ML20236X544
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p nog Nd O UNITED STATES l ,j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20565 0001 o,
September 16, 1997 3'
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ahadur, Chief W
MEMORANDUM T0: Sh ste Management Branch Division of Regulatory lications Offife of Nucle r R y Research FROM- Irg4tbn Information and Records Management Branch Office of Information Resources Management
SUBJECT:
MISCELLANEOUS CHANGES TO 10 CFR PART 72. LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH LEVEL RADI0 ACTIVE WASTE, PROPOSED RULE We have reviewed the subject proposed rule for compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and request that you replace the Paperwork Reduction Act Statement with Attachment 1. The rule modifies information collections that must be submitted to OMB no later than the date the rule is published in the Federal Reaister.
We have placed publication of the rule on hold with the Office of Administration pending IRM approval of the OMB clearance )ackage. We are working directly with Mark Au of your staff to finalize t1e submittal.
Should you have any questions, please contact Herb Parcover at 415-7226.
Attachment:
As stated (cc: 'MIM. Au. R34 Lesar, ADM l
i 9808100080 900804 63 31364 PDR 7802f /d Co)D
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PAPERWORK REDUCTION ACT STATEMENT This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1995 (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 information collection requirements.
The public reporting burden for this information collection is estimated to average hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collection. The U.S. Nuclear Regulatory Commission is seeking public comment on the potential impact of the information collections contained in the proposed rule and on the following issues:
- 1. Is the proposed information collection necessary for the proper performance of the functions of the NRC, including whether the information will have practical utility?
- 2. Is the estimate of burden accurate?
- 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?
- 4. How can the burden of the information collection be minimized, including the use of automated collection techniques?
Send comments on any aspect of this aro)osed information collection, including suggestions for reducing tie )urden, to the Information and Records Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001, or by Internet electronic mail at BJS10NRC. GOV: and to the Desk Officer, Office of Information and Regulatory Affairs, NE0B-10202, (3150 0132), Office of Management and Budget Washington, DC 20503.
Comments to 0MB on the information collections or on the above issues should be submitted by (insert date 30 days after publication in the ,
Federal Reaister). Comments received after this date will be considered I if it is practical to do so, but assurance of consideration cannot be l given to comments received after this date.
Public Protection Notification If a document 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 an information collection.
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ggg Sh . Attachment 1 1
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psun p* -% UNITED STATES NUCLEAR REGULATORY COMMISSION
!f WASHINGTON, D.C. 20666-0001
%"o , , , , , * $ September 16, 1997 MEMORANDUM TO: Betty Golden Rules Review and Directives Branch Division of Freedom of Information and Publications Services ,
Off ce of AdmgistrpH FROM:
n M hf Informa and Records Management Branch Office of Information Resources Management
SUBJECT:
REQUEST FOR COMMENT AND CONCURRENCE ON THE PROPOSED RULE.
MISCELLANE0US CHANGES TO PART 72, LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH LEVEL RADI0 ACTIVE WASTE In response to your subject memorandum, the Information and Records Management Branch (IRMB) provides the following:
The Paperwork Reduction Act Statement (PRAS) is correct.
X Change the PRAS to Attachment 1.
N/A The "Information Collection Requirements: OMB Approval" section is correct.
Change the enclosed "Information Collection Requirements: OMB Approval" section to Enclosure 2.
X Do not publish the " Federal Register Notice" until further notice.
The " Federal Register Notice" can be published.
X Attached is a copy of the IRMB memorandum to the program office addressing our concerns.
A copy of the IRMB memorandum to the program office addressing our concerns will be forwarded at a later date.
An IRMB memorandum to the program office is not required.
Attachment:
As stated cc: M. Au, RES S. Bahadur, RES ANO ib buuO 2Y b
, 4 PAPERWORK REDUCTION ACT STATEMENT This proposed rule amends information collection requirements that are sub. ject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). l This rule has been submitted to the Office of Management and Budget for review and approval of the information collection requirements.
The public reporting burden for this information collection is estimated to average hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collection. The U.S. Nuclear Regulatory Commission is seeking public comment on the potential impact of the information collections contained in the proposed rule and on the following issues:
- 1. Is the proposed information collection necessary for the !
proper performance of the functions of the NRC, including whether the information will have practical utility?
- 2. Is the estimate of burden accurate?
- 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?
- 4. How can the burden of the information collection be minimized, including the use of automated collection techniques?
Send comments on any aspect of this >roposed information collection, including suggestions for reducing t1e burden, to the Information and Records Management Branch (T 6 F33), U.S. Nuclear Regulatory Commission.
Washington, DC 20555 0001, or by Internet electronic mail at BJS19NRC. GOV; and to the Desk Officer, Office of Information and Regulatory Affairs, NE0810202. (3150-0132), Office of Management and Budget, Washington, DC 20503.
C'omments to OE on the information collections or on the above issues should be submitted by (insert date 30 days after publication in the Federal Reaister). Comments received after this date will be considered
, if it is practical to do so, but assurance of consideration cannot be l given to comments received after this date.
Public Protection Notification If a document does not display a currently valid OE control number, the NRC may not conduct or sponsor, and a person is not required to respond to an information collection.
Attachment 1
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PAPERWORK REDUCTION ACT STATEMENTS l
l For rulemakings, the accompanying Commission Paper should contain a statement L similar to that in the rule.
NO INFORMATION COLLECTION REQUIREMENTS (Rulemakings only)
- 1. No Information Collection Requirements:
This proposed (or final) rule contains no information collection requirements and, therefore, is not subject to the requirements of the -
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
- 2. No Amendment to Existina Requirements:
This proposed (or final) rule does not contain a new or amended -
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- information collection requirement subject to the Paperwork Reduction Act l of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by l the Office of Management and Budget, approval number 3150- .
! 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.
i INFORMATION COLLECTION REQUIREMENTS l 3.
Prooosed Rulemakina and Prooosed Poliev Statement Containina New
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Information Collections:
This proposed rule 4cm proposed policy dotmaf) amends information collection requirements that are subject to the Paperwork Reduction Act of l 1995 (44 U.S.C. 3501 et seq). This rule (orP ry H sutement) has been submitted to the Office of Management and Budget for review and approval of the information collection requirements.
The public reporting burden for this information collection is estimated to average hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining E- -_ _ ___
.i e
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2 the data needed, and completing and reviewing the information collection.
The U.S. Nuclear Regulatory Commission is seeking public comment on the potential impact of the information collections contained in the proposed rule (orproposed7011cy statemeni] and on the following issues:
- 1. Is the proposed information collection necessary for the proper performance of the functions of the NRC, including l whether the information will have practical utility?
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- 2. Is the estimate of burden accurate?
l l 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?
- 4. How can the burden of the information collection be minimized,
, including the use of automated collection techniques?
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Send comments on any aspect of this proposed information collection, including suggestions for reducing the burden, to the Information and Records Management Branch (T 6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001, or by Internet electronic mail at BJS10NRC. GOV; and to the Desk Officer, Office of Information and Regulatory Affairs, l NE0B 10202, (3150 073% , Office of Management and Budget, Washington, DC l 20503.
- - Comments to OMB on the information collections or on the above issues l should be submitted by (insert date 30 days after publication in the Federal Reaister). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.
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 no required to respond to, the information collection.
L _
- 4. Prooosed Rulemakina Reducina the Reaulatory Burden: ^-
This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
This rule has been submitted to the Office of Management and Budget for
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AF6o ~t From: Markley Au 4/4 To: TWD1.TWP5.BJS1 Subjects Part 72 - Draft Proposed Rule - Miscellaneous Amendments As discuss with you on 1/15/98, I am providing you a copy of the subject proposed rulemaking and draft mark-up copy of an OMB Supporting Statement for your comment on the burden hour reporting requirements. Information handcarried 1/15/98 to IRM.
- 1. Section 72.75 (d) (2) s' L1 According to the SFPO/NMSS, there is no change,purden over the 1.2 hrs reported in the 1995. Since the burden is not expected to increase and it should not trigger the requirements of the Paperwork Reduction Act.
- 2. Section 72.140 Quality Assurance requirements permanent retention of records.
Annual burden is 1320 hours0.0153 days <br />0.367 hours <br />0.00218 weeks <br />5.0226e-4 months <br />. (Increase) - Refer draft OMB Supporting Statement.
CC: TWP8.PKH, TWP8.JMP1, WND1.WNP2.ENJ, WND1.WNP7.FIY l
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3/ / < Ru#A'7 fA*f Estimate of C-liance Burden R::-rtina Requirements (cont'd)
Number of Licensee Total Annual Licensee Licensee Responses Staff Hours Responses Annually Per Submittal Licensee Burden (Hrs) Cost Section 60 $7,980 0.05 1200 72.54(d) 0.01 40 0.4 $53 72.54(e) 72.54(f) Included in 72.54(d) 0.4 53 0.05 8 72.54(1)(2) 0.01 40 0.4 $53 72.54(j) 30 $3,990 0.05 600 72.54(k) See also OMB Clearance 3150-0028 f
120 $15,960 72.56 1 120 0 !
0 0 0 72.62(d) f No backfitting requirements anticipated.
This is a contingency provision.
$31,920 1 2 120 240 i 72.70(a)
$5,320 i
40 40 1
72.70(b) 0 0 72.74 0 1 This is a contingency pro 0.01 1 0.01. 1 72.75(a) 0.2 27 0.1 2 72.75(b) 0.2 27 72.75(c) 0.2 1 l
Included in 72.75(a), (b), and (c) !
72.75(d)(1) "
- 1. 2 i, 160 r 0.3 4 72.75(d)(2) 72.76 - See OM8 Clearance No. 3150-0004 72.78 - See OMB Clearance No. 3150-0003 1 $133 1 1 72.80(b) 2 $266 0.05 40 72.82(a)
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OMB SUPPORTING STATEMENT FOR //r g PROPOSED RULE. " MISCELLANEOUS CHANGES TO PART 72" (3150-0132)
Revision Description of Information Collection This clearance package covers the recordkeeping requirements of amendments to 10 CFR Part 72 " Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste." 5 72.75. "Reportint Requirements _foc_ spec 4fic cvents and-sonditions"-and 5 72.140. " Quality assurance requirements."
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- 4. -Sec-t4co-72-75-contarins-reporting-requirements-for specific-events-and - p.,st
.conditionsrincluding-the-requirement-in-5-72.75(d)(2)-for a~followrup i d
wrJtten-report-for-certain-types-of-emergency"and'non-emergency notifications #,
Seet-ion-72175(d)(2-)-also contains a-brief-description-of the type of - My information-to~be-included in the required report. This proposed-rulemaking
' h Mp will-clarify'the reporting requirements by incorporating more explicit-guidance regardingr the_information'necessary'for- these specific events ^and J~ / pv gfg conditions-reports /@
e
/. 4. Section 72.174 specifies that quality assurance (0A) records shall be maintained by or under the control of the licensee until the Commission terminates the license. However, 5 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 Appendix B QA 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 termination of the license.
A. JUSTIFICATION
- 1. Need for and Practical Utility of the Collection of Information
-Thedntent of this proposed rulemaking is to incorporate _certain M-Cp_ licenseireventJe) orts requirements delineated in-5~5D 73(b) into 5 72.75(d)(2). Tits-woulc clearly inforplicensees of the information necessary for NRC review of^these; reports to ensure >rotection of public health and safety. NRC's pxperfience has~been-that t1e brief description i in 5 72.75(d)(2) has not'been sufficient to elicit' sufficient information for-the~ staff to complete its review of a report > x l
necessitating follow-up contacts with the licensee to secure additional l l information.
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The intent for the proposed amendment to 5 72.140(d) would require that l 1
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a licensee using an Appendix B quality assurance program meet the requirement in s 72.174 to maintain quality assurance rec. 'ds until the NRC terminates the license. The maintenance of QA records beyond those required under Appendix B has been on a voluntary basis by the licensees ;
who have adopted an Appendix B OA program. There is no assurance that !
these additional records would be maintained in the future.
The information collection requirements of the amendment to 10 CFR Part 72 is identified below.
Ns 2.75 Reoortina requirements for soecific and conditions /
N Paragraph (d)(2) specifies that the licensees are required to subm writt'en eports. Each licensee who makes an initial report required by' paragrap (a) or (b) of this section shall submit a written follow-up/ report l within 3 Ndays of the initial report. Written reports prepared pursGant to i other regaTations may be submitted to fulfill this requirement if,the reports contain all of the s necessary information and the appropriate distribution is l made. These Wri<tten reports must be sent to the U.S. Nuclear Re'g ulatory ;
Commission, Document Control Desk. Washington DC 20555-0001.,with a copy to the appropriate NRCs8egional Office listed in Appendix D of 10 7 CFR Part 20.
These reports must include the following: e (1) A brief abstract describing
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the major occurrgn'ces during the event.
s including all component or s'ystem failures that contributed to the event and significant corrective action taken or planned to 3rsvent recurrence.
(2)(i) A clear, specific, narrative descrip(ion of what occurred so that
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knowledgeable readers conversant with the desig'n of ISFSI or MRS. but not i familiar with the details of a particdlar fac'ility, can understand the complete event. N
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(ii) The narrative description must includes the following specific information as appropriate for the particular event': N l (A) ISFSI or MRS operating conditions' before lhe event.
(B) Status of structures, componenti, or system' s that were inoperable at the start of the event and that contributed to the ev'ent.
! (C) Dates and approximate times of occurrences. 'N (D) The cause of each component or system failure or ' personnel error, if
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known. ,'
(E)Thefailuremode, mechanism,andeffectofeachfailbdscomponent, if or failures of_ components with multiple functions, inc de a list of systems or secondary functions that were also affected. N (G) For failure that rendered a train of a safety system inoperable an estimate of the elapsed time from the discovery of the failure until the train was returned ~to service (applies to wet spent fuel systems storage dnly)
(H) The method of discovery of each component or system failure or procedural error./
(I)(1)Operatoractionsthataffectedthecourseoftheevent. including \
operator errors, procedural deficiencies or both, that contributed to the N '
, event.
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(2) For each personnel error, the licensee shall discuss:
(1) Whether the error was a cognitive error (e.g. failure to recogniz'e the
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actual facility condition. failure to realize which systems should'be functioning, failure to recognize the true nature of the event) or a procedural error: ,
(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 rocedure:
activity (iii) Anyor task that unusual was not covered characteristics of thebywork an approved locatioo p/(e.g., heat, noise) that directly contributed to the error; and
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(iv) The type of personneli nvolved (i.e.. contractor personnel, utility-licensed operator, utility nonlicensed operator, other utility personnel). x -
(J) Automatically and manually ini.tiated safety system responses (wet spent fuel storage systems only). N /
(K) The manufacturer and model numbers (dr other identification) of each component that failed during the event'.N (L) The quantities, and chemical and'phy'sical forms of the spent fuel or HLW involved /
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(3) An assessment of the# safety consequences and implications of the event. This assessment mustA nclude the availability of other systems or components that could have' performed the same function as the components and systemsthatfaileddugingtheevent.
(4) A descri) tion of any corrective actions pl ned as a result of the event, including /.tlose to reduce the probability of similar events occurring in the future.
h, (5)Refbrencetoanyprevioussimilareventsatthesameplantthatare known to the licensee.
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.(6) The name and telephone number of a person within the licensee's orgapfzation 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
s 72.140 Ouality assurance requirements Paragraph (d) specifies that licensees under a previously Commission-approved quality assurance program which satisfies the a)plicable criteria of Appendix B to Part 50 of this chapter. and which is esta)lished, maintained, and executed with regard to an ISFSI. will be accepted as satisfying the
, requirements of paragra)h (b) of this section for an established quality
! assurance plan except tlat a licensee utilizing an Appendix B quality assurance program must also meet the recordkeeping requirement of 5 72.174.
Section 72.174 requires that the quality assurance records must be maintained by or under the control of the licensees until the Commission terminates the license.
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- 2. Acency Use of Information l
'coords maintained by the licensee will be used by the NRC inspectors to evaluate compliance with NRC regulations to assure that public health and safety are protected. The expanded reporting requirement would clearly inform licensees of the necessary information for the NRC staff's review of the report to ensure public health and safety.
- 3. Reduction of Burden Through Information Technoloav NRC encourages licensees to utilize any technology which reduces the burden of recordkeeping and reporting.
! 4. Effort to Identify Duplication and Use of Similar Information
- There is no similar information available to the NRC. The Information l Requirements Control Automated System (IRCAS) was searched for duplication.
i anc none was found.
- 5. Effort to Reduce Small Business Burden l
The NRC believes that there is no way to reduce the burden on small businesses by less frequent or less complete records while maintaining the required level of safety.
l 6. Consequences to Federal Program or Policy Activities if the Collection
- is Not Conducted or is Conducted of Less Freauency
! The consequences of less frecuent recordkeeping and reporting would be that there would be no basis for demonstrating compliance with the required level of safety through the NRC inspection program.
l 7. Circumstances Which Justify Variation from OMB Guidelines There are no variations from OMB guidelines.
- 8. Consultations Outside the Agency Not applicable.
- 9. Payment or Gift to Respondents Not applicable.
- 10. Confidentiality of Information l No information normally considered confidential is requested.
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- 11. Justification for Sensitive Information No sensitive information is requested under these regulations.
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- 12. Estimated Burden and Burden Hour Cost
-EJ2,75( d)G)--Report i ng-requ i rement- o f-160 - hours 44-brs-per- response-X-40-responses ) .
5 72.140(d) - Recording requirements of 1320 hours0.0153 days <br />0.367 hours <br />0.00218 weeks <br />5.0226e-4 months <br /> (38 hrs. per response X 40 responses).
Total annual burden - 148Q hours
/32.0
- 13. Estimated of Other Additional Costs None.
- 14. Estimated Annualized Cost to Federal Government be 2~1- hours --The_estklated
)er NRC liceiis~ee burden on the.d-40JRC_
petryear'ran licensees..NRC-to-revib At a cost of $125 Tr'Ep3 per hour, tle annyal-cost ~t6 NRC is $10000 annua 11'FPThis cost-is-fully _.
recovered l V 'through fee assessments to NRC licensees pursuant to 10 CFR Part
/ % The estimated burden on the NRC to review reports is estimated to be 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per NRC licensee per year and 40 NRC licensees or 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> for all NRC licensees. At a cost of $125 per hour, the annual cost to NRC is $5000 annually. This cost is fully recovered through fee assessments to NRC licensees pursuant to 10 CFR Part 171.
- 15. Reasons for Chance in Burden or Cost
- 1. The amendment increases recordkeeping requirements in 10 CFR Part 72.75(d) which is necessary to ensure that the NRC has appro)riate events and conditions information in reports to ensure protection of pu)lic health and safety.
- 2. The amendment adds recordkeeping requirements to 10 CFR Part 72.140(d) to ensure that licensees under 10 CFR Part 50. Appendix B quality assurance program maintain quality assurance records until the Commission terminates the license. This amendment would require such licensees to follow the 10 CFR Part 72.174 requirement to maintain 0A records until termination of the license by the NRC.
- 16. Publication for Statistical Use There is no application to statistics in the information collected. There is no publication of this information. i
- 17. Reason for Not Disolavina the Exoiration Date The requirement will be contained in a regulation. Amending the Code of Federal Regulations to display information that, in an annual publication.
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I could become obsolete would be unduly burdensome and too difficult to keep current.
- 18. Exceotions to the Certification Statement i Not applicable. I
- 19. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS Not applicable.
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P72PAPAPR ,
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JAN 15, $96
[7590-01-P]
. NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AF80 Miscellaneous Changes to 10 CFR 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 (NRC) is proposing to amend its regulations
' to correct several inconsistencies and to clarify certain sections of the regulations.
DATES: The comment period expires (60 days after publication). Comments received after i 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.
ADDRESSES: Send comments by mail or addressed to the Secretary, U.S. Nuclear I
Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff.
Hand-deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between 7:30 am and 4:15 pm on Federal workdays.
I You may also provide comments via the NRC's interactive rulemaking web cite 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 docaments 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 licansing requirements for the independent storage of 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 2
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clarifications to the regulations are necessary. This proposed rulemaking would make eight 1
miscellaneous changes to 10 CFR Part 72.
Discussion of Proposed Amendments ;
- 1. Modify @@ 72.1 and 72.2 to include spent fuel storage cask and delete the superseded information.
The purpose (@ 72.1) and scope (@ 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 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 is not referenced. This rulemaking would make the purpose and scope sections complete by specifically referencing the Subpart L cask approval process. This rulemaking would also delete information in the purpose and scope sections regarding the Federal interim storage program since the time for its implementation has expired (61 FR 35935; July 9,1996).
- 2. Change requirement for making initial and written reports in @@ 72.4 and 72.216.
This change would be made to S 72.4 to provide that, except where otherwise specified, all communications and reports are to be addressed to NRC's Document Control Desk rather i
than to the Director, Office of Nuclear Material Safety and Safeguards. Three current 3
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regulations govern the submission of written reports under Part 72 (99 72.75,72.216(b), and 50.72(b)(2)(vii) that is referenced in S 72.216(a)). Under @ 72.75 a report is sent to the Document Control Desk; however, the two other paragraphs dire-t that the report be sent as instructed in 9 72.4, which specifies that reports be addressed to the Director, Office of Nuclear Material Safety and Safeguards. To achieve consistency, @ 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 would ensure proper docketing and distribution. Also, S 72.216(c)is being changed to correct an error. The current regulation references
$$ 72.75(a)(2) and (3); the reference should be revised to @ 72.75(b)(2) and (3).
- 3. Change requirement for submittal of dry cask storage effluent report in 9 72.44.
Currently, S 72.44(d)(3) requires 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) 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.
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.
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- 4. Clarify reporting requirements for specific events and conditions in S 72.75 Section 72.75 contains reporting requirements for specific events and conditions, including the requirement in S 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 information to be included in the required report. In the past, this brief description has not elicited enough information for the NRC to complete its review of a report, necessitating follow-up contacts with the licensee to secure additional information. Many requirements for the content of reports appropriate for reporting independent spent fuel storage installation (ISFSI) or monitored retrievable storage (MRS) events and conditions are found in S 50.73(b), which NRC staff has used as guidance. The proposed rulemaking would place those requirements in 72.75(d)(2) to clearly inform licensees of the information necessary for the NRC staffs review of a report.
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- 5. Clarify requirement for capability for continuous monitoring of confinement storage systems in S 72.122(h)(4).
Currently, 72.122(h)(4) requires the capability for continuous monitoring of storage j 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 l systems are not needed and monitoring can be less frequent. This rulemaking would clarify l
i that the frequency of monitoring can be different for wet and dry storage systems. I 5
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- 6. Clarify requirement specifying instrument and control systems for 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 would clarify 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 9 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 i
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. This proposed rulemaking would l
[. clarify that 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.
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8, Clarify requirements in @ 72.140(d) concerning the previously approved quality assurance program in conformance with Appendix B of 10 CFR Part 50.
l Section 72.174 specifies that quality assurance (QA) records must be maintained by or s t
l under the control of the licensee until the Commission terminates the license. However, 6 72.140(d) allows a holder of a Part 50 license to use its approved Part 50, Appendix B, QA l 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, 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 support of Part 72 activities. This proposed rulemaking 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 of the types of action desetibed as a categodcal exclusion in 10 CFR 51.22(c)(2) and items 2,3,4 and 8 of f I
i the proposed rule are the types of action described as a categorical exclusion in 10 CFR i
f 51.22(c)(3). Therefore, neither an environmental impact statement nor an environmental i
assessment has been prepared for this proposed regulation.
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Paperwork Reduction Act Statement l
1 Item 4 of this proposed rule amends information collection requirements that are subject
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1 to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). This rule has been submitted j to the Office of Management and Budget for review and approval of the information collection requirements.
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The public reporting 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 response, including the time for reviewing instructions, searching existing data ,
sources, gathering and maintaining the data needed, and completing and reviewing the i l
information collection. The U.S. Nuclear Regulatory Commission is seeking public comment on the potential impact of the information collections contained in the proposed rule and on the following issues:
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- 1. Is the proposed information collection necessary for the proper performance of the functions of the NRC, including whether the information will have practical utility?
- 2. Is the estimate of burden accurate?
- 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?
- 4. How can the burden of the information collection be minimized, including the use of automated collection techniques?
l Send comments on any aspect of this proposed information collection, including suggestions for reducing the burden, to the Information and Records Management Branch (T-6 8
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F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by Internet electronic mail at BJSi@NRC. GOV; and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202, (3150-0132), Office of Management and Budget, Washington, DC 20503.
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Comments to OMB on the information collections or on the above issues should be submitted by (irisert date 30 days after publication in the Federal Register). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.
l 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, the information collection.
l Regulatory Analysis l
The Commission has prepared a draft regulatory analysis on the proposed rule change to clarify 72.75(d)(2) to include a requirement to report information on events and conditions that are found in @ 50.73(b) and to clarify 72.140(d) to amend regulatory requirements to j ensure that all Part 72 licensees, including those who have adopted a 9
QA program under Appendix B to Part 50, currently maintain the QA records that are prescribed in S 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 Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 41G-6181, e-mail mia@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. These companies do not fall within the scope of the definition of "small entities" set forth in the Regulatory Flexibility Act or the Sma:i Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
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Backfit Analysis l 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 i
defined in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this proposed rule. I 10 l
List of Subjects in 10 CFR Part 72 !
j Manpower training programs, Nuclear materials, Occupational safety and health, 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 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:
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.
5841,5842,5846); Pub. L.95-601, sec.10,92 Stat. 2951 (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.97-425, 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. 100-203,101 l
Stat.1330-232,1330-236 (42 U.S.C.10162(b),10168(c), (d)). Section 72.46 also issued under 11 l
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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, 9r .at. 2202,2203,2204,2222,2224 (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. 218(a),96 Stat. 2252 (42 U.S.C.10198).
- 2. Section 72.1 is revised to read as follows: I 6 72.1 Puroose.
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 these licenses. The regulations in this part also establish requirements, procedures, and criteria for the issuance of licenses to the Department of Energy (DOE) to receive, transfer, package, and
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possess power reactor spent fuel, high-level radioactive waste, and oiner radioactive materials associated with the spent fuel and high-level radioactive waste storage, in a monitored l
l retrievable storage installation (MRS). Furthermore, the regulations in this part also establish l 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:
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6 72.2 Scone. -
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I (f) Certificates of Compliance approving the use of spent fuel storage casks shall be 1
issued in accordance with the requirements of this part as stated in S 72.236.
- 4. Section 72.4 is revised to read as follows:
6 72.4 Communications.
Except where otherwise specified, all communications and reports conceming the regulations in this part and applications filed under them should be addressed to the U.S.
Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001.
- 5. In $ 72.44, paragraph (d)(3) is revised to read as follows :
6 72.44 License conditions.
(d)
(3) An annual report be submittec 'o the t'.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 206o5-0001, specifying the quantity of each of the principal radionuclides released to the environment in liquid and in gaseous effluents during the 13 l
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. By this report and any additionalinformation 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 reporta must be no longer than 12 months.
- 6. In @ 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:
$ 72.75 Reoortina requirements for soecific events and conditions.
(d)
(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 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 component or system failures that contributed to the event and significant corrective action taken or planned to prevent recurrence; i
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(ii) A clear, specific, narrative description of what occurred so that knowledgeable i l
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; i
(D) The cause of each component or system failure or personnel error, if known; (E) The failure mode, rnechar i, and effect of each failed component, if known; (F) A list of systems or secondary functions that were also affected for failures of components with multiple functions; (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 train was returned to service; (H) The method of discovery of each component or system failure or procedural error; I (l)(1) Operator actions that affected the course of the event, including operator errors, procedural deficiencies, or both, that contributed to the event; (2) For each personnel error, the licensee shall discuss:
(0 Whether the error was a cognitive error (e.g., failure to recognize the actual facility
.indition, failure to realize which systems should be functioning, failure to recognize the true I
nature of the event) or a procedural error; l l i l
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(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 task that was not covered by an approved procedure; (iii) Any unusual characteristics of the work location (e.g., heat, noise) that directly contributed to the error; and (iv) 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 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; (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 l
performed the same function as the components and systems that failed during the event; (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 similarisvents 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;
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(7) The extent of exposure of individuals to radiation or to radioactive materials without identification of individuals by name.
- 7. In g 72.122, paragraphs (h)(4) and (i) are revised to read as follows:
I 6 72.122 Overall Requirements (h)
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(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 dry storage. periodic monitoring is sufficient i
provided that periodic monitoring is consistent with the cask design requirements. The l monitoring period must be based upon the cask design requirements.
(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 requirements to monitor conditions that are important i
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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.
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l (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 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 analysis before use, and showing that significant degradation of the neutron absorbing materials cannot occur over the life of the facility.
- 9. In 6 72.140, paragraph (d) is revised to read as follows:
6 72.140 Quality assurance requirements.
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(d) Previously approvedprograms. 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 ISFSI will be accepted as satisfying the requirements of paragraph (b) of this section except that a licensee using an Appendix B quality assurance program shall also meet the requirement of 9 72.174 for recordkeeping. Prior to first 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 shall identify the program by date of submittal to the Commission, docket number, and date of l Commission approval.
- 10. In $ 72.216, paragraph (c) is revised to read as follows:
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1 6 72.216 Reoorts.
(c) The general 1:.mnsee shall make initial and written reports in accordance with
%$ 72.74 and 72.75, except for the events specified by 9 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 day of .1997.
For the Nuclear Regulatory Commission.
John C. Hoyle, Secretary of the Commission.
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Doc. Name: O:%U\P72E.PR6 12/9/97 l
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