /98 / /98 OFFICE: OCIO OGC D/OE CFO NAME: BJShelton JGray JLieberman JFunches l I
DATE: / /98 / /98 / /98 / /92 l OFFICE: D/NMSS DEDR EDO NAME: MKnapp HThompson LJCallan DATE: / /98 / /98 / /98 ,
OFFICIAL RECORD COPY NMSS FILE CODE NO.: -----
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ENCLOSURE 1 FEDERAL REGISTER NOTICE OF PROPOSED RULEMAKING
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-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.
1 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 is on site and evaluates preoperational testing as .it occurs. This amendment will eliminate an unnecessary regulatory impact on licensees.
4 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
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Federal workdays.
l You may also provide comments via the NRC's interactive rulemaking web site through the NRC home page (http://www.nre 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, DC. These same documents also may be viewed and downloaded electroni; ally via the interactive rulemaking website established by NRC for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Gordon Gundersen. Office of Nuclear Material i
i Safety and Safeguards. U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6195, e-mail gegi@nrc gov.
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, . SUPPLEMENTARY INFORMATION:-
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l , Background i
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Title 10 CFR 72.82(e) requires licensees to submit 'to the NRC a report of the preoperational test acceptance enteria 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 the 30-day period is to establish a sufficient hold point to assure that the NRC has sufficient time to inspect a new licensee's prepa' rations and, if necessary, exercise its regulatory authority before spent fuel is received at an ISFSI or spent fuel and HLW at an MRS. The licensee is not required to obtain NRC approval of the report prior to commencing loading operations.
Discussion The requirement for a preoperational test report and 30-day hold period was added to
~ the Part 72 regulations governing licensing requirements for ISFSis and an MRS at the time they were first established in 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 mi.intain 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 test results and has not needed either a preoperational test report or a 30-day hold period in 3
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order to complete its inspection activities and determine whether any further regulatory action is needed before the licensee begins to load spent fuel or HLW.
The NRC inspection program now in place (i e fnspection Manual Chapter 2690 and Inspection Procedures 60854 nd 60855) assures that NRC staff will both review licenMe normal, abnormal, and emergency operating procedures.(including loading and unloading procedures), as well as observe implementation of those procedures during preoperational testing. Consequently, the NRC staff will be in a position to ensure that the licensee has resolved any problems prior to loading spent fuel into the ISFSt. Insofar as this regulation also 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. Additionbl!y generallicensees are required by @ 72.212(b)(1)(i) to notify the NRC at l> ast 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 fuel loading 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 least 90 days before spent fuel loading begins.
, Staff's experience has also been that the 30-day hold established by 9 72.82(e) creates i i a potentially significant financial burden for licensees because, during the 30-day period, the I
licensee can perform no loading activities even though the licensee is ready to load spent fuel j 1
l 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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! preclude the need for exemption requests and would enable the licensee to use the crew l
assembled for fuel transfer while the lessons of preoperational testing are fresh in their minds and will contnbute 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 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.
l Paperwork Reduction Act Statement l The estimated burden reduction resulting from ehmination of the report on the preoperational test acceptance enteria and test results is two hours annually. This is a small l fraction of the 21,454 information collection burden hours in the current OMB Part 72 clearance. Existing requirements wcq approved under OMB centrol number 3150-0132.
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t l Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC rnay 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 before the receipt of spent fuel or HLW on the grounds that NRC's inspection program ensures that 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
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 1;censees resulting 4
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 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 @ 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
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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 and 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 penod 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 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 in regulations issued by the Small Business Administration at 13 CFR Part 121 Backfit Analysis The NRC has determined that the backfit rule,10 CFR 72.62, does not apply to this rule, because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this proposed rule.
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9 Criminal Penalties l
For the purpose of Section 223 of the Atomic Energy Act (AEA), the Commission is issuing the proposed rule to amend 10 CFR Part 72 5 72 82, under one or more of @ 161b, 161i, or 161o of the AEA. Willful violations of this rule would be subject to cominal enforcement.
Compatibility of Agreement State Regulations l t
Under the " Policy Statement on Adequacy and Compatibility of Agreement State Programs," approved by the Cornmission on June 30.1997, and published in the Federal Reaister (62 FR 46517, Septemtier 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, and 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 administrative 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.
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For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954. as amended, the Energy Reorganizatior 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, secs.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 U.S.C. 4332), secs.131,132.133.135,137,141, Puo. L.97-425. 96 Stat ?229,2230,2232, 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 (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 4 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. 220'2 ,2203,2204,2222,2224 (42 U.S.C.10101,10137(a),
10161(h)).' Subparts I u.d L are also issued under sec.133,98 Stat. 2230 (42 U.S.C.10153) l 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).
1 Dated at Rockville, Maryland this day of 1998.
For the Nuclear Regulatory Commission.
L. Joseph Callan, Executive Director for Operations.
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ENCLOSURE 2 l l
CONGRESSIONAL LETTERS i
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P uog p ,' lt UNITED STATES .
'j i* NUCLEAR REGULATORY COMMISSION o
- WASHINGTON, D.C. 2055W1
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...* 6 The Honorable Dan Schaefer. 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 proposed amendment to the Comission's rule in 10 CFR Part 72.
The proposed rule, if promulgated, would eliminate the requiremei,;
- hat a report of the preoperational testing of an independent spent fuel storage installation u, monitored retrievable storage installation be submitted to the NRC at least 30 days before the reces, t of spent fuel or high-level radioactive waste, Experience has shown that the NRC staff does F ot 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.
l j Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register notice cc: Representative Ralph Hall - *
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[ The . Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce
' United States House of Representatives
. Washington, DC 20515 i
Dear Mr. Chairman:
The U.Sl 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 l
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 Cornmission is issuing the proposed rule for public comment.
Sincerely, Dennis K. Rathbun, Directot Office of Congressional Affairs
Enclosure:
Federal Register notice i
( cc: Representative Ralph Hall Distribution:
RGordon\RF IMNSS\ Central File NMSS R\F NRC Central File PHolahan CPoland ( ) MBridgers (EDO-Wits- ) LBRiani%DM CGallagher%DM l - DMendiola%DM l Identical letter sent to the Honorable James M. Inhofe DOCUMENT NAME: [O:\G u n de rse n\ pa rt72_8\p ro pos,c o n)
To rective 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 j- OFFICE RGB\lMNS , ,l RAG \lMNS l D-lMNS l D NMSS l OCA l l NAME GOundersen 4f/ JPiccone FCombs MKnapp DKRathbun DATE ? ////98 / /98 / /98 / /98 / /98 i OFFICIAL RECORD COPY L
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$ MCO p*' 0a UNITED STATES
'! :8 NUCLEAR REGULATORY COMMISSION
'*i g #j. wassiNoTon, o.c 2cssmi
%, ' , y 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 Jt 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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ENCLOSURE 3 l
WEEKLY REPORT TO THE COMMISSION 1
WEEKLY REPORT TO THE COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Erpppsed Rule to be Signed _bylDQ 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 unnecessary 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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ENCLOSURE 4 APPROVAL FOR PUBLICATION l
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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 NRC Management Directive 917. " Organization and Functions. Office of the Executive Director for Operations," paragraphs 0213. 038. 039, and 0310.
The attached proposed rule entitled ' Elimination of Reporting Requirement and 30-day Hold in Loading Spent Fuel after Preoperational Testing of incependent 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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I ENCLOSURE 5 PRESS RELEASE
'to be supplied by OPA}
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