ML20236X570
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.fC f h 4 UNITED STATES j 'j i
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
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,o January 29, 1998 h MEMORANDUM TO: Samuel J. Collins, Director ,
Office of Nuclear Reactor Regulation Jesse L. Funches' ,
Chief Financial Officer Anthony J. Galante Chief Information Officer.
Brenda J. Shelton, Chief Information and Records Management Branch Office of the Chief Information Officer p . .
Karen D. Cyr, General Counsel Office of the General Counsel David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration
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FROM: Donald A Cool, Director '
Division of industrial and Medical Nuclear Safety, NMS9'
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SUBJECT:
PROPOSED RULE: MISCELLANEOUS CHANGES TO 10 CFR PART 72, LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Your concurrence is requested on the attached Commission paper transmitting a proposed rule - 'l
=-f-f-:::' g a group of miscellaneous items that would correct several inconsistencies and provide clarificatum to certair, sections of 10 CFR Part 72. NMSS and NRR will coordinate with the Regions on this proposed rule, as appropriate. ;
l In SECY-97-069 dated March 28,1997, the staff submitted a Rulemaking Plan to the Commission for approval to make a number of miscellaneous changes to 10 CFR Part 72. In s !
Staff Requirements Memorandum (SRM) dated April 24,1997, the Commission advised that it I had no objection to the implementation of the Rulemaking Plan subject to three minor changes.
The staff has reconsidered exempting from the regulatory requirements of 10 CFR Part 40 the l item in the rulemaking plan conceming the exemption of the use of natural or depleted uranium i
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in spent fuel storage casks. This is based on the consideration that neither the likely
! configurations nor the quantity of natural or depleted uranium to be in the casks is known.
l In addition, the staff believes that it would be pr ,ient to defer this issue until the current re-l evaluation of all exemptions for source and h. product material, including the exemption provisions in S 40.13(c)(6) for natural or c'spleted uranium used in shipping casks, is completed, and potential doses to workers at fabricator facilities can be more fully evaluated. The re-evaluation is scheduled to be completed by the end of FY 98. This item is discussed further in the attached Commission Paper.
The following is a summary of this request:
- 1. Iitle: Proposed rule: Miscellaneous Changes to 10 CFR Part 72, Licensing i Requirements for the Independent Storage of Spent Nuclear Fuel and High- i
- Level Radioactive Waste
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- 2. Task Leader: M. L. Au, NMSS/IMNS 415-6181
- 3. Workina Grouo: F. Young, NMSS/SFPO 415-3207 N. Jensen, OGC 415-1637
- 4. Steerino Group: No
- 5. Enhanced Public Participation: No
- 6. Compatibility for Aareement States: No !
- 7. Reauested Action: Office Concurrence. Due to EDO 2/20/98
- 8. Reauested Comotetion Date: Fourteen day.after date of this memorandum. To meet the EDO due date a meeting will be tentatively scheduled for the week of February 9th.
This meeting will be io discuss and resolve any issues and concems that are delaying ,
concurrence. Please plan on having an official who can concur for your Office available )
for this meeting.
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S. J. Collins et al 3
- 9. Resources and Coordination: It is anticipated that 0.85 NRC FTEs will be needed to complete this action (0.65 NMSS, and 0.2 all other). These resources are within existing budget allocations. Copies of this concurrence package have been forwarded to IG for information.
Attachment:
Commission Paper w/ attachments cc w/atts.: H. T. Bell, OlG W. Beecher, OPA C. J. Paperiello, NMSS W. F. Kane, NMSS H. Miller, Region 1/ ORA L. Reyes. Region ll/ ORA A. Beach, Reginn lil/ ORA E. Merschoffc .%gion IV/ ORA ,
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- 9. Resources and Coordination: It is anticipated that 0.85 NRC FTEs will be needed to complete this action ( 0.65 NMSS, and 0.2 all other). These resources are within existing budget allocations. Copies of this concurrence package have been forwarded to IG for information.
Attachment:
Commission Paper w/ attachments cc w/atts.: H. T. Bell, OlG W. Beecher, OPA C. J. Paperiello, NMSS W. F. Kane, NMSS H. Miller Region 1/ ORA L. Reyes, Region ll/ ORA A. Beach, Region Ill/ ora E. Merschoff, RegionlV/ ORA DISTRIBUTION: :0:MUiP72OFFC5.PR6 Central f/c NJensen IMOB r/f PHolahan JPiccone LRiani MLesar CGallagher FYoung DMendiola nThadani, DEDO IMNS Ticket No. 970565 EDO WITS No. 9600162 DOCUMENT NAME:0:%U\P72OFFC5.PR6 See Distribution on next page *See previous concurrence OFC IMOB iMNs NQSI DA@An , D/IM_MV ,/
NAME 'MAu b he yh DATE I / '2 h/97 / /98 // 8 / Y/97 OFFICE RECORD COPY NMSS FILE CODE:
COMMISSION PAPER l
1 EQE: The Commissioners FROM L. Joseph Callan, Executive Director for Operations
SUBJECT:
PROPOSED RULE: MISCELLANEOUS CHANGES TO 10 CFR PART72 LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAILFUEL AND HIGH-LE kEL RADIOACTIVE WASTE PURPOSE
- To obtain Commission approval of a proposed rule to amend 10 CFR Part 72 to correct several inconsistencies and to clarify certain sections.-
ISSUE
- The Commission's licensing requirements for the independent storage of spent ntclear 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. The changes would differentiate the requirements for the storage of spent fuel under wet and dry conditions, clarify requirements for the centent and submission of various reports and specify that quality assurance (QA) records must be .
- maintained as permanent records. The Purpose and Scope of 10 CFR Part 72 would also be amended to reference the spent fuel storage cask approval process and to delete obsolete information.
DISCUSSION-l In SECY-97 069 dated March 28,1997, the staff submitted a Rulemaking Plan for Commission approval to make a number of miscellaneous changes to 10 CFR Part 72. The SRM dated April 24,1997, advised that the Commission has no objection to implementation of I
CONTACT:
M. L. Au, IMOB/IMNS/NMSS NOTE TO BE MADE PUBLICLY AVAILABLE (301) 415-6181 WHEN THE FINAL SRM IS MADE AVAILABLE
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The Commissioners 2 SECY-97-069 for this proposed rulemaking subject to the comments that have been incorporated in the proposed rule.
The staff has reconsidered exempting from the regulatory requirements of 10 CFR Part 40 the item in the rulemaking plan concerning the exemption of the use of natural or depleted uranium in spent fuel storage casks. This is based on the consideration that neither the likely configurations nor the quantity of natural or depleted uranium to be in the casks is known. The staff is in the process of re-evaluating all the exemptions for source and byproduct material, )
including the exemption provisions in S 40.13(c)(6) for natural or depleted uranium used in ]
shipping casks. The re-evaluation is scheduled to be completed by the end of FY 98. When dose assessments are completed, the staff will consider whether any of the exemptions should be eliminated or modified in order to adequately protect public health and safety. As there are ;
no known spent fuel storage cask designs using natural or depleted uranium as shielding under i consideration by any prospective applicant, it is not urgent to consider whether the user of )j storage casks using depleted uranium as shielding should be required to be specifically licensed generally licensed, or exempt from licensing requirements. j The proposed rule addresses a group of miscellaneous items, as follows:
- Amendments to the purpose (@ 72.1) and scope ( 72.2) would make these sections i complete by specifically referencing the spent fuel storage cask approval process. The amendments would also delete information in the purpose and scope sections regarding j the Federal interim storage program because the time frame for its implementation has i expired (61 FR 35935; July 9,1996). l
- A change to S 72.4 would 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. In addition, 9 72.216(c,) would be changed to correct improper references.
- An amendment to 72.44(d)(3) would permit reactor licensees to submit the annual dry cask storage effluent report to the NRC at the same time as the annual reactor operations ef'luent report.
- An amendment to the event-reporting requirements in S 72.75(d)(2) would clearly inform licensees of the information necessary for the staffs review of a licensee's report.
e An amendment to @ 72.122(h)(4) would clarify that the monitoring requirements can be different for wet and dry storage systems.
- An amendment to 9 72.122(i) would clarify that, unlike wet spent fuel storage, control systems are not needed for dry storage systems because no active systems are l involved.
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- An amendment to 9 72.124(b) would 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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- An amendment to Q 72.140(d) would require reactor licensees to maintain QA records !
pertaining to storage of spent fuel under Part 72 until termination of the license, even if those records were generated under a previous Commission-approved quality {
assurance program in conformance with Appendix B to Part 50. j COORDINATION:
The Office of the General Counsel has no legal objection to this proposed rule. The Office of the Chief Financial Officer has no objection to the resource estimates contained in the proposed l rule. The Office of the Chief Information Officer has reviewed the proposed rule for information technology and information management implications and concurs in it.
RECOMMENDATION:
That the Committion: ,
- 1. Acorove the notice of proposed rulemaking (Attachment 1) for publication in the Federal Reaister.
Hatft:
- a. This rulemaking will be published in the Federal Reaister for a 60-day public comment period;
- b. The Chief Counsel for Advocacy of the Small Business Administration will be informed of the certification regarding economic impact on small entities and the reasons for it as required by Regulatory Flexibility Act;
- c. A regulatory analysis has been prepared (Attachment 2);
- d. s ne appropriate Congressional committees will be informed (Attachment 3);
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The Commissioners 4 i
- e. Copies of the Federal Register notice of proposed rulemaking will be distributed to all affected Commission licensees. The notice will be sent to other interested parties upon request.
L. Joseph Callan Executive Director for Operations I
Attachments: As stated (3) i i
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ATTACHMENT 1 FEDERAL REGISTER NOTICE MISCELLANEOUS CHANGES TO 10 CFR PART 72 LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE i
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[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 AGENCYi 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 (k< days after publication). Comments rece this date will be considered if it is practical to do so, but the Comtr.ission is able to assure .
consideratum only for comments received on or before thie date, j i
1 ADDRESSES: Send comments by mail or addressed to the Secretary, U.S. Nuclear -
' Regulatory Commission, Washington, DC 20555-0001. Attention: Rulemakings and Adludicahons Staff.
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1 Hand-deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between 7:30 am and 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,21205. 5treet NW., (Lower Level), Washington, DC. These same documents also may be viewed and downloaded electronically via the interactive rulemaking webr.,ite 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 specified in 10 CFR Part 72. Experience in applying l 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 miscellaneous changes to 10 CFR Part 72.
l Discussion of Proposed Amendments
- 1. Modify $$ 72.1 and 72.2 to include spent fuel storage cask and delete the superseded information.
i The purpose ($ 72.1) and scope ($ 72.2) sections of Part 72 were not modified when the
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Commission amended Part 72 in 1990 to include a process for providing a general license to a reactor licensee to store spent fuel in an independent spent fuel storage installation (ISFSI) at power reactor sites (Subpart K) and a process for the approval of spent fuel storage casks (Subpart L). Although the language in these sections may be read to include the general
! license provisions of Subpart K, the approval process for spent fuel storage casks in Subpart L is not referenced. This rulemaking would make the purpose and scope sections complete by specifically referencing the Subpart L cask approval process. -This rulemaking would also
. delete information in the purpose and scope sections regarding the Federal interim storage program since the time for its implementation has expired (61 FR 35935; July 9,1996). l I
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- 2. Change requirement for making initial and written reports in $$ 72.4 and 72s216.
l This change would be made to 6 72.4 to provide that, except where otherwise specified, all communications and reports are to be addressed to NRC's Document Control Desk rather than to the Director, Office of Nuclear Material Safety and Safeguards. Three current 3
L regulations govern the submission of written reports under Part 72 ( @ 72.75,72.216(t,), and 50.72(b)(2)(vii) that is referenced in 9 72.216(a)). Under 9 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 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, 9 72.216(c) is being changed to correct an error. The current regulation references 99 72.75(a)(2) and (3); the reference should be revised to 99 72.75(b)(2) and (3).
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- 3. Change requirement for submittal of dry cask storage effluent report in 9 72.44.
Currently, 9 72.44(d)(3) requires submittal of a dry cask storage effluent report to the l
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 eW1 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 effectiJe date of the final rule, the licestee 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. The proposed rulemaking would 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 9 50.73(b).
l - The proposed rulamaking would incorporate the format and content outlined in 9 50.73(b) into 9 72.75(d)(2) to clearly inform licensees of the information necessary for the NRC staff's 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 requirement for capability for continuous monitoring of confinement storage systems in 6 72.122(h)(4).
Currently, 6 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 rnonitoring requirements for wet and dry storage of spent fuel. Wet storage requres active heat removal systems that involve a monitoring that is " continuous" in the sense c5 uninterrupted. Because of the passive nature of dry storage, active heat removal systems are not needed and monitoring can be less frequent. This rulemaking would clarify that the frequency of monitoring can be different for wet and dry storage systems. As part of the j NRC approval process, the periodicity of monitoring is specified in the Certificate of Compliance.
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- 6. Clarify requirement specifying instrument and control systems for monitoring dry spent fuel storage in 72.122(i).
Section 72.122(i) requires that instrumentation and control systems be provided to monitor systems important to safety and does r:ot distinguish between wet and dry storage systems For wet storage, systems are required to monitor and control heat removal. For dry storage, passWe 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 storagd cask on methods of criticality control in l
9 72.124(b).
t Section 72.124(b) requires specific methods for criticality control, including the l
- 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 envuonment is maintained. Under these conditions, there is no mechanism to significantly l degrade the neutron absorbog matenals. In addition, the dry spent fuel storage casks are l sealed and it is not practical to penetrate the integrity of the cask to make the measurements for l-l venfying the efficacy of neutron absorbing materials. This proposed rulemaking would clarify that posihve means for venfying the contmued efficacy of solid neutron absorbing materials are L
not requred for dry storage systems, where the efficacy is demonstrated at the outset 6
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- 8. Clarify requirements in S 72.140(d) concerning the previously approved quality
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I assurance program in conformance with Appendix B of 10 CFR Part 50. 1 Section 72.174 specifies that quality assurance (QA) records must be maintained by or under the control of the licensee until the Commission terminates the license. However, S 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, 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 described as a categorical exclusion in 10 CFR 51.22(c)(2) and items 2,3. 4 and 8 of the proposed rule am 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 t
This proposed rule contains amendrrwits to the information collection requirements I
contained in 10 CFR Part 72 that are considered to be insignificant, (may be no increase, but at the most will be 1,320 hours0.0037 days <br />0.0889 hours <br />5.291005e-4 weeks <br />1.2176e-4 months <br /> annually) when compared with the overall requirements of the CFR Part (21,529 hours0.00612 days <br />0.147 hours <br />8.746693e-4 weeks <br />2.012845e-4 months <br /> annually). NRC does not consider the burden to be significant enough to trigger the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Existing requirements were approved by the Office of Management and Budget, approval number 3150-0014.
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 the smallincremental 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.
Single copies of the analysis may be obtained from M. L. Au, Office of NucleLr Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6181.
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Public Protection Notification if an information collection does not display a currently valid OMB control number, the l
l NRC may not conduct or sponsor, and a person is not required to respond to, the information i
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Regulatory Flexibility Certification i l
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" l
set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in j l
regulations issued by the Small Business Administration at 13 CFR Part 121.
I Backfit Analysis The NRC has determined that the backfit rule,10 CFR 72.62, does not apply to this rule, l-l 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.
l l List of Subjects in 10 CFR Part 72 l- l l
l Manpower training programs, Nuclear materials, Occupational safety and health, l
Reporting and recordkeeping requirements, Secunty measures, Spent fuel.
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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 cmended (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 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, 2203, 2204, 2222, 2224 (42 U.S.C.10101,10137(a),10161(h)).
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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.0,10198).
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- 2. Section 72.1 is revised to read as follows:
6 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 these licenses. The regulations in this part also establish requirements, procedures, and criteria for the issuance of licenses to the Depar1 ment of Energy (DOE) to receive, transfer, package, and possess power reactor spent fuel, high-level radioactive waste, and other radioactive materials associated with the spent fuel and high-level radioactive 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 5 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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(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.
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- 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 9 72.44, paragraph (d)(3) is revised to read as follows :
6 72.44 License conditions.
(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 in gaseous effluents during the previous 12 months of operation and such other information as may be required by the 12 l
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r Commission to estimate maximum potential radiation dose commitment to the public resulting from effluent releases. By this report and any additional information 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 S 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 Reoortina requirements for specific 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 di::t.-ibution is made. These written reports must be sent to the U.S. Nuclear Regulatory Commission, ATTN: j Document Control Desk, Washington, DC 20555-0001. These reports must include the following:
(i) A brief abstract desenbmg the major occurrences during the event, including all j component or system failures that contributed to the event and significant corrective action taken or planned to prevent recurrence; l (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 13
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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 mode, mechanism, 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)(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:
(s) Whether the error was a cognitive error (e.g., failure to recognize the 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 actnnty or task that was not covered i
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(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, I
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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) En 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; (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 liconsee's organization who is knowledgeable about the event and can provide additional information conceming 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.
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- 7. In $ 72.122, parsoNa h)(4) and (i) are revised to read as follows:
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@ 72.122 Overall Requirements.
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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 provided that periodic monitoring is consistent with the cask design requirements. The 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 to safety over anticipated ranges for normal conditions and off-normal conditions. Systems that l are required under accdent conditions must be identified in the Safety Analysis Report 1 l
- 8. In 6 72.124, paragraph (b) is revised to read as follows:
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6 72.124 Criteria for nuclear criticality safety.
(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 fnr 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 9 72.140, paragraph (d) is revised to read as follows:
6 72.140 QualitVJt&#urance requirements.
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(d) Previously approved programs. A Commission-approved quality assurance program i
which satsfies 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 sechon except that a licensee using an Appendix B quality assurance program shall also meet the requirement of $ 72.174 for recordkeeping. Prior to first use, the licensee shall notify the Directur, Office of Nuclear Material Safety and Safeguards, U.S.
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4 l . Nuclear Regulatory Commission, Washington, DC 20555-0001, of its intent to apply its L
l- 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 9 72.216, paragraph (c) is revised to read as follows:
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_ 3 $ 72.216 Reports.
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'_(c) The general licensee shall make initial and written reports in accordance with i $$ 72.74 and 72.75, except for the events specified by $ 72.75(b)(2) and (3) for which the initial f" reports will be made under paragraph (a) of this section.
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- Dated at Rockville, Maryland, this day of .1997.
For the Nuclear Regulatory Commission.
. John C. Hoyle, Secretary of the Commission.
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l ATTACHMENT 2 REGULATORY ANALYSIS
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DRAFT REGULATORY ANALYSIS Miscellaneous Changes to 10 CFR Part 72 Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste Statement of the Problem The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to ensure that Part 72 requirements would include maintaining quality assurance (QA) re: rds (prescribed in 6 72.174) as permanent records for thhse licensees who adopted an Appendix B to Part 50 Quality Assurance Program.
Objectives The intent of this proposed rulemaking is to clarify that requirements that all Part 72 licensees, including those licensees under an Appendix B QA program, maintain QA records permanently until termination of the license.
Cost and Benefit of Altemative
- All Part 72 licensees, including those who have adopted an Appendix B to Part 50 QA program, currently maintain the QA records that are prescribed in 9 72.174 as permanent records. However, the maintenance of QA records beyond those required under Appendix B is voluntary on the part of licensees who have adopted an Appendix B QA program. Permanent
QA records retention is neeced to ensure traceability of systems or components for future use to determine root cause of accidents and analysis of failure. For general Part 72 licensee, records are needed if the license is converted to specific license and records are needed to ensure proper decommissioning of the facility. Because there is no assurance that these additional records would continue to be maintained in the future, NRC's regulatory analysis policy prescribes that for base case cost-benefit calculations, it is appropriate to give no credit for those voluntary actions and to view this as an incremental burden of the proposed regulatory action. The staff estimates that the 20-year present worth cost to a reactor licensee to maintain all permanent records is on the order of $100,000 per licensee. This assumes an average one-time cost of $40,000 for a vault or cabinet, an annual labor cost of $6000 to maintain the records, and an annual storage fee of $500. The present worth of the annual cost is based on a 7 percent real discount rate over a 20-year period which corresponds to the life of the license.
Based on discussion with NRC staff directly involved in oversight of S 72.174 requirements, it is estimated that the permanent independent spent fuel storage installation (ISFSI) records represent no more than 5 percent of the total permanent records required to be maintained by a reactor licensee. Thus, it is estimated that the 20-year incremental burden resulting from this rule change is $5000 per licensee. This figure is equally applicable to both reactor and non-a y reactor licensees storing spent fuel. Given that there are about 40 licensees currently relying I
on the Appendix B QA program in lieu of @ 72.142, the life-time incremental burden for the I d 2 @, tn V /
affected licensee population is approximately $200,000.
For sensitivity analysis purposes, it is useful to recognize that this new regulatory requirement is currently being met under existing licensee practices, and in terms of real dollar outlay there is no change in burden associated with this regulatory action. This presumes, however, that absent this proposed change licensees using an Appendix B QA program would 2
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. continue to permanently maintain all records generated in support of Part 72 activities. The emphasis on making reports with the necessary information and maintaining permanent QA records until termination of the license would be on those activities and items that are identified as being important to safety.
The benefits associated with these rule changes are that necessary information is
. included in reports and QA records are maintained permanently when identified with activities and items 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, safety, and tha environment. In the staff's view, this incremental benefit dkceeds the relatively small incremental cost associated with this proposed change.
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e 9 ATTACHMENT 3 1
CONGRESSIONAL LETTERS I
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4_ UNITED STATES j o j
C NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055tW1001 s,**es s /
The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce
. United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The 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 rule, if promulgated, would correct several inconsistencies and clarify certain sections in this regulation. *
.c The Commission is issuing the proposed rule for public comment.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs l-
Enclosure:
l Federal Register Notice l-cc:- Representative Ralph Hall i.
psp "og e o 4 UNITED STATES
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- j NUCLEAR REGULATORY COMMISSION WAsHINoToN. D.C. 2055fWm1 4
9 . . . . . ,o The Honorable James M. Inhofe, Chairman Subecmmittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
The Nuclear Regulatory Commission has sent to the Office of the Federal Register for publication the enclosed pror sed amendments to the Commission's rule in 10 CFR Part 72.
The pror, sed ruse, if promulgated, would correct sew,alinconsistencies and clanry ceitiin sections in this regulation.
The Commission is issuing the proposed rule for public comment.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs Encimure:
Federal Register Notice cc: Senator Bob Graham I
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___x___ _ _ _ _ _ _
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i The Honorable Dan Schaefer, Chairman i Subcommittee on Energy and Power Committee on Commerce United States House of Representatives l-Washington, DC 20515
Dear Mr. Chairman:
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The Nuclear Regulatory Commission has sent to the Office of the Federal Register for I publication the enclosed proposed amendments to the Commission's rule in 10 CFR Part 72.
The proposed rule, if promulgated, would correct several inconsistencies and clarify certain sections in this regulation.
The Commission is issuing the proposed rule for public comment.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc: Representative Ralph Hall Distribution:
IMOB Sub r/f NJensen, OGC IMOB r/f FYoung, NMSS Central f/c MLesar, ADM LRiani OCA r/f DOCUMENT NAME: 0:% LAP 72CNGHS.PR6 To receive a copy of this docurnent, indicate in the box: "C" = Copy wrthout attachment / enclosure "E" = Copy with attachment / enclosure *N" = No copy OFFICE IMOB:IMNS l IMOB:ll(INS nl D:IMNfy/ ,f/ l D:NMSS l OCA l NAME MAu jy;/ff/ JPicconeMh7 ' DQ(g/// " CPaperiello DRathbun DATE //16 195 //g W 7/f//97 / /97 / /97 OFFICIAL RECORD COPY (NMSS File Code) NMSS l
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e l The Honorable James M. Inhofe, Chairman
( Subcommittee on Clean Air, Wetlands, Private l Property and Nuclear Safety i Committee on Environment and Public Works i United States Senate Washington, DC 20510
Dear Mr. Chairman:
The 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 rule, if promulgated, would correct several inconsistencies and clarify certain sections in this regulation.
The Commission is issuing the proposed rule for public comment.
Sincerely, Dennis K. Rathbun, Director l Office of Congressional Affairs
Enclosure:
! Federal Register Notice cc: Senator Bob Graham I
Distnbution IMOB Sub r/f NJensen, OGC iMOB r/f FYoung, NMSS Ccatral f/c MLesar, ADM LRiani OCA r/f DOCUMENT NAME: 0:% TAP 72CNGSI. PRS To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachrnent/ enclosure *N* = No copy l OFFICE IMOB:IMNS l IMOB:IMNS _l D:lMN_Sg// l D.NMSS l OCA l l
! NAME MAu /J6fR* JPicconeMM DCp(df/ff " CPaperiello DRathbun DATE // s.,8 /95- / / W Q/IS /f LP /97 / /97 / 19 7 i OFFICIAL RECORD COPY l l
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s 4 l The Commissioners
- e. Copies of the Federal Register notice of proposed rulemaking will be distributed to all affected Commission licensees. The notice will be sent to other interested parties upon request.
L. Joseph Callan Executive Director for Operations Attachments: As stated (3)
RECORD NOTE: A copy of the Proposed Rule was sent to IG for Information on:
Distribution: IMOB r/f Central File EDO r/f MBridgers (WITS-9600162) Fcombs LBRiani, DRA/RES CAGallagher, DRA/RES DMendiola, DRA/RES
)OCUMENT NAME: 0:\AU\ COMP 72G.PR
'O receiva a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with stachm::nt/ enclosure "N" = No copy See previous concurrence
@FFICE IMOB:IMNS , INQB:IMNS A,/ l IRMB/OClO l NAME MAu*d d \@.f3Piccone /4doV BShelton 8
uuuuuu u (~M uuu OFC ADM OGC CFO CIO NATE DMeyer KCyr JFunches AGalante DATE / /98 / /98 / /98 / /98
= ,= = = = amme mammusum summmmmmmasumme muu u ------------mama saammmmmusmaumum OFC D;NRR D:NMSS DEDR EDO lNAME SJCollins CPaperiello HThompson LJCallan DATE / /98 / /98 / /98 / /98 j OFFICE RECORD COPY NMSS FILE CODE:
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o The Commissioners 4
- f. Copies of the Federal Register notice of proposed rulemaking will be distributed to all affected Commission licensees. The notice will be sent to cther interested parties upon request.
L. Joseph Callan Executive Director ,
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for Operations /
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Enclosures:
As stated (3) /
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1 RECORD NOTE: A copy of the Proposed Rule was se.J to IG for Information en:
Distribution: IMOB r/f Central File EDO r/f MBridgers (WITS-9600162) Fcombs LBRiani, DRA/RES CAGallagher, DRA/RES DMendiola, DRA/RES
)OCUZENT NAME: 0:\AUtCOMP72E.PR l
fo receiva a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with 10cchment/ enclosure "N" = No copy OFFICE IMOB:IMNS IMOB:lMNS D:IMNS IRMB/OClO NAME Maul #ffA. JPiccone DCool BShelton DATE nlIi /97 / /97 / /97 / /97 mummuuneamusammuummusnuma e m = - mous su unnumummunem unism a mussumsmanness usum OFC ADM OGC CFO CIO ,
NAME DMeyer STreby JFunches AGalante DATE / /97 / /97 - / /97 / /97 mununum x - man s -------------name =_r_= = su um ====2--. seus lOFC D:NRR D:NMSS DEDE EDO fNAME SJCollins CPapebello AThadani LJCallan fDATE / /97 / /97 / /97 / /97 OFFICE RECORD COPY NMSS FILE CODE:
I
{ ,1 The Commissioners 4
- e. Copies of the Federal Register notice of proposed rulemaking will be distnbuted to all affected Commission licensees. The notice will be sent to other interested parties upon request.
4 L. Joseph Callan Executive Director for Operations Attachments: As stated (3) J l
RECORD NOTE: A copy of the Proposed Rule was sent to IG f for Information on:
Distribution: IMOB r/f Central File EDO r/f MBridgers (WITS-9600162) Fcombs LBRiani, DRA/RES CAGallagher, DRA/RES DMendio'a, DRA/RES j
>OCUZENT NAME: O:\AU\ COMP 72G.PR
'@ receiva a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with ittachment/ enclosure "N" = No copy See pr;vious concurrence
@FFICS IMOB:IMNS INQB:!MNS JIMpj$,/ IRMB/OClO NAME MAu*gfg2 W fJPiccone /gdoV BShelton DATE / /97 ' V// 27 /98 /L /96 / /98 seen
.m usansmuss .. . - ----. meansis smuma rm = : =
OFC ADM OGC CFO CIO NATE DMeyer KCyr JFunches AGalante i DATE / /98 / /98 / /98 / /98 sis _===== sians unsumunmumusemensammmun masamammmmmmmmer ummmemass ____. -_ . _
iOFC D:NRR D:NMSS DEDR EDO NATE SJCollins CPaperiello HThompson LJCallan DATE / /98 / /98 / /98 ; / /98 I
OFFICE RECORD COPY NMSS FILE CODE:
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The Commissioners 4
- f. Copies of the Federal Register notice of proposed rulemaking will be distributed to all affected Commission licensees. The notice will be sent to other interested parties upon request.
L. Joseph Callan Executive Director 7
for Operations ,/
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Enclosures:
As stated (3)
RECORD NOTE: A copy of the Proposed Pule was sent to IG for Information on:
Distribution: IMOB r/f Central File EDO r/f MBridgers (WITS-9600162) Fcombs LBRiani, DRA/RES CAGallagher, DRA/RES DMendiola, DRA/RES
)OCU1~ENT NAME: O:\AUtCOMP72E.PR fo r:ceiva a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with ittachment/ enclosure "N" = No copy OFFICE IMOB:lMNS IMOB:IMNS D:IMNS l IRMB/OClO l NAME MAM, JPiccone DCool BSheiton DATE n./ /i /97 - / /97
/9 7,,,, ,, ,,,,/,,,,,,,,/,9,7,,,, , ==/ ,-.-- = ramm OFC ADM OGC CFO CIO NAZE DMeyer STreby JFunches AGalante
,DATE / /97 / /97> / /97 / /97 muummmmmmmmmmm uma u nummmmmmmmmmmmmunmumm = == mmunsammmmmmmmmmeinami OFC D:NRR D:NMSS DEDE EDO NW'E SJCollins CPapebello AThadrai LJCallan DATE / /97 / /97 / /97 / /97 OFFICE RECORD COPY NMSS FILE CODE:
Conference Room Scheduling System - Schedule by Time Meeting Date: Feb 12 Thu Number of Attendees: 12 Days Needed: 1 Meeting Time: 10:00 to 12:00 Room: T-08F1 ci========================================================================,=====
Your Last Name: AU First Name: MARK Reserved for Last Name: AU First Name: Mark Meeting
Title:
Proposed Rule ... Part 72 Phone: 415-6181 1
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