ML20212H683
| ML20212H683 | |
| Person / Time | |
|---|---|
| Issue date: | 09/02/1997 |
| From: | Knapp M NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Collins S, Funches J, Paperiello C NRC (Affiliation Not Assigned), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE CONTROLLER |
| Shared Package | |
| ML20212H254 | List:
|
| References | |
| FRN-64FR17510, RULE-PR-72 AG02-2-040, NUDOCS 9910010299 | |
| Download: ML20212H683 (13) | |
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UNITED STATES i- 3 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
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MEMORANDUM T0: Carl J. Paperiello, Director
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Office of Nuclear Material Safety ;
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and Safeguards 7
Samuel J. Collins, Director I
Office of Nuclear Reactor Regulation gj4 IP[y James Lieberman, Director 7 Office of Enforcement Jesse L Funches Chief Financial Officer Anthony J. Galante Chief Information Of ficer Brenda Jo. Shelton, Chief Information and Records Management Branch Office of Information Resources Management William J. Olmstead, Associate General Counsel for Licensing and Regulation
. Office of the General Counsel ffice N la h
SUBJECT:
APPROVAL OF flVLEMAKING PLAN: REDUCTION OF 30-0AY 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 Commission paper transmitting a Rulemaking Plan revising 10 CFR 72.82(e) by replacing a requirement to submit a report on preoperational test at:ceptance criteria and results with a notice of intent to conduct preoperational testing and a notice of intent to load spent fuel or high-level waste. The 30-day hold after preoperationaltesting is reduced to 5 days. Also, the directors of the program offices should obtain input from the Regions on this rulemaking plan if appropriate.
By memorandum dated March 15,1996, the Spent Fuel Project Office, hMSS, requested the proposed revision. The Staff Requirements Memorandum dated October 9,1996 to SECY 96176, stated that rulemaking should proceed to l shorten or eliminate the 30-day hold.
9910010299 990924 PDR FR l 72 64FR17510 PDR pd Iq
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e C. J. Paperiego et al - 2. Ii The following is a summary of this request:
1.' -. Iitlg: Rulemaking plan: Reduction of 30 day hold in loading spent fuel after preoperational testing of -
independent spent fuelstorage_pr monitored retrievable storage instsNations,10 CFR 72.82(e).
- 2. Task Leslee-6.-E.11iiiissen. RESMA. .415 6195
- 3. Workino Grovo: F. Brechman, NMSS '
N. Jensen, 06C
- 4. Steerino Grous: No
- 5. Enhanced Public Particination:' No
- 6. Compatibdity for Aarsoment States: No
- 7. Reevested Completion Date: Two weeks from date of this memorandum.
- 8. Renuested Acten: Office Concurrence i
- 9. Resou,ces and Coor^-tian- it is anticipated that 0.4 NRC FTE: wil be needed to complete this action (0.1 i
RES,0.1 NMSS,0.1 OGC and 0.1 al other). These resources are within existing budget allocations. Copies j of this concurrence package have been forwarded by internal mar to the Chief Financial Officer, ACRS, '
ACNW, and IG for information.
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Attachment:
i Commission Paper wienct
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- H. T. ben, OlG D. Meyer, ADM J. Larkins, ACRS & ACNW I H. Miller, Region 110RA L Reyes, Region Ill0RA A. Beach, Region Ill/0RA E. W. Marshcoff, Region IVl0RA 1
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COMMISSION PAPER I
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FOR: , The Commissioners FROM: L. Joseph Callan Executive Director for Operations i
SUBJECT:
RULEMAKING PLAN: REDUCTION OF 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT FUEL !
STORAGE OR MONITORED RETRIEVABLE STORAGE INSTALLATIONS PURPOSE:
To' inform the Commission that the EDO intends to ' sign the enclosed Rulemaking Plan to amend 10 CFR 72.82(e).
ISSUE:
Section 72.82(e) has a 30-day hold time after preoperational testing of an independent spent fuel storage , installation (ISFSI) or monitored retrievable storage installation (MRS)
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j before spent fuel or high-level waste can be loaded into a dry storage cask. This hold-time is unnecessary as the NRC staff is on site and evaluating preoperational testing in real time. Also, requests for exemptions to shorten this time have been received and granted by the NRC.
DISCUSSION:
By a memorandum dated March 15,1996, NMSS requested that 10 CFR 72.82(e) be 1 amended to make the submittal of a report detailing preoperational test acceptance criteria !
l and test results optional at the discretion of the Regional Administrator or Director, NMSS.
l This proposed rulemaking was briefly described in the Rulemaking Activity Plan (SECY l 176 (August 8,1996), Attachment 2, p.36). The Commission, in its October 9,1996 Staff Requirements Memorandum on SECY-96-176, stated that it did not object to moving CONTACT:
'Gordon Gondersen, WMB/DRA/RES (301) 415-6195
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- The Commissioners 2 l
l forward with this rulemaking but noted "that continued vigilance is needed in the development of staff and industry guidance in the area of dry cask storage. Specific emphasis should be placed on assuring that loading and unloadi6g procedures for both normal and abnormal occurrences are in place and appropriate." In January 1997, NMSS published NUREG-1567, " Standard Review Plan for Dry Cask Storage Systems." This document implicitly requires loading and unloading procedures. Inspection Procedure 608,54, "Prooperational Testing of an ISFSI" explicitly addresses ioading and unloading procedures.
. This rulem'aking reduces the 30-day hold to 5 days which should be enough time to enable the NRC to take action to prevent fuelloading in any case where the NRC has unresolved concerns. The report of preoperational test acceptance criteria and test results will be replaced with a notice of intent to load spent fuel or high-level waste. Tne NRC staff is already on site evaluating the test criteria and test results in real time, therefore, the report serves no additional purpose to the NRC.
As a result of this action, the general public will no longer be able to access the data and information now available in the report on the preoperational test acceptance criteria and test results which is submitted by licensees to the NRC and placed in the NRC Public Document Room and local public document room. This action will deprive the public of .
information of a significant new activity on the site. However, under this action, the licensee is being required to submit a written notice of intent to conduct preoperation testing at least 5 days prior to the testing. In addition, this action will reduce the burden on licensees by eliminating the need to submit a report that is not used by the NRC staff.
COORDINATION:
, g h (c .//q The Office of the General Counsel h legal objection to this Rulemaking Plan. The Ojfjpe cial Officer 7:n:=: :ht ;;,... ...;l h ne resource impacts 50; 9 d/E-t..er: _g Cgii egi %e Sjet. The Office of the Chief Information Officer concurs
- that there will be no information technology or management impacts.
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The Commissioners 3 l
. RECOMMENDATION:
Note that it is'my intention to approve the Rulemaking Plan within 10 days from the date of this paper.
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. L. Joseph Callan
- l. Executive Director i for Operations j
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Enclosure:
i- Rulemaking Plan l
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i RULEMAKING PLAN
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l RULEMAKING PLAN REDUCTION OF 30 DAY HOLD IN LOADING SPU2T F8]EL AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE j STORAGE INST.'4 LLATIONS '
10 CFR PART,72 l
Lead Office: Office of Nuclear Regulatory Research Staff
Contact:
Gordon Gundersen, WMB/DRA/RES i
Concurrences:
M. R. Knapp, RES Date ;
C. Paperiello, NMSS Date J. Lieberaian, OE Date i ,
B. J. Shelton, IRM Date
- 4. Funches, CFO Y
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l' A. J. Galante, CIO Date W. J. Olmstead, OGC Date Approval:
L. Joseph Callan, EDO Date
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l 8/14/97 Rulemaking Plan 1
Response to NMSS Request for Rulemaking i 10 CFR Part 72 l
l Reduction of 30-day Hold in Loading Spent Fuel l After Preoperational Testing of Independent Spent Fuel Storage or i +
Monitored Retrievable Storage Installations ;
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Regulatory issue i Section 72.82(e) requires licensees to submit to the NRC a report of the preoperational acceptance criteria and test results at least 30 days before the receipt of spent fuel or high-level l waste for loading into an Independent Spent Fuel Storage Installation (ISFSI) or Monitored I l Retrievable Storage Installation (MRS). The 30-day period was established, when section l l 72.82(e) was written, to allow the NRC staff time to review the report of the preoperational i acceptance criteria and test results prior to loading. The licensee is not required to obtain NRC approval of the report. The 30-day hold established by this requirement creates a potentially i
significant financial burden for licensees because, during the 30-day period, the licensee can I perform no loading activities even though the licensee is ready to load spent fuel or high-level l waste.
l l In the past, the NRC staff has resolved this problem by granting requests from licensees for an l exemption from the 30-day peri od in 10 CFR 72.82(e), in granting these exemptions, the NRC staff has determined that a 30-day period was not needed for review of the licensee's report of preoperational test accaptance criteria and test results. This is because the NRC has an extensive oversight presence during the preoperational testing phase of ISFSis, reviewing tha acceptance criteria and test results in real time. The staff anticipates that if 10 CFR 72.82(e) is not amended, additional exemptions will be granted in the future. Routine granting of l exemptions should be avoided in the regulatory process.
Existing Regulatory Framework Currently 10 CFR 72.82(e) reads as follows: "A report of the preoperational test acceptance criteria and test results must be submitted to the appropriate Regional Office specified in appendix A of part 73 of this chapter with a copy to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555, at least 30 days before the receipt of spent fuel or high-level waste."
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l How the Regulatory Problem Will be Addressed.By Rulemaking An unnecessary reporting requirement and holding period requirement will be removed and replaced with a notice of intent submitted five days before preoperational testing and a notice of intent submitted five days before loading spent fuel or high-level waste by appropriately amending the regulations.
Rulemaking Options Option 1 - Revise 10 CFR 72.82(e) to eliminate the requirement to submit the report of the preoperational test acceptance criteria and test results, replacing the report with a notice of intent to conduct preoperational tests and a notice of intent to load spent fuel or high-level waste, and also eliminating the 30-day hold period. The two notices of intent would have to be submitted 5 days before the start of the activity.
Option 2 - Revise 10 CFR 72.82(e) to reduce the 30-day hold to 5 days.
. Option 3 - No action.
Impacts on Licensees Option 1 - The licensee has a 30-day hold after preoperational testing eliminated and no longer has to submit to the NRC a report of preoperational testing. However, the licensee will have to submit a notice of intent prior to preoperations! testing and a notice of intent prior to loading spent fuel or high-level waste. The two notices would have to be submitted 5 days before the start of the activity. Based on a review of a sample of reports submitted by licensees, there is minimal impact, if any at all, on licensees because' the report is replaced with two notices of intent. Eliminating the 30-day hold has no impact because licensees have received exemptions when requested.
Option 2 - The licensee has a 30-day hold after preoperational testing reduced to 5 days. Reducing the 30-day hold to 5 days has no impact because licensees have received exemptions when requested.
Option 3 - The licensee has a 30-day hold and would still be required to produce a report that is not used by the staff.
Benefit Option 1 - The licensee will no longer have to submit a report not needed by NMSS or the Regions and the licensee will not have to wait 30 days before loading spent feel or 2
high-level waste. The written notice of intent to conduct preoperational testing will enable the NRC to have inspectors on site to witness the testing. The written notice of intent to load spent fuel or high-level waste will enable the NRC to review preoperational acceptance criteria and test data, if the NRC was not on site during this activity, and take action to prevent fuelloading in any case where the NRC has unresolved concerns.
3 The notice also allows the NRC to witness the actual fuel loading process, if necessary. '
With only a 5-day notice period, the licensee can keep the loading crew on site, and the ,
actual loading will be performed by the crew with preoperational testing still fresh in their '
minds. Also, this change would provide hurden relief for both licensees and the staff because requests for exemptions would not be necessary.
1 Opt (on 2 - The licensee has a 30-day hold after preoperational testing reduced to 5 (
days. With only a 5-day hold period, the licensee can keep the loading crew on site, l and the actual loading will be performed by the ::rew with preoperational testing still fresh in their minds. The public will still have access to the report of the preoperational acceptance criteria and test results by means of the NRC PDR system. Similar to Option 1, this would provide burden relief for licensees and staff because requests for '
exemptions would not be necessary.
Option 3 - Staff resources are conserved in the short-term because no rulemaking will be developed and promulgated. The public will still have access to the report of the preoperational acceptance criteria and test results by means of the NRC PDR system.
Preferred Options The recommended action is to adopt the first option because it eliminates the submittal of a report not needed by the NRC and reduces the 30-day hold period to a 5 day notice period.
The report is replaced by two notices of intent submitted five days before; 1) preoperational testing, and 2) loading spent fuel or high-level waste. This can be done because the NRC usually has an extensive oversight presence during the preoperational" sting phase of ISFSis, reviewing the acceptance criteria and test results in real time. The 5 omys gives the NRC staff j time to review the preoperational test results, and take any indicated required regulatory actions l against the licensee to prevent spent fuel or high-level waste loading if that should be l necessary. For example, if the NRC on site inspectors have questions about welding procedures and technique, the five days provides time for review of the procedures and j technique by other NRC staff and the issuance of a regulatory action if needed. The notice can 1 be issued before the initiation of spent fuel loading so there could be no actual interruption in operations, if justified. However, the public will not continue to have access to the report on preoperational'sst acceptance criteria and test results because it will no longer be produced ,
and submitted to the NRC.
To implement the recommended option, it is proposed that 10 CFR 72.82(e) be revised, with !
now wording in italics and deleted words struck out, to read as follows: "A report notice of the intent to conduct preoperational t;;; ses;ptene; edted; and t;;; resu",; testing must be submitted at least 5 days before the conduct of the tests and a notice ofintent to load spent fuel 1 or high-level waste must be submitted to least 5 days before the receipt of spent fuel or high-3 l
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, l Lvel waste to the appropriate Regional Office specified in Appendix A of Part 73 of this chapter
- u th a copy to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Rquiatory Commission, Washington, DC 20555-0001, ct lcc;t 30 dcy; prior to the rcccipt of opt. 71 fuc! cr h4h lcyc: vec;tc." .
It is reammended that this rulemaking follow the standard two step process of proposed rule followe<1 by final rule. The change in the regulation substitutes two notices of intent for a report ;
and realaces a 30-day hold period with two submittals 5 days before the activity starts. This rulem aking will not result in any decrease in the oversight of licensee activities by the NRC or in
~ ~ 'the srfety oflicensee operations, l Office of General Counsel Legal Analysis OGC has no legal objection to this rulemaking.
Backfit Analysis A backfit analysis is not required because this proposed amendment does not impose more l stringent safety requirements on 10 CFR Part 50 licensees.
Agreement State implementation issues I
No known Agreement State problems exist.
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Major Rule '
This is not a major rule.
Supporting Documents Needed An OMB clearance may not be needed because the licensee burden of not preparing and submitting a report to the NRC may be offset by the two written notifications.
i Issuance by Executive Director for Operations or Commission RES and NMSS recommend EDO issuance.
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Resources Needed to Complete Rulemaking Resources to complete and implement the rulemaking sre included in The FY 1997 budget.
RES 0.1FTE NMSS 0.1FTE OGC 0.1FTE Other 0.1FTE No contractor support dollars are needed.
Staff Level Working Group Concurring Official RES G. Gundersen M. Knapp NMSS P. Brochman C. Paperiello NRR S. Collins OGC N. Jensen W. Olmstead .
Management Steering Group A steering group is not required for this rulemaking.
Public Participation I Enhanced public participation is not needed in this simple rulemaking. This rulemaking plan will
- i. be placed on the rulemaking interactive website following EDO review and approval.
l Schedule Proposed Rule to EDO... ... . 3 months after approval of rulemaking plan.
Final Rule tn EDO................. 9 months after approval of rulemaking plan.
Document name: O:\gunderse\part72-8\ plan 7.wpd 5 ,