ML20236X500
| ML20236X500 | |
| Person / Time | |
|---|---|
| Issue date: | 08/15/1997 |
| From: | Gagner S NRC |
| To: | Au M NRC |
| Shared Package | |
| ML20236W816 | List:
|
| References | |
| FRN-63FR31364, RULE-PR-72 AF80-1-036, AF80-1-36, NUDOCS 9808100050 | |
| Download: ML20236X500 (22) | |
Text
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,rx From Sue Gagner To: TWD2.TWP9,MLA
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Dates 8/15/97 4:27pm subjects Proposed rule After reviewing the material you brought over on the proposed amendmente to Part 72, Public Affairs has determined that no press release is needed for these minor changes.
i Thank you for remembering to consult with us.
Cheers, Sue
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Proposed Rule Miscellaneous Changes to 10 CFR Part 72 Licensing Requirements for the Independent Storage of l Spent Nuclear Fuel and High-Level Radioactive Waste i
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- [7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 72 RIN 3150-Miscellaneous Changes to 10 CF?. Part 72.
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 i
regulations to correct several inconsistencies and to clarify certain sections 1 in 10 CFR Part 72.
DATES: The comment period expires (75 days after publication). Comments
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received after this date will be considered if it is practical to do so but the Commission is able to assure consideration only for comments received on or before this date.
l ADDRESSES: Send comments to: Secretary. U.S. Nuclear Regulatory Commission.
Washington, DC 20555-0001. Attention: Docketing and Service Branch. 4 Hand deliver comments to 11555 Rockville Pike. Rockville. Maryland.
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! between 7:45 a.m. and 4:15 p.m. on Federal workdays.
For information on submitting comments electronically, see the I
- discussion under Electronic Access.
Certain documents related to this rulemaking, including comments received and the environmental assessment and finding of no significant impact, may be examined at the NRC Public Document Room. 2120 L Street NW.
(Lower Level). L 'aington, DC. These same documents may also be viewed and downloaded electronically via the Electronic Bulletin Board esteMished by NRC for this rulemaking a discussed under Electronic Access.
Electronic Access You may access the NRC's interactive rulemaking web site through the NRC home page (http://ww.nrc. gov). The site provides the availability to upload comments as files (any format) if your web browser supports that function.
FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory Commission. Washington, DC 20555-0001, telephone (301) 415-6181. e-mail mla@nrc. gov.
SUPPLEMENTARY INFORMATION:
Background
l The Commission's licensing requirements for the independent storage of l
spent nuclear fuel and high-level radioactive waste are specified in 10 CFR Part 72. Experience in applying Part 72 has indicated that it is not adequate in some respects and that certain additions and clarifications to the rule are necessary. This proposed rulemaking would make eight miscellaneous changes to 2
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l 10 CFR Part 72. 1 Discussion l
Eight Miscellaneous Proposed Amendments to 10 CFR Part 72
- 1. Modify 96 72.1 and 72.2 to include spent fuel storage cask and delete superseded information.
The purpose (9 72.1) and scope (s 72.2) sections of Part 72 were not modified when the Commission amended Part 72 in 1990 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 for the approval of spent fuel storage casks (Subpart L).
Although the language in these . sections may be read to include the general l license provisions of subpart K, it does not reference the approval process for spent fuel storage casks in Subpart L. This rulemaking will make the l l
l purpose and scope sections more complete by specifically referencing the l' Subpart L cask approval process. This rulemaking will also delete information in the purpose and scope sections regarding the Federal interim storage program since the timeframe for its implementation has expired (61 FR 35935.
l July 9. 1996).
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- 2. Change requirement for making initial and written reports in 55 72.4 and 72.216)
An administrative change needs to be made to 9 72.4 to provide that.
except where otherwise specified, all communications and reports be addressed to NRC's Document Control Desk rather than to the Director. Office of Nuclear Material Safety and Safeguards. At present, three regulations govern the submission of written reports under Part 72: (1) 9 72.75. (2) 5 72.216(b).
and (3) 6 50.72(b)(2)(vii) (which is referenced in 6 72.216(a)), Under 6 72.75 a report is sent to the Document Control Desk: however, the two other paragraphs direct that the report be sent as instructed in 5 72.4 which specifies that reports be addressed to the Director. Office of Nuclear Material Safety and Safeguards. To achieve consistency in the NRC addressee for Part 72 reports. 6 72.4 is being revised to instruct that reports be sent to the Document Control Desk. Directing licensing correspondence to the NRC's Document Control Desk will ensure proper docketing and distribution. Also.
6 72.216(c) is being changed to correct an error. The present regulation !
references El 72.75(a)(2) and (3). The reference should be to 66 72.75(b)(2) and (3). i
- 3. Change Requirement for Submittal of Dry Cask Storage Effluent Report in 6 72.44.
Current regulations in 5 72.44(d)(3). " License Conditions." require submittal of a dry cask storage effluent report to the appropriate NRC regional office within the first 60 days of each year. Section 50.36a(a)(2).
l " Technical specifications on effluents from nuclear power reactors." requires that a similar report be submitted to the Commission once each year specifying liquid and gaseous effluents from reactor . operations.
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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 interval of time between submission of these reports would be no longer than 12 months.. However, during the phase in period after the effective date of the rule, the licensee may submit reports for a shorter period of time period for the first report in order to get on the same reporting schedule for the annual reactor effluent report.
- 4. Clarify 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 5 72.75(d)(2) for a follow-up written report for certain types of emergency and non-emergency notifications.
Section 72.75(d)(2) also contains a brief description of the type of j information to be included in the required report. Staff's experience has been that this brief description has not been sufficient to elicit sufficient l
information for the staff to complete its review of a report, necessitating l follow-up contacts with the licensee to secure additional information. Many requirements for the content of reports appropriate for reporting Independent l Spent Fuel Storage Installation (ISFSI) or Monitored Retrievable Storage (MRS) i events and conditions are found in 5 50.73(b) which staff has used as guidance. The proposed rulemaking would place appropriate 6 50.73(b) requirements in 5 72.75(d)(2) and thereby clearly inform licensees of the information necessary for the staff's review of a report.
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- 5. Clarify requirement for capability for continuous monitoring for confinement storage systems (9 72.122(h)(4))
Under current regulations. 9 72.122(h)(4) requires the capability for continuous monitoring of storage confinement systems. The meaning of 1
" continuous" is open to different interpretations 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 which is " continuous" in the sense of uninterrupted. On the other hand, because of 1 the passive nature of dry storage, active heat removal systems are not needed i
and monitoring can be'less frequent. This rulemaking would clarify that the l frequency of monitoring can be different for wet and dry storage systems.
- 6. Clarify requirement specifying instrument and control systems for i
monitoring dry spent fuel storage in 9 72.122(i). '
Section 72.122(i) requires that instrumentation and control systems be provided to monitor systems important to safety and 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 removal is used and a control system is not required. This proposed change will clarify I that control systems are not needed for dry storage systems.
- 7. Clarify requirement for dry spent fuel storage cask on methods of criticality control in 72.124(b)
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l Section 72.124(b) requires specific methods for criticality control, including the requirement that where solid neutron absorbing materials are used, the design shall 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 dry spent fuel storage casks are sealed and it is not practical to penetrate the integrity of the cask to make the measurements for verifying the efficacy of neutron absorbing materials. Moreover, the potentially corrosive environment under wet storage conditions is not present in dry storage systems since an inert environment is maintained. This proposed rulemaking will clarify that positive means for verifying the continued efficacy of solid neutron absorbing materials are not required for dry storage systems. .
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- 8. Clarify requirements in 9 72.140(d) concerning previously Commission approved quality assurance prog am conforming to Appendix B of 10 CFR Part 50 ;
l l Section 72.174 specifies that quality assurance (0A) records sball be maintained by or under the control of the licensee until the Commisslon terminates the license. However, s 72.140(d) allows a holder of a Part 50 )
license to use its approved Part 50. Appendix B 0A program in place of the Part 72 OA requirements, including the requirement for 0A records. Appendix B allows the licensee to determine what records will be considered permanent records, using Regulatory Guide 1.28. Thus. Part 50 licensees utilizing an l
Appendix B OA program could choose not to make permanent all records generated !
in support of Part 72 activities. This proposed rulemaking will require such licensees to follow the Part 72 requirement to maintain OA records until 7
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termination of the license.
Finding of No Significant Envir'onmental Impact: Availability The Commission has determined under the National Environmental Policy Act of 1969. as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51 that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and therefore an environmental impact statement is not required.
Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
Public reporting burden for this collection of information 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 response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the l
Information and Records Management Branch (T-6F-33). U.S. Nuclear Regulatory Commission. Washington. DC 20555-0001: and to the Paperwork Reduction Project (3150-0132). Office of Management and Budget. Washington, DC 20503.
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Regulatory Analysis The Commission has prepared a draft regulatory analysis on the proposed rule change to clarify 6 72.75(d)(2) to include reporting informat' ion requirements for events and conditions that are found in s 50.73(b) and to clarify 5 72.140(d) to amend regulatory requirements to ensure that all Part 72 licensees, including those who have adopted an Appendix B quality assurance (OA) program, currently maintain the OA records which are prescribed in 5 72.174 as permanent records. The analysis examines the costs and benefits of the alternatives considered by the Commission. The draft analysis is available for inspection in the NRC Public Document Room. 2120 L Street NW (Lower Level). Washington. DC. Single copies of the analysis may be obtained from M. L. Au, Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory Commission. Washington. DC 20555-0001. telephone (301) 415-6181, e-mail mla@nrc. gov.
The Commission requests public comment on the draft analysis. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980. (5 U.S.C.
605(b)) the Commission certifies that this rule will not, if promulgated.
have a significant economic impact on a substantial number of small entities.
This proposed rule affects only the operators of nuclear power plants and fabricators of spent fuel storage casks. These companies do not fall within 9
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the scope of the definition of "small entities" set forth in the Regulatory Flexibility 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 in not required for.this proposed rule.
4 List of Subjects
- Part 72 - Reporting and recordkeeping requirements. Spent fuel storage l For the reasons set out in the preamble and under the authority of the l Atomic Energy Act'of 1954, as amended, the 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 Parts 40 and 72.
PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR I-FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE
- 1. 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):
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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.
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. 131. 132. 133, 135. 137. 141. Pub. L. 97- l 425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148. Pub. L. 100-203. 101 Stat.
1330-235 (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.
I 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b). 10168(c). (d)). ;
i Section 72.46 also issued under sec. 189. 68 Stat. 955 (42 U.S.C. 2239): sec. 'j 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. 2203, 2204, 2222, 2224 (42 U.S.C.
10101. 10137(a). 10161(h)). Subparts K and L are also issued under sec. 133. l l
98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a). 96 Stat. 2252 (42 U.S.C. l 10198).
i FEDERAL REGISTER CITATION: December 14. 1994: 58 FR 64285.
DESIRED AUTHORITY CITATION: Yes SECTION LEVEL AUTHORITIES TO BE REMOVED: None.
- 2. Section 72.1 would be revised as follows:
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l'72.1 Purcose.
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 installation (ISFSI) and the terms and conditions under which the Commission will issue such licenses.
. including licen:cc to th U.S. Depart:cnt of Encrgy (DOE) for the provi icn of not more than 1900 mctri ton: cf spent fucl capacity at facilitic: not cvened by the Federal Government on January 7.1983 for the Federal interim ctorage program under Subtitle S Interi"' Storage Program of the Nuclcar h'::tc Policy ,^ct of 1982 ("WP^J. -The regulations in this part also establish requirements, procedures, and criteria for the issuance of licenses to DOE to
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receive, transfer, package, and' possess power reactor spent fuel, high-level radioactive waste, and other radioact'ive materials associated with the spent l
. fuel and high-level radioactive waste storage, in a monitored retrievable
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storage installation (MRS). FuFthermoreMtheM5gul ati~on5fi riT thi slya tt[5150 e5tabl i s[rsdui FErsentQFocsdures ?and [chiftEH Eif6d theM ssdanEd[6f j Csrti fi ?hteslofiCompli a.ncM spprovi nd[spshtifdellitoMss] cask 5.
t i 3. Section 72.2 would be revised as follows:
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- l Delete i 72.2(e) -- superseded information regarding the Federal interim storage program. The existing 6 72.2(f) will become new 12
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- 4. Section 72.4 is revised to read as follows:
5 72.4 Communications Except where otherwise.specified, all communications and reports concerning the regulations in this part and applications filed under them should be addressed to the Director. Office of Nuclear Material and Safeguards. U.S. Nuclear Regulatory Commission. A.TTNR06_d0_mshtiC.6.h. _ ~- t.fo_l?D..esk. ? (
Washington, DC 20555-0001.
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- 5. Section 72.44. paragraph (d)(3) is revised to read as follows :
(3) An annual report be submitted t6ithdliO;SBNJcissrl]R69ulatbFy Com_njissi...o. C._A..TT_NID6. 50msn._tL.C6._n.t_f61s. Dss _kisWahhing~tod_M_DC/2.0555?Nith.
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.within 50 day: after January 1. Of cach year. specifying the quantity of each l 13 L
of the principal radionuclides released to the environment in liquid and in 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 1
! the basis of this report and any additional information the Commission may obtain from the licensee or others, the Commission may from time to tiro l l
! require the licensee to take such action as the Commission deems appropriate.
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Section 72.75(d)(2) would be revised as follows:
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Delete 99 72.75(d)(2)(i), (ii). (iii). (iv). (v). and (vi).
(2) Written report. 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 l
the reports contain all of the necessary information and the appropriate distribution is made. These written reports must be sent to the U.S. Nuclear Regulatory Commission. Document Control Desk. Washington, DC 20555-0001. with a copy to the appropriate NRC Regional Office listed in Appendix D of 10 CFR l
Part 20. These reports must include the following:
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i event;! including l;;thohe tdfr6 duce the^ probabilityfor similarl events occurFin;g 1.nitheifdturs'l (5)jRefsrenge~tofahyTprevi66s.:Jsimilar- eventFatf thsj sams "p15htsthat. ars known?Wths1.-1icessee? l I 7 (6)lThe n5meland telephonelnUmber of Talpsrs6n withistthe;1ibenseefs 6fgadi zati dn Lwh'ol i s!kn6W] edgea bl s.:. ab.obtit he7evsnt { andicah fo'vi ds/sddi ti ons1 informa.ti~on fc6ncerni n[ths (sysnt"a nditheTpl ant 's;f hha ra cteri st i cs ; (7);Thsiextsnt{of skpos~nts'offindividualsito; radiation 7or td[ radioactive materi hl s ?si t houtli denti fi cati onToffindi v idual s; byj name
- 7. Section 72.216, paragraph (c) is revised and corrected to read as follows:
(c) The general licensee shail make initial and written reports in accordance with 5672.74 and 72.75, except for the events specified by , 95 72.754+(b)(2) and (3) for which the initial reports will be made under paragraph (a) of this section.
- 8. Section 72.122(h)(4) would be revised as follows:
(4) Storage confinement systems must have the capability for continuous monitoring 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 l 17 m
a dryfstoragespdriodic monitbringLisisufficient/p.rovided that1 periodic monitoringlisTconsistenti with?the ' cask' design l requi rements ? Thejmonitoring psriod;;shall:be basedsupon;theLcaskVdesi6n requirements)
- 9. Section 72.122(i) would be revised as follows:
(i) Instrumentation and control systems. Instrumentation and control systems for wetispentifdelystorage 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. Instrumentationisistemsifor: dry @ent; fuel storagelcasks
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must{be/providedLinfac'c6rdance withiask*designfrequir.ements to; monitor. l conditionsLthat are importantTtotsLafety 6verfanticipated rangds foFl normal c 66nditionsand[off-normal' conditions.: Syst' ems 1that? ar required;under
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abcidsnt"condi tions' must'; be' i denti fi ed Jin. thel Safetf7 Analysi s' Repo'rti
- 10. Section 72.124(b) would be revised as follows:
(b) Methods of criticality 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 r.eutron absorbing materials are used, the design shall provide for positive means of verifyir g their continued efficacy. Fors dfy}spehtifuelistorageisystemshtheicontinued efffdacy;may;be[ confirmed by[demonstrationtbefofeEusefand anTanalysisishowing that[signifid6nt?degradationfofitheTheutr'on?absorbingTmaterials cannotToccur 18 l l _ - _ - - - - - - - _ _ - _ - - - - - -
oveWtheg11fe(of!thelfacilityl l Section 72.140(d) would be revised by adding the following sentence at the end of the first sentence: (d) Previously approved programs. A Commission-approved quality assurance program which satisfies the applicable criteria of Appendix B to l Part 50 of this chapter and which is established, maintained, and executed 1 with regard to an ISFSI will be accepted as satisfying the requirements of l paragraph (b) of this section exceptlthatLhlicensee Utilizinglan AppendiyB J qiialityjassurande program must7also meetithefrequireme'ntiof !i 70174?for recordkeeping. Prior to first use, the licensee shall notify the Director, Office of Nuclear Material Safety and Safeguard. U.S. Nuclear Regulatory Commission. Washington. DC 20555-0001. of its intent to apply its previously l l r 19
approved appendix B program to ISFSI activities. The licensee shall identify the program by date submittal to the Commission, docket number, date of Commission approval.
)
Dated at Rockville, Maryland, this day of . 199_. For the Nuclear Regulatory Commission. John C. Hoyle. Secretary of the Commission. P72.PR 8/20/97 l l l
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