ML20216J059
| ML20216J059 | |
| Person / Time | |
|---|---|
| Issue date: | 02/02/1998 |
| From: | Shirley Ann Jackson, Mcgaffigan E, The Chairman NRC COMMISSION (OCM) |
| To: | Hoyle J NRC COMMISSION (OCM) |
| References | |
| COMEXM-98-001, COMEXM-98-1, COMSAJ-98-001, COMSAJ-98-1, NUDOCS 9803230332 | |
| Download: ML20216J059 (2) | |
Text
FROM CHAIRMAN JACXSON 02.01.1998 17:04 P.
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UNITED STATES
\\**.e*J NUCLEAR REGULATORY COMMISSION COMSAJ-98-001/
WASHINGTON, D.C. enmas -,
COMEXM-98-001 February 2,1998
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MEMORANDUM FOR:
John C. Hoyle. Secretary
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FROM:
Shirley Ann Jackson. Chairman M Edward McGaffigan Jr., Commissioner ' k f
SUBJECT:
ANNUAL FEES FOR STORAGE OF SPENT FUEL During a recent drop-in visit by representatives from Public Services Company of Colorado. a concern was raised regarding NRC policy on annual fees for interim on-site storage of spent fuel. While both wet storage (i.e.. spent fuel pool) and dry storage (i.e.. Independent spent fuel storage installation, or ISFSI) are considered to be safe and acceptable methods for spent fuel storage. the current fee structure could create a disincentive for licensees to pursue dry storage.2 The potential disincentive arises from the imposition of annual fees for Part 72 licensees (approximately $280K/ year).
but no annual fee on Part 50 " possession only" licensees that forgo an ISFSI in favor of spent fuel pool storage.
Since the Commission has formally found that both wet and dry storage are safe and acceptable, we believe that the Commission should avoid actions that would provide an incentive to choose one approach over another.
- As the Commission found in the Waste Confidence Decision, spent fuel can be stored safely and without significant environmental impact at a reactor licensee's spant fuel storage basin or at either an onsite or offsite ISFSI.
See U.S. Nuclear Regulatory Commission,
- Requirements of Licensee Actions Regarding the Disposition of Spent Fuel Upon Expiration of Reactor Operating Licenses," 49 FR 34688, August 31, 1984, as amended at 55 FR 38474, September 18, 1990.
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If a majority of the Commission agrees. then the staff should ensure that the proposed FY 1998 fee rule (Part 171) is consistent with this view. As a minimum, the CF0 should be directed to ensure tnat the fee policy gives equal treatment to dry storage and SFP storage of spent fuel, thereby removing the existing disincentive for dry storage. The CF0 should make a recommendation on how to address this concern as part of the fee rulemaking package for FY 1998.2 SECY, please track.
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Commissioner Dicus Comissioner Diaz OGC EDO CFO Under normal circumstances where there are no policy issues 8
involved, the CFO may issue a proposed fee rule without prior However, in this instance the Commission Commission approval.
should provide its view on the proposed rule and suggest that the annual fees for spent fuel storage methods be modified prior to publication of the proposed fee rules in the Endgral Recriater.
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