ML20236V500
| ML20236V500 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/1998 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Inhofe J, Schaefer D HOUSE OF REP., ENERGY & COMMERCE, SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| CCS, NUDOCS 9808030284 | |
| Download: ML20236V500 (2) | |
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WASHINGTON, D.C. 20666 4 001 June 8, 1998 The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510 i
Dear Mr. Chairmar :
The U.S. Nuclear Regulatory Commission has sent to the Office of the Federal Register, for publication, the enclosed proposed amendments to the Commission's rule in 10 CFR Part 72.
The proposed amendments would differentiate the requirements for the storage of spent fuel under wet and dry conditions, clarify requirements for the content and submission of various reports, and specify that Quality Assurance (QA) records must be maintained as permanent records. The proposed rule, if promulgated, would also correct severalinconsistencies and clarify certain sections in this regulation.
The Commission is issuing the proposed rule for public comment.
Sincerely,
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Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Reaister Notice cc: Senator Bob Graham
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June 8, 1998 The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515
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Dear Mr. Chairman.
1 The U.S. Nuclear Regulatory Commission has sent to the Office of the Federal Register, for publication, the enclosed proposed amendments to the Commission's rule in 10 CFR Part 72.
The proposed amendments would differentiate the requirements for the storage of spent fuel under wet and dry conditions, clarify requirements for the content and submission of various reports, and specify that Quality Assurance (QA) records must be maintained as permanent j
records. The proposed rule, if promulgated, would also correct severalinconsistencies and clarify certain sections in this regulation.
The Commission is issuing the proposed rule for public comment.
t Sincerely, O~. Rathbun, Director x
Dennis K i
Office of Congressional Affairs
Enclosure:
Federal Reaister Notice cc: Representative Ralph Hall
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AF80 Miscellaneous Changes to Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations to correct severalinconsistencies and to clarify certain sections of the regulations. The amendments would differentiate the requirements for the storage of spent fuel under wet and dry conditions, clarify requirements for the content and submission of various reports, and specify that quality assurar2 (QA) records must be maintair.ed as permanent records.
DATES: The comment period expires (75 days after publication). Comments received after l
this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.
i ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Attention: Rulemakings and Adjudications Staff.
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1 11555 Rockville Pike, Rockville, Maryland, between 7i30 am'and Deliver comments to:
4:15 pm on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking web site through the NRC home page (http://www.nrc. gov). This site provides the availability to upload comments as files (any format) if your web browser supports that function. For information about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-6215; e-mail CAG@nrc. gov.
Certain documents related to this rulemaking, including comments received may be examined at the NRC Public Document Room,2120 L Street NW., (Lower Level), Washington, DC. These same documents also may be viewed and downloaded electronically via the interactive rulemaking website established by NRC for this rulemaking.
FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6181, e-mail mia@nrc. gov.
SUPPLEMENTARY INFORMATION:
Background
The Commission's licensing requirements for the independent storage of spent nuclear fuel and high-level radioactive waste are codified in 10 CFR Part 72. The NRC experience in 2
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l applying Part 72 has indicated that certain additions and clarifications to the regulations are necessary. This proposed rule would make eight miscellaneous changes to 10 CFR Part 72.
l These changes would ensure that necest.ary information is included in reports and that Quality t
Assurance records are maintained permanently when identified with activities and items l
important to safety. These reports and records are needed to facilitate NRC inspection to verify compliance with regulatory reporting requirements to ensure the protection of public health and l
l safety, and the environment.
l Discussion of Proposed Amendments l
- 1. Modify 59 72.1 and 73.2 to include spent fuel storage cask and remove the superseded information.
The purpose (9 72.1) and scope ($ 72.2) were not modified when the Commission amended Part 72 on July 18,1990 (55 FR 29181) to include a process for providing a general license to a reactor licensee to store spent fuel in an independent spent fuel storage installation (ISFSI) at power reactor sites (Subpart K) and a process for the approval of spent fuel storage casks (Subpart L). Although the language in these sections may be read to include the general license provisions of Subpart K, the approval process for spent fuel storage casks in Subpart L l
is not referenced. This rulemaking would make the purpose and scope sections complete by specifically referencing the Subpart L cask apptcy31 process. This rulemaking also would remove information in the purpose and scope sections regarding the Federal interim storage l
program since the time for its implementation has expired (61 FR 35935; July 9,1996).
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- 2. Change the requirement for making initial and written reports in f5 72.4 and 72.216.
This change would be made to 72.4 to provide that, except where otherwise specified, all communications and reports are to be ad/ ressed to NRC's Document Control Desk (DCD) rather than to the Director, Office of Nucle 2r Material Safety and Safeguards (NMSS). Three current regulations govern the submission of written reports under Part 72 (@@ 72.75,72.216(b),
and 50.72(b)(2)(vii)(B) that is referenced in 72.216(a)). Under 72.75(d)(2) a report is sent to the DCD. However $$ 50.72(b)(2)(vii)(B) and 72.216(b) indicate that the report be sent as instructed in S 72.4, to the Director, NMSS. To achieve consistency, S 72.4 is being revised to instruct that reports be sent to the DCD. Licensing correspondence forwarded to the NRC's DCD would ensure proper docketing and distribution. Also, 72.216(c)is being changed to correct an error. The current regulation references 9 72.75(a)(2) and (3); the reference should be revised to 69 72.75(b)(2) and (3).
- 3. Change the requirement for submittal of dry cask storage effluent report in 9 72.44.
Currently,6 72.44(d)(3) requires that a dry cask storage effluent report be submitted to the appropriate NRC regional office within the first 60 days of each year. Section 50.36a(a)(2) requires that a similar report be submitted to the Commission once each year specifying liquid and gaseous effluents from reactor operations.
The proposed revision would permit reactor licensees to submit their dry cask storage effluent report to the NRC once each year at the same time as the effluent report from reactor operations. The time between submission of these reports would be no longer than 12 months.
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However, after the effective date of the final rule, the licensee may submit the first report for a shorter period of time to get on the same reporting schedule as the annual reactor effluent report.
- 4. Clarify the reporting requirements for specific events and conditions in 6 72.75.
Section 72.75 contains reporting requirements for specific events and conditions, including the requirement in Q 72.75(d)(2) for a follow-up written report for certain types of emergency and non-emergency notifications. The proposed rule v.'Ould clarify the specific information required to meet the intent of the existing reporting requirement. A comparable reporting requirement already exists for similar reactor type events in S 50.73(b). The proposed rule would incorporate the format and content outlined in @ 50.73(b) into 72.75(d)(2) to clearly inform licensees of the information necessary for the NRC staffs review. Since the reporting requirement already exists, no significant increase in the licensee's reporting burden will occur by clarifying the format and content.
- 5. Clarify the requirement for capability for continuous monitoring of confinement storage systems in Q 72.122(h)(4).
Currently,9 72.122(h)(4) requires the capability for continuous monitoring of storage confinement systems. The meaning of" continuous"is open to interpretation and does not differentiate between monitoring requirements for wet and dry storage of spent fuel. Wet storage requires active heat removal systems that involve a monitoring that is " continuous" in the sense of uninterrupted. Because of the passive nature of dry storage, active heat removal i
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systems are not needed and monitoring can be less frequent. This proposed rule would clarify I
that the frequency of monitoring can be different for wet and dry storage systems. As part of the NRC approval process, the periodicity of monitoring is specified in the Certificate of Compliance.
- 6. Clarify the requirement specifying instrument and control systems for monitoring dry spent fuel storage in G 72.122(i).
Section 72.122(i) requires that instrumentation and control systems be provided to monitor rystems important to safety bt does not distinguish between wet and dry storage systems. For wet storage, systems are required to monitor and control heat removal. For dry storage, passive heat removalis used and a control system is not required. This proposed change would clarify that control systems are not needed for dry stor&ge systems.
- 7. Clarify the requirement for dry spent fuel storage cask on methods of criticality control in 72.124(b).
Section 72.124(b) requires specific methods for criticality control, including the requirement that where solid neutron absorbing materials are used, the design must provide for positive means to verify their continued efficacy. This requirement is appropriate for wet spent fuel storage systems but not for dry spent fuel storage systems. The potentially corrosive environment under wet storage conditions is not present in dry storage systems because an inert environment is maintained. Under these conditions, there is no mechanism to significantly degrade the neutron absorbing materials. In addition, the dry spent fuel storage casks are sealed and it is not practical to penetrate the integrity of the cask to make the measurements for 6
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l verifying the efficacy of neutron absorbing materials. This proposed rule would clarify that l
positive means for verifying the continued efficacy of solid neutron absorbing materials are not required for dry storage systems, where the efficacy is demonstrated at the outset.
- 8. Clarify the requirements in S 72.140(d) concerning the previously approved quality assurance program in conformance with Appendix B of 10 CFR Part 50.
Section 72.174 specifies that quality assurance (QA) records must be maintained by or
'Jrfer the control of the licensee until the Commission terminates the !! cense. However, 9 72.140(d) allows a holder of a Part 50 license to use its approved Part 50, Appendix B, QA program in place of the Part 72 QA requirements, including the requirement for QA records.
Appendix B allows the licensee to determine what records will be considered permanent records, i
using Regulatory Guide 1.28. Thus, Part 50 licensees using an Appendix B, QA program could choose not to make permanent all records generated in suppor' of Part 72 activities. This proposed rule would require these licensees to follow the Part 72 requirement to maintain QA records until termination of the license.
Environmental Impact: Categorical Exclusion The NRC has determined that items 1,5,6, and 7 of the proposed rule are the types of action described as a categorical exclusion in 10 CFR 51.22(c)(2) and items 2,3,4 and 8 of the proposed rule are the types of action described as a categorical exclusion in 10 CFR 51.22(c)(3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
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Paperwork Reduction Act Statement Prooosed Rule Containina insignificant Information Collections This proposed rule increases the burden on licensees by increasing the record retention period to life of license in 72.140(d). The public burden for this information collection is estimated to average 38 hours4.398148e-4 days <br />0.0106 hours <br />6.283069e-5 weeks <br />1.4459e-5 months <br /> per request. Because the burden for this information collection is insignificant, Office of Management and Budget (OMB) clearance is not required. Existing requirements were approved by the Office of Management and Budget, approval number 3150-0132.
Public Protection Notification If an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.
Send comments on any aspect of this proposed information collection, including suggestions for reducing the burden, to the Records Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by Internet electronic mail at BJS1@MRC. GOV; and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202, (3150-0132), Office of Management and Budget, Washington, DC 20503.
Comments to OMB on the information collections or on the above issues should be submitted by (insert date 30 days after publication in the Federal Register). Comments received after this 8
l' inill be considered if it is practical to do so, but assurance of consideration cannot be given to commehts received after this date.
1 Regulatory Analysis The NRC has prepared a regulatory analysis on this regulation. The analysis examines the costs and benefits of the alternatives considered by the NRC and concludes that the proposed rule results in an incremental improvement in public health and safety that outweighs l
the small incremental cost associated with this proposed change. The analysis is available for inspection in the NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington.
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Single copies of the analysis may be obtained from M. L. Au, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6181.
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 as amended 5 U.S.C. 605(b), the Commission certifies that this proposed rule will not, if adopted, have a significant economic impact on a substantial number of small entities. This proposed rule would affect only the 9
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operators of independent spent fuel storage installation (ISFSI). These companies do not fall
- within the scope of the definition of "small entities" set forth in.the Regulatory Flexibilit'y Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 72.62, does not apply to this rule, because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this proposed rule.
List of Subjects in 10 CFR Part 72 Manpower training programs, Nuclear materials, Occupational safety and health, k
Reporting and recordkeeping requirements, Security measures, Spent fuel.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the 8 Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553 the NRC is proposing to adopt the following amendments to 10 CFR Part 72.
PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE 1.
The authority citation for Part 72 continues to read as follows:
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l AUTHORITY: Secs. 51,53,57,62,63,65,69,81,161,182,183,184,186,187,189,68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234,83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236,2237, 2238,2282); sec. 274, Pub. L.86-373,73 Stat. 688, as amended (42 U.S.C. 2021);
sec. 201, as amended,202,206,88 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841, j
5842,5846); Pub. L.95-601, sec.10,92 Stat. 2951 as amended by Pub. L. 102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332); secs.
l 131,132,133,135,137,141, Pub. L.97-425,96 Stat. 2229,2230,2232,2241, sec.148, Pub.
L.100-203,101 Stat.1?30-235 (42 U.S.C.10151,10152,10153,10155,10157,10161,10168).
Section 72.44(g) also issued under secs.142(b) and 148(c), (d), Pub. L. 100-203,101 Stat.1330-232,1330-236 (42 U.S.C.10162(b),10168(c), (d)). Section 72.46 also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C.
10154). Section 72.96(d) also issued under sec.145(g), Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),141(h), Pub.
L.97-425,96 Stat. 2202,2205,2204,2222,2224 (42 U.S.C.10101,10137(a),10161(h)).
Subparts K and L are also issued under sec.133,98 Stat. 2230 (42 U.S.C.10153) and sec.
t 218(a),96 Stat. 2252 (42 U.S.C.10198).
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- 2. Section 72.1 is revised to read as follows:
6 72.1 Purpose.
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The regulations in this part establish requirements, procedures, and criteria for the issuance of licenses to receive, transfer, and possess power reactor spent fuel and other radioactive materials associated with spent fuel storage in an independent spent fuel storage 1
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installation (ISFSl) and the terms and conditions under which the Commission will issue th licenses. The regulations in this part also establish require'"en's, procedures, and criteria fo' r
the issuance of licenses to the Department of Energy (DOE) to r> eive, transfer, package, and possess power reactor spent fuel, high-level radioactive waste, and other radioactive materials associated with the spent fuel and high-level rad;oactive waste storage, in a monitored retrievable storage installation (MRS). Furthermore, the regulations in this part also establish requirements, procedures, and criteria for the issuance of Certificates of Compliance approving spent fuel storage casks.
- 3. In S 72.2, paragraph (e) is removed, paragraph (f) is redesignated as paragraph (e),
and a new paragraph (f)is added to read as follows:
9 72.2 Stape.
(f) Certificates of Compliance approving the use of spent fuel storage casks shall be issued in accordance with the requirements of this part as stated in 72.236.
- 4. Section 72.4 is revised to read as follows:
9 72.4 Communications.
Except where otherwise specified, all communications and reports concerning the regulations in thic part and applications filed under them should be addressed to the U.S.
Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001.
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- 5. In S 72.44, paragraph (d)(3) is revised to read as follows :
6 72.44 License conditions.
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i (d)
(3) An annual report be submitted to the U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555-0001, specifying the quantity of each of the principal radionuclides released to the environment in liquid and la gaseous effluents during the previous 12 months of operation and such other information as may be required by the Commission to estimate maximum potential radiation dose commitment to the public resulting from effluent releases. On the basis of this report and any additional information that the Commission may obtain from the licensee or others, the Commission may from time to time require the licensee to take such action as the Commission deems appropriate. The time between submission of reports must be no longer than 12 months.
- 6. In 9 72.75, paragraph (d)(2) is revised, and paragraphs (d)(3), (d)(4), (d)(5), (d)(6) and (d)(7) are added to read as follows:
6 72.75 Reoortir.a requirements for soecific events and conditions.
(d) 13
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(2) Written icport. Each licensee who makes an initial report required by paragraph (a) or (b) of this section shall submit a written follow-up report within 30 days of the initial' report.'
Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the reports contain all the necessary information and the appropriate distribution is made. These written reports must be sent to the U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555-0001. These reports must include the following:
(i) A brief abstract describing the major occurrences during the event, including all compc ent or system failures that cc '-ibuted to the event and significant corrective action taken or planned to prevent recurrence; (ii) A clear, specific, narrative description of what occurred so that knowledgeable readers conversant with the design of ISFSI or MRS, but not familiar with the details of a particular facility, can understand the complete event; and the narrative description must include the following specific information as appropriate for the particular event:
(A) ISFSI or MRS operating conditions before the event; (B) Status of structures, components, or systems that were inoperable at the start of the event and that contributed to the event; (C) Dates and approximate times of occurrences; (D) The cause of each component or system failure or personnel error, if known; (E) The failure modo, mechanism, and effect of each failed component, if known; (F) A list of systems or secondary functions that were.ilso affected for failures of components with multiple functiv.is; 14
(G) For wet spent fuel systems storage only, after failure that rendered a train of a safety system inoperable, an estimate of the elapsed time from the discovery of the failure until the
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4 train was returned to service; (H) The method of discovery of each component or system failure or procedural error; (1)(1) Operator actions that affected the course of the event, including operator errors, I
procedural dcfx.iencies, or both, that contributed to the event; (2) For each personnel error, the licensee shall discuss:
(i) Whether the error was a cognitive error (e.g., failure to recognize the actual facility I
cerdition, failure to realize which systems should be functioning, failure to recognize the true nature of the event) or a procedural error; I
(ii) Whether the error was contrary to an approved procedure, was a direct result of an error in an approved procedure, or was associated with an activity or tr sk that was not covered s
l by an approved procedure; (iii) Any unusual characteristics of the work location (e.g., heat, noise) that directly l
contributed to the error; and (ig) The type of personnel involved (e.g., contractor personnel, utility-licensed operator, utility nonlicensed operator, other utility personnel);
(J) Automatically and manually initiated safety system responses (wet spent fuel storage l
systems only);
(K) The manufacturer and model number (or other identification) of each component that failed during the event; (L) The quantities and chemical and physical forms of the spent fuel or HLW involved; l
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(3) An assessment of the safety consequences and implications of the event. This assessment must include the availability of other systems or components that could have performed the same function as the components and systems that failed during the event; 1
(4) A description of any corrective actions planned as a result of the event, including those to reduce the probability of similar events occurring in the future; (5) Reference to any previous similar events at the same plant that are known to the licensee; (6) The name and telephone number of a person within the licensee's organization who is knowledgeable about the event and can provide additional information concerning the event and the plant's characteristics; (7) The extent of exposure of individuals to radiation or to radioactive materials without identification of individuals by name.
- 7. In 9 72.122, paragraphs (h)(4) and (i) are revised to read as follows:
6 72.122 Overall Requirements.
(h)
(4) Storage confinement systems must have the capability for continuous taonitoring in a manner such that the licensee will be able to determine when corrective action needs to be taken to maintain safe storage conditions. For dry storage, periodic monitoring is sufficient provided that periodic monitoring is consistent with the cask design requirements. The monitoring period must be based upon the cask design requirements.
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l (i) Instrumentation and control systems. Instrumentation and control systems for wet spent fuel storage must be provided to monitor systems that are important to safety over anticipated ranges for normal operation and off-normal operation. Those instruments and control systems that must remain operational under accident conditions must be identified in the Safety Analysis Report. Instrumentation systems for dry spent fuel storage casks must be provided in accordance with cask design requiremer.ts to monitor conditions that are irrportant to safety over anticipated ranges for normal conditions and off-normal conditions. Systems that are required under accident conditions must be identified in the Safety Analysis Report.
- 8. In S 72.124, paragraph (b) is revised to read as follows:
6 72.124 Criteria for nuclear criticality safety.
(b) Methods of crit' ality control. When practicable the design of an ISFSI or MRS must be based on favorable geometry, permanently fixed neutron absorbing materials (poisons), or both. Where solid neutron absorbing materials are used, the design must provide for positive means of verifying their continued efficacy. For dry spent fuel storage systems, the continued efficacy may be confirmed by a demonstration and analysis before use, showing that significant degradation of the neutron absorbing materials cannot occur over the life of the facility.
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- 9. In 72.140, paragraph (d) is revised to read as follows:
9 72.140 Quaistv assurance requirements.
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(d) Previously approved programs. A Commission-approved quality assurance program which satisfies the applicable criteria of Appendix B to Part 50 of this chapter and which is established, maintained, and executed with regard to an ISFSl will be accepted as satisfying the requirements of paragraph (b) of this section except that a licensee using an Appendix B quality assurance program also shall meet the requirement of 72.174 for recordkeeping. Prior ;o initial use, the licensee shall notify the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, of its intent to apply its previously approved Appendix B program to ISFSI activities. The licensee shallidentify the program by date of submittal to the Commission, docket number, and date of Commission approval.
- 10. In 6 72.216, paragraph (c)is revised to read as follows:
6 72.216 Reoorts.
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W (c) The general licensee shall make initial and written reports in accordance with i
9 72.7k and [2.75, except for the events specified by @ 72.75(b)(2) and (3) for which the initial reports will be made under paragraph (a) of this section.
Dated at Rockville, Maryland, this h,"t</
day of
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.1998.
U For the Nuclear Regulatory Commission.
/
l John C. Hoyle, Sociretary of the Commission.
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CONGRESSIONAL CORRBSPONDENG SYSTBf DOCUMENT PREPARATION GECIll5T 17is check list is to be submitted with each docztment (or group of Q,r/As) sentfor process into the CG
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