ML20212H695

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Informs of Concurrence on Reduction of 30-day Hold in Loading Spent Fuel
ML20212H695
Person / Time
Issue date: 09/05/1997
From: Summers B
NRC
To:
NRC
Shared Package
ML20212H254 List:
References
FRN-64FR17510, RULE-PR-72 AG02-2-041, NUDOCS 9910010304
Download: ML20212H695 (1)
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3 From: Betty Summers -

To: GEG1 h Date: 9/5/97 8:58am 3

Subject:

Rulemaking Reduction of 30-day hold in Loading Spent M Fuel 3

The Office of Enforcement concurs on the paper dated September 2.

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2 9910010304 99'W24 "4 PDR PR T 72 64FR17510 PDR W r b(

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/ p uroy'o . UNITED STATES 7 8 ,., NUCLEAR REGULATORY COMMISSION Cys: Taylor

. .- WASHINGTON, D.C. 20555-0001 Mi1hoan

! Thompson October 9, 1996 Blaha O****# Paperiello, NMSS l CFFICE OF THE Miraglia, NRR l SECRETARY Norry, ADM l Gian_a,RES MEMORANDUM TO: James M. Taylor -

Execut've Di ctor for Operations FROM: John.

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Secretary

SUBJECT:

STA F REQUIREMENTS - SECY-96-176 - PROPOSED RULEMAKING ACTIVITY PLAN This is to advise you that the Commission has not objected to the staff continuing with implementation of the Rulemaking Activity {

Plan as provided in Attachment 2 to the subject paper except as '

noted below. 9500048 While the commission does not object to moving forward with the rulemaking plan to shorten or eliminate the 30-day period in loading spent fuel after preoperational testing (RES-C3HP-10), it 1 was 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 unloading procedures for both normal and abnormal occurrences are in place and appropriate.

1 Since the Commission has approved the final rule changes to 10 CFR Part 30 involving, among other things, radiation therapy p cient confinement (SECY-96-100), the NRC should be in a l position to address PRM-20-24 without further delay. The staff l should modify the Proposed Rulemaking Activity Plan with regard to PRM-20-24 and proceed to act on that petition for rulemaking.

In regard to the dry cask storage issue, the staff should continue to provide extensive oversight presence during I preoperational testing to examine acceptance criteria and test results in real time.

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SECY NOTE: THIS SRM AND SECY-96-176 WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.

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.a l cc: Chairman Jackson Commissioner Rogers Commissioner'Dicus Commissioner Diaz Commissioner McGaffigan OGC OCA __

OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

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//)/Y C. J. Paperiello et al 2 ,

i The following is a summary of this request:

1. Tit _ht: Rulemaking plan: Reduction of 30-day hold in loading spent fuel after preoperational testing of tidependent spent fuel storage or monitored retrievable storage installations,10 CFR 72.82(e).
2. Is.;k leadeg G. E. Gundersen, RES/ ORA 415-6195
3. Workino Groun: P. Brochman, NMSS il Jensen, OGC
4. Steerino Group: No
5. Enhanced Public Participation: No
6. Comnatibility for Aoreement States: No
7. Raouested Completion Date: Two weeks from date of this memorandum.
8. Reouested Action: Office Concurrence
9. Resources and Coordination: It is anticipated that 0.4 NRC FTEs will be needed to complete this action (0.1 RES,0.1 NMSS,0.1 OGC and 0.1 all other). These resources are within existing budget allocations. Copies of this concurrence package have been forwarded by internal mail to the Chiaf Financial Officer, ACRS, ACNW, and IG for information.

Attachment:

Commission Paper wiencL cc wlenet.: H. T. Bell, OlG D. Meyer, ADM J. Larkins, ACRS & ACNW H. Miller, Region 110RA L. Reyes, Region Ill0RA A. Beach, Region illl0RA E. W. Marshcoff, Region IVIORA DISTRIBUTION:

Central fic NJansen APersinko WMB rif PNorian FCostanzi LRiani MLesar CGallagher ACThadeni, DEDE DMendiola DOCUMENT NAME:0:lGUNDERSElPART72410FFICE. CON 'See previous concurrences l To receive a copy of this document, inriicate in the box: "C" = Copy without attachmer*Jenclosure "E" = Copy with attachment / enclosure *N" = No copy l OFFICE WMB/DRA* WMB/DRA* DlDRA* DlRE}y j I

NAME r GGundereen 8 SBahadur JAMurphy MRfn(pp- _

! DATF 07/08/97 07111/97 07/15197 Opl2.497 ,

l OFFICIAL RECORD COP) (RES File Code) RES j i

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  • . Sto y *- t UNITED STATES
  1. a NUCLEAR REGULATORY COMMISSION If WASHINGTON, D.C. 20565 4001

%,*****$ September 2, 1997 MEMORANDUM T0: Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards Samuel J. Collins, Director Office of Nuclear Reactor Regulation James Lieberman, Director Office of Enforcement Jesse L Funches Chief Financial Officer Anthony J. Galante Chief Information Officer 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 cle !a h

SUBJECT:

APPROVAL OF RULEMAKING PLAN: REDUCTION OF 30 DAY HOLO IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE INSTALLATIONS Your concurrence is <equested on the attached Commission paper transmitting a Rulemaking Plan revising 10 CFR 72.82(e) by replacing a requirement to subrnit a report on preoperational test acceptance 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 af ter preoperational testing 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, NMSS, requested the proposed revision. The Staff Requirements Memorandum dated October 9,1996 to SECY 96176, stated that rulemaking should proceed to shorten or eliminate the 30-day hold.

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C. J. Paperiello et al 2 The following is a summary of this request:

1. Iitle: Rulemaking plan: Reduction of 30 day hold in loading spent fuel af ter preoperational testing of independent spent fuel storage or monitored retrievable storage installations,10 CFR 72.82(e).
2. Task leader: G. E. Gundersen, RESIORA 415-6195 S. Workino Groun: P. Brochman, NMSS N. Jensen, OGC j l
4. Steerino Group: No
5. Enhanced Public Participation: No
6. Compatibility for Aoreement States: No
7. Reouested Completion Date: Two weeks from date of this memorandum.
8. Reouested Action: Office Concurrence
9. Resources and Coordination: It is anticipated that 0.4 NRC FTEs will be needed to complete this action (0.1 RES,0.1 NMSS,0.1 OGC and 0.1 all other). These resources are within existing budget allocations. Copies of this concurrence package have been forwarded by internal mail to the Chief Financial Officer, ACRS, ACNW, and IG for information.

Attachment:

Commission Paper wiencl.

cc wlencl.: H. T. Bell, 010

0. Meyer, ADM J. Larkins, ACRS & ACNW H. Miller, Region ll0RA L. Reyes, Region lil0RA A. Beach, Region lill0RA E. W. Mershcoff, Region IVIORA I

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EQB: The Commissioners FROM: L. Joseph Callan Executive Director for Operations l

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: i I

l To inform the Commission that the EDO intends to sign the enclosed Rulemaking Plan to l

amend 10 CFR 72.82(e).

l l ISSUE: ,

l Section 72.82(e) has a 30-day hold time after preoperational testing of an independent l spent fuel storage installation (ISFSI) or monitored retrievable storage installation (MRS) l before spent fuel or high-level waste can be loaded into a dry storage cask. This hold-time  ;

l 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 f by the NRC.

1 DISCUSSION:

l By a memorandum dated March 15,1996, NMSS requested that 10 CFR 72.82(e) be l amended to make the submittal of a report detailing preoperational test acceptance criteris 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 176 (August 8,1996), Attachment 2, p.36). The Commission, in its October 9,1996 l Staff Requirc.ments Memorendum on SECY-96-176, stated that it did not object to moving l CONTACT:

Gordon Gondersen, WMB/DRA/RES l (301) 415-6195 1

r The Commissioners 2 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 unloading 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 60854, "Preoperational Testing of an ISFSl" explicitly addresses loading and unloading procedures.

This rulemaking 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 spentluel or high-level waste. The 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:

The Office of the General Counsel has no legal objection to this Rulemaking Plan. The Office of the Chief Financial Officer concurs that there will be no resource impacts beyond those already included in the budget. 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 RECOMMENDATION:

Note that it is my intention to approve the Rulemaking Plan within 10 days from the date of this paper, l

l L,' Joseph Callan -

Executive Director for Operations l

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Enclosure:

i Rulemaking Plan -  !

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RULEMAKING PLAN l

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RULEMAKING PLAN REDUCTION OF 30-DAY HOLD IN LOADING SPENT rUEL AFTER PREOPERATIONAL '

TESTING OF INDEPENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE J STORAGE INSTALLATIONS 10 CFR PART 72 I

Lead Office: Office of Nuclear Regulatory Research Staff

Contact:

Gordon Gundersen, WMB/DRA/RES Concurrences: l M. R. Knapp, RES Date j 1

l C. Paperiello, NMSS Date J. Lieberman, OE Date B. J. Shelton, IRM Date J.Funches,CFO Date A. J, Galante, ClO Date W. J. Olmstead, OGC Date Approval:

L. Joseph Callan, EDO Date

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i 8/14/97 Rulemaking Plan Response to NMSS Request for Rulemaking 10 CFR Part 72 Reduction of 30-day Hold in Loading Spent Fuel After Preoperational Testing of Independent Spent Fuel Storage or Monitored Retrievable Storage Installations Regulatory issue 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 waste for loading into an Independent Spent Fuel Storage Installation (ISFSI) or Monitored Retrievable Storage Installation (MRS). The 30-day period was established, when section 72.82(e) was written, to allow the NRC staff time to review the report of the preoperational 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 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 high-level waste.

In the past, the NRC staff has resolved this problem by granting requests from licensees for an exemption from the 30-day period 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 acceptance criteria and test results. This is because the NRC has an extensive oversight presence during the preoperational testing phase of ISFSIs, reviewing the 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 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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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.

i 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 preoperationaljests and a notice of intent to load spent fuel or i high-levei waste, and also eliminating the 30-day hold period. The two notices of intent I would have to be submitted 5 days before the start of the activity.

! . 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 preoperational testing and a notice l 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. ,

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. Option 2 - The licensee has a 30-day hold after preoperational testing reduced to 5 l days. Reducing the 30-day hold to 5 days has no impact because licensees have l received exemptions when requested. j

. Option 3 - The licensee has a 30-day hold and would still be required to oroduce 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 fuel 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 fuel loading in any case where the NRC has unresolved concerns.

The notice also allows the NRC to witness the actual fuelloading 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 burden relief for both licensees and the staff be 7use requests for exemptions would not be necessary.

- Option 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, I

and the actual loading will be performed by the crew with preoperational tmting 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 beforu; 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 testing phase of ISFSis, reviewing the acceptance criteria and test results in real time. The 5 days gives the NRC staff time to review the preoperational test results, and take any indicated required regulatory actions against the licensee to prevent spent fuel or high-level waste loading if that should be 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 technique by other NRC staff and the issuance of a regulatory action if needed. The notice can 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 test 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 new wording in italics and deleted words struck out, to read as follows: "A report notice of the intent to conduct preoperational tcst acceptance criteria and test result3 testing must be submitted at least 5 days before the conduct of the tests and a notice ofintent to load spent fuel or high-level waste must be submitted to least 5 days before the receipt of spent fuel or high-3 l

l level waste to the appropriats Regional Office specified in Apper. dix 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 20555-0001, at l;;;;; OO d;y; prler t; th; r;;;;pt ;f

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It is recommended that this rulemaking follow the standard two step process of' proposed rule followed by final rule. The change in the regulation substitutes two notices of intent for a report !

and replaces a 30-day hold period with two submittats 5 days before the activity starts. This  !

rulemaking will not result in any decrease in the oversight of licensee activities by the NRC or in the safety of licensee operations.

I Office of General Counsel Legal Analysis i

OGC has no legal objection to this rulemaking. -

l Backfit Analysis l A backfit analysis is not required because this proposed amendment does not impose more stringent safety requirements on 10 CFR Part 50 licensees. ,

I Agreement State implementation issues i No known Agreement State problems exist.

Major Rule i I

This is not a major rule.  ;

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Supporting Documents Needed An OMB clearance may not be needed because the licensee burden of not preparing and  ;

i submitting a report to the NRC may be offset by the two written notifications.

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issuance by Executive Director for Operations or Commission j i i I

i RES and NMSS recommend EDO issuance.

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i Resources Needed to Complete Rulemaking Resources to complete and implement the rulemaking are 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 Enhanced public participation is not needed in this simple rulemaking. This rulemaking plan will be placed on the rulemaking interactive website following EDO review and approval.

i Schedule Proposed Rule to EDO.... . . 3 months after approval of rulemaking plan.

Final Rule to EDO... .... . . . 9 months after approval of rulemaking plan.

Document name: O:\gunderse\part72-8\ plan 7.wpd 5

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