ML20235K609

Request for OMB Review & Supporting Statement Re 10CFR53, Criteria & Procedures for Determining Adequacy of Available Spent Nuclear Fuel Storage Capacity. Estimated Respondent Burden Is 3,960 H

ML20235K609
Person / Time
Issue date:	09/30/1987
From:	Mcdonald W NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:
References
OMB-3150-0126, OMB-3150-126, NUDOCS 8710050163
Download: ML20235K609 (8)

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Request for OMB Review acm" #

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MshNton. Du eu500 PART l.-Complete This Part fo Au Requests.

1.Le mi m er m,nc W en " u o w : m reuu

2. Agency coce

.U.S. Nuclear Regulatory Commission i 3

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,3. Name ofOerson *no r.an oest t osaer avest,cr s regaraeg inis request Teiepnene numoe-Hazel Smith (301 ) 492-8972

4. Title of 6ntorrSation CoheCttor Cr ruiema6 t"g 10'CFR 53, Criteria and Procedures for Determining the Adequacy of Available Spent: Nuclear Fuel Storage Capacity.

" 5. Legai arronty tor.ruermat c.r cotect:en or ru.e (cce unaec Sta:es Coce. Pc06c Lan, er becurrve Oraer) 42 2201 (o) us:

6. Affected pubhc (chece aU ina!apn' 5 U Federal agencies or employee 1 a ina vicsais or nouseho Os 3

Farms 6 2 Non profit institutions 2 L! State oricca gnewem 4 % B a5+est.es or ot er for profit 7 O Sma0 businesses or organcahons l

PART ll.-Complete This Part Onn if the Request is for OMB Review Under Executive Order 12291

7. Refu'atron Identif!ct Narrber (RIN)

~ _ _ _ _. 7. N one ass'gned C l~Tyoe o'submtssnon (checs one nn each categorp Type of review requested Cissstrication Stage of development 1 0 St.'.ndard 1 C Maior 1 C Proposed or draft 2 C Pe%ng 2 O Nonmaior 2 E rir.aiorintenm finat. *<tn anor oroposai 3 C E 4ersency 3 U Finai or inteam final, wrthout pnor proposa!

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at 1 tory or judicial deadane

9. CF R section affected CFR D IO. Does this regulation contain reprt ng or recordseepag requirements that reovire OMB approval under the Paperwork Reduction Act and 5 CFR 1320?

O Yes DNc

11. If a major rule. is there a regulatory impact anairs's attached?

1 O Yes 2 O Ne If"No," did OMB waive the ar.alysis' 3 0 Yes 4 Ne Certification for Regulatory Submissions in submitting th:s request for CMB renew, tne autncraea regulatory contact and the program official certify that the reomrernents of E.O.12291 and any apphcabie i

' pohey directrves have been ecmp tee w'tn j

S,gnature cf pro 6'am ettica!

Date

' 5:gnature of aut5or::e:: vgu. ate,rv centact j

8710050163 870930 Date PDR ORG EUSOMB j

PDR t 2. (QA16 s.se only)

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Pavious ed.t< ors cowete 83-108 I ',

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p NsN 75400 634 a034 5CFR ;320and E O 1229'

. (SART IH.-Complete T his Pa t Only if the Request is for Approvat of a Collectior of information Under the Paperwork Reduction Act anc 5 CfR 132C l! ar

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" Nuclear Waste Management, Nuclear Facilities" The Nuclear Waste Policy Act of 1982 establishes a frame work for the disposal of spent nuclear fuel and high-level radioactive waste generated by nuclear power plants.

10 CFR 53 establishes an l

interim program forthis storage.

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- vv-u r xmc w om mrpmaho" C04ect o*15 not contained In rules

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s w 2 ;_. EmeTenu suom:ss y sce+r cater ascuc, Wormation colrectrons contained in rules 2

Ecstmg regsanan (nc caave prcocses CF7 or -tent ' v w &am onor **MV 7 Enter cate of enoectec or actual Federa' 4 i Nome c' o'coose;l ru:emakmg (NPPtM A L Regfa sa:m m Peg ster pub'icat'on at tms stage of ruiemaking 5 [ Ena. NDDY was crecously pubbshe::

6 [ Emerge cy LWs: ca (ce*? bcation attachecs N th day tear)

15. Type of review ecuested (eneck only one) 1 U New co'ectson 4 U he'nstatement of a previously approved collwetion for which approval 2[ Reesion of a currently approved conection has m ec 3 2 E.xte"sion o' the experation date of a currently approved cohection 5 U Eosbng con -tion e use witnout an oMB control number e

witnout any cnange in tne suostance or in the method of conectiors

16. Agenc r eport 'c'm rumberts)(inctuCe stanca<' opt:0nal fctm number (s))

22. Pu pose of *nformat,on cobect.on (check as many as apply) r r

1 [ Appbcatecr for benefits f

2 [ Program evaluatsor

17. Annuar repytmg or c.sciosare burce

3 U General purpose statistics 1 Nur*ber ci respondents.

3 4 b Regalatory or compuance 2 NJmoer c+ respc95es ::er responce-t 1

i 5 [ Program penrung or management 3 Tota. anma' resco-ses (1,ne 1 times he 3 L

4 6 C Researc-4 hou s pe* resporse I

1 80 7 0 Auc4 r

3 hvu 5 Tota' nou s pne 3 titres Imeo

18. Ann.,a recordreeDrng ourcer:

l 23. Frequency of recordkeeping or reporting (ChecA allthJf apply) 1 [ Pecordnemng 1 Number of recordreepen 2 Annual hoofs per recordkeepe*

Reporting 3 Total recc*dkeeping hours (tene j times hoe 2)

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2 E on occasion 4 Recordweepmg retent.on penoc I

vears 3 ] gy

19. Total annuai burce-1 4 C Monthly 3,960 3 g n;,,1er,y 1 Requestec & v 17 5 plus hne 1BJ).

2'6To 2 in current om r,ventory 6 L 5emi-annuany 3 Difference Me 1.ess nne 2)

+ 1 20 7 O Annuaby laphnation of difference 8 Q Biennta%

4 Frogram cnange 9 Q otner(oescnbe) 5 Ad,ustment

+ 1,320

20. Curreat (mest recent) oMB control number or comment numoer

' 24. Respondents' obhgation to comph (chec A the strongest obligation thatapphes) 11 h 0126 1 Di voluntary

21. Requestec eerat,on cate 2 U Required to obtain or reta n a benefit 10/31/90 3 o uancatory

25. A*e the respondents prirnarily educational agencies or institutscns or is tne pnmary purpose of the collection related to FedertA education programs?

Yes @ No

26. Does tne agency use samphng to select respondents or does the agency recommend or prescr@e the use of samphng or statistical analysts by responcer.ts?

O yes @ No 27, Regulatory avtnority fcr the information cohection 10 53 crp mr rR

. or.o ner cspecifs ftparwork Certification in subm ttmg this recuest for cMB arprosa'. tre agency head the semor eff c.at o' an authereed representative. certifies that the requnements of 5 CFR 1320, tne kvacy Act stat stica'standa<cs or arectnes, and any other acpMatte ir formabon pctcy c<rectives have been comphed w'th

%,gr;ature of program otfoa>

Date

$ gnature of age % - ad t*e semor officia' or an asinontec reoresentat-ve Date

]i3-1fam Mcdonald Director, Offf'ce of Administration and Resources Managemlent Q

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c GPC : 1984 0 - 453-776

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OMB SUPPORTING STATEMENT FOR 10 CFR Part 53 f

Criteria and Procedures for Determining the Adequacy of Available Spent Nuclear Fuel Storage Capacity l

(OMB Clearance No. 3150-0126)

A.

JUSTIFICATION 1.

Need For the Collection of Information The Nuclear Waste Policy Act of 1982 (Pub. L.97-425, January 7, 1983, 96 Stat. 2201 et seq., 42 U.S.C. 10101 et seq.) established a compre-hensive framework for the disposal of spent nuclear fuel and high-level radioactive waste (HLW) generated by domestic civilian nuclear power reactors.

Subtitle B of Title I of tha Act established an interim program for the storage of spent nucler.r fuel while the repository for ultimate disposal is selected and daveloped.

The primary responsibility for providing interim storage of spent nuclear fuel rests with the per-sons owning and operating civilian nuclear power reactors.

This responsibility is to be implemented through the effective use of existing storage facilities at the reactor sites and by the timely addition of new on-site storage capacity "where practical." The Fed-eral Government has the responsibility to encourage and expedite the provision of interim storage capacity by the reactor owners.

In addition, the Federal Government has the responsibility to provide up to 1900 metric tons of storage capacity for spent nuclear fuel from reactors that cannot reasonably provide adequate storage capacity on site.

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.H On April 29, 1983, 48 Fed. Reg. 19382, the Commission published a proposed rule (new-10 CFR Part'53) establishing the criteria and procedures for determining the adequacy of available spent nuclear fuel storage capacity.

.Section 53.11 of 10 CFR 53 requires that the person making the request for a Commission determination provide a signed request ~with i

nine copies in time for the Commission to complete its review before the Department of Energy contracting deadline on January 1, 1990.

This section also provides'for publication of a notice of.the receipt of a request for a-determination, and a 30-day public comment perio'.

d Section 10 CFR 53.12 specifies the required information on the fueling and refueling cycle for the reactor, existing and planned storage capacity, the amount of spent nuclear fuel and schedule for which Federal interim storage would be necessary, and other matters.

Section 10 CFR 53.13 specifies the required information on alternative spent nuclear fuel storage techniques, any constraints on their imple-mentation, and a detailed description of the actions that the person requesting the determination has taken to avoid the need for Federal storage.

Section 53.14 requires additional information from a person making a request for Commission determination under Part 53 concerning any portion of a request pertaining to storage of spent fuel.

Section 135(b) of the Act provides that the Department of Energy shall offer to enter into a contract under Section 136(a) of the Act with a person who owns or generates spent nuclear fuel, that would provide for Federal ownership, transport, and storage of the spent l

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nuclear fuel, but only if the Commission makes two affirmative determinations pertaining to items a and b listed below, a.'

.The person owning and operating a civilian nuclear power

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reactor cannot reasonably provide adequate spent nuclear fuel storage capacity at the reactor site, or at the site of any other' civilian nuclear power reactor operated by that person, when needed to ensure the continued orderly operation of the reactor; and b.

The person generating or owning spent nuclear fuel is " diligently pursuing licensed z,1ternatives to the use of Federal storage I

capacity" for the storage of spent nuclear fuel expected to be generated in the future.

Section 135(g) of the Act directed the NRC to establish, by rule, criteria and procedures for making these determinations.

2.

Agency use of Information Within approximately one year,* this information will be used to enable the Commission to make the required statutory findings on whether:

a.

Additional capacity is needed, in what amount, and in what time frame; b.

It is practical for the person making the request to implement alternatives to Federal interim storage in light of technical, economic, regulatory, and public health and safety constraints; i

and c.

The person making the request is diligently pursuing alternatives to Federal storage.

• When litigation is not involved, this time frame could be reduced to a six-month period.

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Reduction of Burden Through Information Technology 1

i There is no legal obstacle to the use of information technology.

More-

{

over, NRC encourages its use.

A 4.

Effort to Identify Duplication The Federal Information Locator System (FILS) has been searched.

No duplication was found, f

i 5.

Effort to use Similar Information Similar information could be submitted to Department of Energy (DOE) pursuant to the provisions specified in Section 135(b) and 136(a) of the Act so that DOE can enter into a contract with a person who owns or generates spent nuclear fuel.

However, 10 CFR 53 regulations are in place so that the NRC can make determinations pertaining to the health and safety of the public.

6.

Effort to Reduce Small Business Burden Small business is not affected by 10 CFR 53 information collection requi rements.

7.

Consequences of Less Frequent Collection This information is submitted to the NRC in order for the agency to make determinations consistent with the Nuclear Waste Policy Act of 1982 with respect to disposal of spent nuclear fuel and high level radioactive waste generated by domestic civilian nuclear power plants.

Thus, the information is submitted for NRC review as necessary for applications requesting approvals relating to spent nuclear fuel.

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8.

' Circumstances which Justify Variation From OMB' Guidelines

'This information collection does not vary from OMB Guidelines.

9.

Consultations Outside the NRC

'The final rule reflects extensive comments from public. interest

. groups.and the nuclear industry.

A few comments were specifically directed to the information requested by the Commission in Sections 53.12, 53.'13-and 53.14.

10.

Confidentiality of Information NRC~provides no pledge of. confidentiality for this collection of information.

11.

Justification for Sensitive Questions Part 53 information collections do not involve sensitive or private.

-information.

12.

Estimated Annualized Cost to the Federal Government The NRC anticipates approximately 8 (Diablo Canyon 1, San Onofre 2 and 3, Yankee Rowe, Vermont Yankee, Indian Point 2, Indian Point 3 and Fitzpatrick) requests for the next 3 years.

The NRC anticipates receipt.of about 3 requests annually during the duration of this clearance.

NRC review time will be approximately 320 hours0.0037 days <br />0.0889 hours <br />5.291005e-4 weeks <br />1.2176e-4 months <br /> per response.

With 3 annual responses, the total burden is expected to be 960 hours0.0111 days <br />0.267 hours <br />0.00159 weeks <br />3.6528e-4 months <br />.

Total cost at $60 per hour would be $57,600 per year.

Estimates are l

based on staff experience.

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'e' 13.

Estimate of Burden and Cost to Industry Approximately 1320 hours0.0153 days <br />0.367 hours <br />0.00218 weeks <br />5.0226e-4 months <br /> per response will be required to prepare this information.

Withi3 annual responses, the total annual burden l

is expected to tur 3,960 hours0.0111 days <br />0.267 hours <br />0.00159 weeks <br />3.6528e-4 months <br />.

Total cost at $60 per hour is

$237,600 per year.

Burden estimate is based on information associ-ated with various spent fuel storage, license applications.

.Part 53'does not. include recordkeeping requirements.

14.

Reasons for Change in Burden

'The. estimated burden has changed'because during the last review we anticipated 2 submittals annually.

During the next 3 years the NRC anticipates 3 submittals annually.

15.

Publication for Statistical Use NRC does not publish information submitted in accordance with Part 53 for statistical use.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METH005 Statistical methods are not used in the collection of information specified in 10 CFR Part 53.

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