ML20212H736
| ML20212H736 | |
| Person / Time | |
|---|---|
| Issue date: | 07/19/1996 |
| From: | Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Olmstead W, Paperiello C, Russell W NRC (Affiliation Not Assigned), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20212H254 | List:
|
| References | |
| FRN-64FR17510, RULE-PR-72 AG02-2-046, NUDOCS 9910010327 | |
| Download: ML20212H736 (7) | |
Text
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UMVu 8' ;, e 4 UNITED STATES 3 j NUCLEAR REGULATORY COMMISSION
$ $ WASHlHOTON, D.C. 20h0001
- July 19,1996 l
MEMORANDUM T0: Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards William T. Russell, Director Office of Nuclear Reacter Regulation William J. Olmstead, Associate General Counsel for Licensing and Regulation Office of General Counsel FROM: David L. Morrison, Director .f Office of Nuclear Regulatory Research / 4fgp
SUBJECT:
RULEMAKING PLAN - ELIMINATION OF 30-DAY DELAY IN LOADING SPENT FUEL AFTER PRE 0PERATIONAL TESTING, 10 CFR 72.82(E)
Your concurrence is requested on the attached rulemaking plan that was developed in respense to a User Need Memorandum dated March 15, 1996 from Carl J. Paperiello, Director, NMSS to David L. Morrison, Director, RES.
Paragraph 10 CFR 72.82(e) requires that a report of preoperational test acceptance criteria and test results be submitted to the appropriate Regional Office and to the Director, NMSS at least 30 days before the receipt of spent fuel or high-level waste. The purpose of this requirement is to establish a sufficient " hold point" to ensure that the NRC has enough time to inspect a new licensee's preparations and if necessary exercise regulatory authority before fuel is received at an independent spent fuel storage installation. In practice, the extensive NRC oversight presence during the preoperational testing phase has made the 30-day period and submittal of the report unnecessary.
The following is a summary of this request:
1.
Title:
Rulemaking Plan, " Elimination of 30-Day Delay in Loading Spent Fuel after Preoperational Testing,10 CFR 72.82(e)"
- 2. Task leader: G. Gundersen, RES, (301) 415-6195
- 3. Working Group Members: E. Easton, NMSS W. Reamer, 0GC
- 4. Steerina Group Members: None
- 5. Enhanced Public participation: No
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- u-C. J. Paperiello et al. 2 7.. i.eauested Action: Office Concurrence
- 8. Reauested Completion Date: Two weeks from the date of this memorandum.
- 9. Resources and Coordination: The rulemaking is expected to take NRC 0.3 FTE. There will be no contractor support needed. There will be a small decrease in NRC resources needed for inspection. A copy of this concurrence package has been forwarded to the Office of the Controller t for coordination of resource issues and to the OIG for information.
Attachment:
Rulemaking Plan ec: R. Scroggins, OC, w/att.
H..T. Bell,-OIG, w/att.
J. Lieberman, OE w/att.
1 DISTRIBUTION:
Central f/c RDB r/f RDB s/f FCostanzi EEaston,SFP0,w/att.
WReamer,OGC,w/att.
MLesar,ADM,w/att.
PNorian LRiani CGallagher DOCUMENT NAME:0:\Gunderse\part72-8\ plan.mem ,
- See previous concurrence -
OFC RDB 5RA* RDB:DRA . D:DRA(J. D:RESM NAME GGundersen:ayw SBahadur M BMork DMordson DATE 07/10/96 1/10/96 7 //t/96 7 /f8/96 0FFICE EECORD COPY RES FILE CODE:
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I f- C.'J. Paperiello et al. 2
- 7. Requested Action:- Office Concurrence
- 8. Reauested Completion Date: Two weeks from the date of this memorandum.
- 9. Resources and Coordination: The rulemaking is expected to take NRC 0.3 fTE. There will be no contractor support needed. There will be a small decrease in NRC resources needed for inspection. A copy of this concurrence package has been forwarded to the Office of the Controller for coordination of resource issues and to the OIG for information.
Attachment:
Rulemaking Plan i
cc: R. Scroggins, 00, w/att. '
H. T. Bell, 0IG, w/att.
J. Lieberman, OE w/att.
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RULEMAKING PLAN FOR ELIMINATION OF 30-DAY DELAY IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING, 10 CFR 72.82(E)
Lead Office: Office of Nuclear Regulatory Research Staff Centact: Gordon Gundersen, RDB i
Concurrences: t
, 3. Morrison, RE5
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Date l
C. Paperiello, NMSS Date W. Russell, NRR Date W. J. Olmstead, OGC Date Approval:
J. Taylor Dai e' L
O RULEMAKING PLAN l
ELIMINATION OF 30-DAY DELAY IN LOADING SPENT FUEL AFTER l PRE 0PERATIONAL TESTING, 10 CFR 72.82(E) j i
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Regulatory Issue l By a memorandum dated March 15, 1996, NMSS requested that 10 CFR 72.82(e) be amended to make the submittal of a rcport detailing preoperational test acceptance criteria and test results optional at the discretion of the Regional Administrator or Director, NMSS. Section 72.82(e) requires licensees {
to submit to the NRC a report of the preoperational acceptance criteria and I test results at least 30 days prior to the receipt of spent fuel or high-level i waste. 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. Often the licene.ee has contractors and staff waiting for this 30-day period to expire. Section 72.82(e) applies to Independent Spent Fuel Storage Installations (ISFSI) and Monitored Retrievable Storage Installations (MSR).
The NRC staff has received and granted several requests from licensees for an exemption from the 30-day period in 10 CFR 72.82(e). In granting these exemptions, the staff had determined, as noted below, that a 30-day period was not needed for review of the licensee's report of preoperational test acceptance criteria and test results. The staff anticipates that if 10 CFR 72.82(e) is not amended, additional exemptions will be requested in the future. Routine granting of exemptions should be avoided in the regulatory process.
The NRC has an extensive oversight presence during the preoperational testing phase of ISFSIs, reviewing the acceptance criteria and test results in real time. Thus, the 30-day period and submittal of the renort are largely unnecessary.
Existina Regulatory Framework Section 72.82(e) currently reads, "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 Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001, at least 30 days prior to the receipt of spent fuel or high-level waste." The purpose of this requirement is to establish a sufficient " hold point" to ensure that the NRC has enough time to inspect a new licensee's preparations and if necessary exercise regulatory authority before fuel is received at an ISFSI.
How the Regulatory Problem will be Addressed by Rulemaking It is proposed that i 72.82(e) be modified to delete the 30-day requirement and to make the submittal of a report detailing preoperational test criteria and test results optional, at the discretion of the Regional Administrator or Director, NMSS. The recommended fix is to rewrite 5 72.82(e) to read as L
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follows with deletions lined out and additions in italics: "Upon written )
! request by the Regional Administrator or the Director, Office of Nuclear l Naterial Safety and Safeguards, a report of the preoperational test acceptance i criteria and test results must be submitted to the appropriate Regional Office ,
specified in Appendix A of Part 73 of this Chapter and to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001, at le n t 30 days prior to the receipt of spent fuel or high-level waste. The report can be required if necessary for a complete understanding of the licensce's preoperational testing. In cases ;
where a written report is requested, receipt of spent fuel or high-level waste 1 may not begin until at least 3 working days after the report is received by the Regional Administrator or Director, Office of Nuclear Material Safety and ;
Safeguards. The 3-day time requirement may be reduced or extended upon l written notice by the regional Administrator or the Director, Office of Nuclear Material Safety and Safeguards."
It is recommended that this rulemaking be issued as a direct final rule, because the change in the regulation will not result in any decrease in the oversight of licensee activities by the NRC or in the safety of licensee operations. If a member of the public objects or states an intention to submit a' comment objecting to this action, the full notice and comment rulemaking process will be completed based on the proposed rule.
Assessment of likely Impacts on Licensees The proposed fix may decrease the burden on licensees by reducing the waiting time between preoperational testing and initiation of operation. The fix may cause the licensee problems since the NRC can extend the time period indefinitely as no period is stated in the rewritten 5 72.82(e). However, the 30-day period in existing 5 72.82(e), could also be extended by order.
Assessment of Cost Effectiveness Implementing the recommended rewrite of 5 72.82(e) will be cost effective for both, the NRC and licensees, in most cases, where the licensee has satisfactorily performed the preoperational test criteria and test results.
This would allow the licensee to immediately start loading spent fuel or high-level waste into the cask system. The crews that performed the preoperational testing would have the experience fresh in their minds and, therefore, should more ef ficiently perform the initial operational loading. The NRC presence for preoperational phase could contir.ua into the operational phase thereby saving travel time and money.
0GC Legal Analysis OGC has no legal objection to this rulemaking.
Agreement State Implementation Problems No known Agreement State problems exist.
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Supporting Documents'
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There are no supporting documents.
-Resources Needed 0.3 FTEs
.No contractor support dollars are needed.
Lead Office' Staff and Staff from Supportina Offices
' Project Manager: Gordon Gundersen, 415-6195, GEGI
-- User office cognizant staff: Earl Easton, 415-8520, EXE OGC cognizant staff: William Reamer, 415-1640, CBR Steerina Group /Workina Group
..A steering group is not required for this rulemaking.
Enhanced-Public Participation-Enhanced public participation is not needed in this simple rulemaking.
EDO or Commission Issuance RES and NMSS recommend ED0 issuance.
Schedule direct final rule published: 2 months after approval of. rulemaking l plan 1 l
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