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4 E k UNITED STATES
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{ [ NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2066H001
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MEMORANDUM TO: Donald A. Cool, Director Division of industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards
, FROM: Edward L~ Halman, Dir .
Office of Administration
SUBJECT:
OFFICE CONCURRENCE ON PROPOSED RULE ENTITLED
" LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE"
-l The Office of Administration has reviewed and concurs, subject to the comments provided, on the attached rule and accompanying documents that would correct several inconsistencies and provide clarification pertaining to the requirements for the storage of spent nuclear fuel. We have attached a marked copy of the package that presents editorial and format corrections.
These corrections should be made before this rule is submitted for publication in the Federal
- Register. .
We have suggested a revised Summary paragraph that more clearly meets the publication l requirements of the Office of the Federal Register (1 CFR 18.12). We also have corrected the authority citation and made some changes to the format of the codified text.
If you have any questions regarding this review, please have a member of your staff contact 4_ . David L. Meyer, Chief, Rules and Directives Branch at 415-7164 (DLM1) or Alzonia Shepard at .
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415-6864 (AWS1). j i
Attachments: As stated i
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6 COMMISSION PAPER l
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l q 4 S. J. Collins et al- 3 l
- 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
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CGallagher FYoung DMendiola AThadani, DEDO IMNS Ticket No. 970565 EDO WITS No. 9000162 DOCUMENT NAME:O:MUP720FFC5.PR6 See Detnbubon on next page *see previous concummco OFC IMOS:IMNS M% D JFSM4 n y D/IMblEV ,/
NAME uAud#t 3W M /r*' 7Ad DATE I / Sh/97 / 196 // / Y /97 OFFICE RECORD COPY NMSs FILE CODE:
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EQB: The Commissioners l
FROM- L. Joseph Callan, Executive Director for Operations SUBJECT. PROPOSED RULE: MISCELLANEOUS CHANGES TO 10 CFR TI
' PART 77.. LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLE. 7 FUEL AND HIGH-LEVEL k) 4 RADIOACTIVE WASTE (M# '
. PURPOSE:
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To obtain Commission approv roposed rule to amend 10 CFR Pac. : 2 to correct several inconsistencies'and to clarify certain sections put#Wg /r /M 4/*P f
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ISSUE-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 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 l the storage of spent fuel under wet and dry conditions, clarify requirements for the content and submission of various reports and specify that quality assurance (QA) records must be
- maintained as permanent records. The Purpose ...d Scope of 10 CFR Part 72 would also be l amended to reference the spent fuel storage cask approval process and to delete obsolete information.
L DISCUSSION l
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 CONTACT:
. M. L. Au, IMOB/IMNS/NMSS MQIE TO BE MADE PUBLICLY AVAILABLE (301) 415-6181 WHEN THE FINAL SRM IS MADE AVAILABLE
4 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 @ 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 F.odified 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 consideration by any prospective applicant, it is not urgent to consider whether the user of storage casks using depleted uranium as shielding should be required to be specifically licensed, generally licensed, or exempt from licensing requirements.
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 complete by specifically referencing the spent fuel storage cask approval process. The amendments would also delete information in the purpose and scope sections regarding the Federal interim storage program because the time frame for its implementation has expired (61 FR 35935; July 9,1996).
- A change to @ 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,
@ 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 sam: time as the annual rec: tor operations effluent report.
- An amendment to the event-reporting requirements in @ 72.75(d)(2) would clearly inform iicensees of the information necessary for the staff's review of a licensee's report.
- 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 involved.
- An amendment to S 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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i The Commissioners 3 e An amendment to @ 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.
l 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 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 Commission:
- 1. Acorove the notice of proposed rulemaking (Attachment 1) for publication in the Federal Reaister.
Unte:
- a. This rulemaking will be published in the Federal Reaistat 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. The appropriate Congressional committees will be informed (Attachment 3);
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s The Commissioners 4 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) l
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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 l
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[7590-01-P) l NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AF80 Miscellaneous Changes to 1&CIR Fod 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 severalinconsistencies and to clarify certain sections of the regulations.J/Ir drh ea/me,A 9 H o.1 / & //s.u n f a d z I b .Ar Afro-+ M ML l/
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'b#d [$IINc#ohin$nhe $[eYpk6'O d"/ys fte pMc'aIoh. eks bd e7Wcoal M this date will be considered if it is practical to do so, but the Commission is able'to # dre< N '**"^' I
& fausd consideration only for comments received on or before this date. , y es+ds A4ht b %
ADDRESSES Nmments by-n ' p'[ Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0 0 . Attention: Rulemakings and Adjudications Staff.
1
, hiiver 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
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examined at the NRC Public Document Room,2120 L Street NW., (Lower Level), Washington, DC. These same documents also may be viewed and downloaded electronically via the interactive rulemaking website established by NRC for this rulemaking.
' FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6181, e-mail mia@nrc. gov.
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' SUPPLEMENTARY INFORMATION:
Background
L The Commission's licensing requirements for the independent sto age of spent nuclear Co l. Q 4 Sxperience
- NWin applying l l fuel and high-level radioactive waste are - n~d in 10 CFR Part 72. j
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Part 72 has indicated the ' is not dequate in some respects and that certain additions and
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i clarifications to the regulations are necessary. This proposed rulems would make eight ( /
miscellaneous changes to 10 CFR Part 72. J/hA yh# # /
fa}<netsi>s an/pgtn%~ /E inclub/ & 9'A N
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/vWen n,//&C/A budd Discussion of Probp rsed Amend ent ac/AY ". 'A N'**# fg ~ '
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- 1. odify 6 72.1 and 72.2 to include spent fuel storage cask a d the superseded information. -
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The purpose (f 72.1) and scope'( 72.2)de3 Ions art 7 ere not modified when the '
fn iSv (,lude /fSO($:fR ZW/)for providing a generallicense a process ' to Commission amended Part 72 c
! {Q 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 g is not referenced. This rulemaking would make the purpose and scope sections complete by g specifically referencing the Subpart L cask approval process. This rulemaking f
! YNnod VN pinformatim in the purpose and scope sections regarding the Federal interim storage i
program since the time for its im lamentation has expired (61 FR 35935; July 9,1996).
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- 2. Change requir me for making initial and written reports in S 72.4 and 72.216.
This change would be made to 9 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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w regulations go ern the submission of written reports under Part 72 9 72.75, 72.216(b), and
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50.72(b)(2)V )f (b)at th is referenced 72.216(a)).in Under @ 72.7 report is spnt to the
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Document Control Des Ef50twonG16)(dMD) weverpt..c other cr& graph anweet that the report be sent instructed in & 72.4, which specMes that repb be addressed o the Director, Office of Nuclear ,
Material Safety and Safeguards. To achieve consistency, 72.4 is being %.<us revised to - tinstruct hat l 1 reports be sent to the Document Control Desk 'j [ censing 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 Q@ 72.75(a)(2) and (3); the reference should be revised to S 72.75(b)(2) and (3).
de ment for submittal of dry cask storage effluent report in S 72.44.
- 3. Changegeq be da 1 lA Currently, 72.44(d)(3) requiresy/k fl f-ato dry cask storage effluent reportfo th 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.
I 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.
f However, after the effective date of the final rule, the licensee may submit the first report for a i
shorter period of time to get on the same reporting schedule as the annual reactor effluent report. l 4
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- 4. Clarify reporti g requirements for specific events and conditions in @ 72.75 Section 72.75 contains reporting requirements for specific events and conditions, including the requirement in Q 72.75(d)(2) for a follow-up written report for cert 'n ty es of 7 I emergency and non-emergency notifications. The proposed rulemakmg would la ify the specific information required to rdet the intent of the existing reporting requirement. A comparable reporting ntreqtireme/ already exists for similar reactor type events in 9 50.73(b).
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The proposed rulemsking wo ild incorporate the format and content outlined in 6 50.73(b) into 9 72.75(d)(2) to clearly inf .n 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.
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- 5. Clarifygrequir m t for capability for continuous monitoring of confinement storage
. systems in 9 72.122(h)(
Currently,9 72.122(h)(4) requires the capability for continuous monitoring of storage confinement systems. The meaning of" continuous"is open to interpretation and does not differentiate between monitoring requirements for wet and dry storage of spent fuel. . Wet storage requires active heat removal systems that involve a monitoring that is "co uous" in the sense of uninterrupted. Because of the passive nature of dry storage, a ive h ' t removal kop RN -
systems are not needed and monitoring can be less frequent. This rule would clarify that the frequency of monitoring can be different for wet and dry storage syste As part of the NRC approval process, the periodicity of monitoring is specified in the Certificate of Compliance.
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- 6. Clarify requir e t specifying instrument and control systems for monitoring dry spent fuel storage in 9 72.122(i l
Section 72.122(i) requires that instrument ion and control systems be provided to y bet monitor systems important to safetyp doe no distinguish between wet and dry storage systems. For wet storage, systems are requi 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 s' yst s are not needed for dry storage systems.
- 7. Clarify require nt f dry spent fuel storage cask on methods of criticality control in
. $ 72.124(b).
Section 72.124(b) requires specific methods for criticality control, including the requirement that where solid neutron absorbing materials are used, the design must provide for positive means to verify their continued efficacy. This requirement is appropriate for wet spent fuel storage systems but not for dry spent fuel storage systems. The potentially corrosive environment under wet storage conditions is not present in dry storage systems because an
. Inert environment is maintained. Under these conditions, there is no mechanism to significap degrade the neutron absortaing materials. In addition, the dry spent fuel storage casks a j sealed and it is not practical to penetrate the integrity of the cask to make t measu mentsfor verifying the efficacy of neutron absorbig materials. This proposed rule o clarify that positive means for verifying the continued efficacy of solid neutron absorbi aterials are l
not required for dry storage systems, where the efficacy is demonstrated at the .
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- 8. Clarifygrequire ne is in 72.140(d) concerning the previously approved quality
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assurance program in conlormance with Appendix B of 10 CFR Part 50. '
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. hus, Part 50 licensees using an Appendix B, QA program could
. choose not to make perman nt all records generated in support of Part 72 activities. This proposed rule ould equire these licensees to follow the Part 72 requirement to maintain QA records until termina 'o 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 are the types of action described as a categoncal 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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4 Paperwork Reduction Act Statement This proposed rule contains amendments to the information collection requirements 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.
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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 sraall incremental cost associsted with this proposed change. The arialysis 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 Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, O C 20555-0001, telephone ]
(301) 415-6181.
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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.
Regulatory Flexibility Certification (
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S.C. 605(b)y In accordance with p(t otheO Reg(.atory Flexibility Actp{f 1980 2//ft ;
Commission certifies that thisgrul ill not, p) ! , h ve a ignificant economic impact on a substantial number of small entities. This proposed rule a e g, t ./
only the operators of nuclear power plants. These companies do not fall within the scope f e definition of "small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 72.62, does not apply to this rule, because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this proposed rule.
List of Subjects in 10 CFR Part 72 Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
9 s
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:
1 AUTHORITY: Secs. 51,53,57,62,63,65,69,81,161,182,183,184 186,187,189,68 .
1 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); p ,
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sec. 201, as amended,202,206,88 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841, d5 %endsc4 by}aLL M -Vilo Set' RN i '0W 5842, 5846); Pub. L.95-601, sec.10,92 Stat. 295,1g (42 U.S.C. 5851); sec.102, Pub. L.91-190, ,
2'd 83 Stat. 853 (42 U.S.C. 4332); secs.131,132,133,135,137,141, Pub. L.97-425,9 Stat.
2229, 2230,2232, 2241, sec.148, Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10151, l
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 j Stat.1330-232,1330-236 (42 U.S.C.10162(b),10168(c), (d)). Section 72.46 also issued under l
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 L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C.10101,10137(a),10161(h)).
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6 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).
1
- 2. Section 72.1 is revised to read as follows:
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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 sperit 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 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 6 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 Scoce.
(f) Certificates of Compliance approving the use of spent fuel storage casks shall be issued in accordance with' the requirements of this part as stated in @ 72.236.
- 4. Section 72.4 is revised to read as follows:
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 S 72.44, paragraph (d)(3) is revised to read as follows :
i 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 qucntity of each of the I principal radionuclides released to the environment in liquid and in gaseous effluents during the previous 12 months of operation W such other information as may be required by the i i
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Commission to estimate minimuh ot tial radiation dose commitment t the ublic resulting
$b/h f4 from effluent releases.
4 7 010 ission may obtain this reg nd any additionalinformation he C from the licensee or others, the Commission may from time to time require the licensee to take i
such action as the Commission deems appropriate. The time between submission of reports must be no longer than 12 months.
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- 6. In 5 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 soecific events and nditions, f
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-k k (d) s (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 'JO days of the initial report.
Written reports prepared pursuant to oiber 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; (ii) A clear, specific, narrative descnption 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 E_1_________.___ _ _ _ _ _ _ _ . _ _ _ _ _
l facility, can understand the complete event; and the narrative description must include the following specific information as appropriate for the particular event:
i (A) ISFSI or MRS operating conditions before the event; (B) Status of structures, components, or systems that were inoperable at the stad 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 retumed to service; (H) The me od of discovery of each component or system failure or procedural error; Y +
l@ [ (l)(1) ator actions that affected the course of the event, including operator errors, procedural defic' ncies, or botn, that contributed to the event; V g) F ac personnel error, the licensee shall discuss:
V (s) Wh h r 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, (it) Wh rthe the error was contrary to an approved procedure, was a direct result of an errorin an a procedure, or was associated with an activity or task that was not covered by an approved procedure; 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 personnelinvolved (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 performed the same function as the components and systems that failed during the event; y (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 M 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 conceming the event and the plant's charactenshes; l
(7) The extent of exposure of individuals to radiation or to radioactive materials without l'
- identificehon of individuals by name.
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- 7. In $ 72.122, paragraphs (h)(4) and (i) are revised to road as follows:
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6 72.122 Overall Requirements.
(h)
(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-rormal 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 ant;cipated ranges for normal conditions and off-normal conditions. Systems that are required under acadent condmons must be identified in the Safety Analysis R h -$' $ $ h
- 8. In $ 72.124, paragraph (b) is revised to read as follows:
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6 72.124 Criteria for nuclear criticality safely.
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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 fue l 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.
- 9. In 6 72.140, paragraph (d) is revised to read as follows:
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l $ 72.140 On=lity assurance raanirements.
(d) Previously approvedp ms. A Commission-approved quality assurance program which sabsfies the apphcatb crit of Appendix B to Part 50 of this chapter and which is estabhshed, maintained, - e with regard to an ISFSI will be accepted as satisfying A
requirements of pa ph (b) of is section except that a licensee using an Appendix B.. quality -
WA fp assurance progra h the requirement of f 72.174 for recordkeeping. P ' r to W use, the hconsee notify ' Director, Office of Nuclear Material Safety and Safeg , U.S y.
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a, 7 pj v .y e qw W_________________-___________________ . _ _ _ _ _ _ _
Nuclear Regulatory Commission, Washington, DC 20555-0001, of its intent to apply its previously approved Appandix B program to ISFSI activities. The licensee shallidentify the program by date of submittal to the Commission, docket number, and date of Commission approval.
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- 10. In 5 72.216, paragraph (c)is revised to read as follows:
6 72.216 Reoorts. 1 l
4 (c) The general licensee 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 1
.199 .
For the Nuclear Regulatory Commission.
John C. Hoyle, Secretary of the Commission.
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Doc. Name: 0:%U\P72G.PR6 1/28/98 l
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O 8 ATTACHMENT 2 REGULATORY ANALYSIS i
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