ML20246D530
| ML20246D530 | |
| Person / Time | |
|---|---|
| Issue date: | 04/28/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-54FR19379, RULE-PR-170, RULE-PR-50, RULE-PR-72 PR-890428, NUDOCS 8905100255 | |
| Download: ML20246D530 (42) | |
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DOCKET t10i,1BER sy.pg k)%
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'Y PROPOSED RULE >
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({t)fp193N) i NUCLEAR REGULATORY COM4ISSION 10 CFR Parts 50, 72,'and 170 pfyg,,,,
., J RIN:
3150-AC76 m.
m Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites AGENCY:- Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
The Nuclear Regulatory Commission (NRC).is proposing to amend its regulations to provide, as directed by the Nuclear Waste Policy Act of 1982, for the storage of spent fuel at the sites of power reactors without, to the maximum extent practicable, the need for additional site-specific approvals.
Holders of power reactor operating licenses would be permitted to st. ore spe.nt fuel', in casks,approv.ed by NRC, under a 1
general license.
The proposed rule contains criteria for obtaining an NRC Certificate of Compliance for spent fuel storage casks.
l DATE:
Submit comments by June 19, 1989.
Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments.
received on or before this date.
ADDRESSES:
Mail written comments to Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555 ATTN:. Docketing and Service Branch.
Deliver comments to One White Flint North,11555 Rockville Pike, Rockville, MD between 7:30 a.m. and 4:15 p.m. weekdays.
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$0"54N19379 PDR '
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Copies of NUREG-0459, 0575, 0709, 1092, 1140, and NUREG/CR-1223, reports which are referenced in this notice and the environmental assess -
ment, may.be purchased through the U.S. Government Printing Office by calling (202) 275-2060 or by writing to the U.S. Government Printing Office, 1
P.O. Box 37082, Washington, DC 20013-7082.
DOE /RW-0196, referenced in the regulatory analysis, is available from the U.S. Department of Energy, Office of Scientific and Technical Information, Post Office Box 62, Oak Ridge, TN 37831.
Copies of DOE /RL-87-11, referenced in the l
environmental-assessment, and the NUREG repcrts listed above may be purchased from the National Technical Information Service, U.S.
Department of Commerce, Springfield, Virginia 22161.
Copies of the NUREG reports listed above, the environmental assessment and finding of no significant environmental impact, and comments received on the proposed rule are available for inspection and copying for a fee at the NRC Pub 1'ic Document Room, 2120 L, Street NW., Washington, DC, Lower Level.
FOR FURTHER INFORMATION CONTACT:
William R. Pearson, Office of Nuclear Regulatory Research, Nuclear Regulatory Commission, Washington, DC 20555.
Telephone:
(301)492-3764.
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SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste Policy Act of 1982 (NWPA) includes the following directive, '.'The Secretary [of DOE] shall estab-lish a demonstration program-in cooperation with the private sector, for i
the dry storage of spent nuclear fuel at c'ivilian nuclear power reactor 2
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[7590-01) q sites,withtheobjectiveofestablishingoneormoretechnologies'that the [ Nuclear Regulatory) Commission may, by rule, approve for use at the I
sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission."
Section 133 of the NWPA states, in part, that "the Commis-sion shall, by rule, establish procedures for the licensing of any-tech-nology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor."
Discussion l
This proposed rule would allow power reactor licensees to store spent fuel at the reactor site without additional site-specific. reviews.
A general license would be issued to holders of power reactor ifcenses for the storage of spent fuel in dry casks approved,by the. NRC.
The reactor-licensee would have to show that there are no changes required in the facility technical specifications or unreviewed safety questions related to activities involving storage of spent fuel under the general license.
The licensee would also.have to show conformance with conditions of the NRC Certificate of Compliance issued for the cask.
The licensee would have to establish and maintain records showing compliance, which would have to be made available for inspection by.the Commission.
This proposed rule would not limit storage of spent ~ fuel to that which is generated at the reactor site.
Transfers of spent fuel from one reactor site to another are authorized under the receiving site',sifacil-ity operating license pursuant to 10 CFR Part 50..
The; holder of a) reactor operating license would. apply.for a' license: amendment, under-
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S 50.90 unless already authorized in the operating license, for the receipt and handling of the spent fuel from another reactor.
If transfer of spent fuel is authorized, the reactor licensee would also have to make a request for amendment of the Price-Anderson indemnification agreement to provide for coverage of the transferred spent fuel.
10 CFR Part 72 is not germane'to such transfers of spent fuel.
If the spent fuel has been previously transferred and is currently stored in the reactor spent fuel-pool, the only consideration under. the general license would be whether or not the spent fuel meets conditions of the cask's Certificate of Compliance.
Although experience with storage of spent fuel under water is greater than with dry storage in casks, experience with storage of spent fuel in dry casks is extensive and widespread.
The Canadians have been st oring dry CANDU-type spent fuel at.Whiteshe11 in ' vertical concrete casks called silos.since 1975.
Although the storage of-spent fuel at Whiteshell does not involve light-water reactor (LWR) fuel, it has con-tributed to the knowledge and experience of dry spent fuel storage in concrete casks.
Dry cask storage has been demonstrated in West Germany.
There has also been experience with dry spent fuel storage in the United States.
The Department of Energy (DOE) and its predecessors have kept non-LWR spent fuel in dry storage in vaults and dry wells since the 1960s.
An NRC survey of the dry storage of spent fuel, in the United States and elsewhere, was presented in NUREG/CR-1223, " Dry Storage of Spent' Fuel -
A Preliminary Survey of Existing Technology'and Experience" (April 1980).
NUREG/CR-1223, at Section IV.C, contains a description of DOE demonstra-l tion of dry LWR spent fuel storage in sealed storage casks (SSC) and dry wells.
The storage of LWR spent fuel in SSC, which is an above ground,.
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steel-lined, reinforced concrete cylinder or cask, started i'n 1979.
The DOE demonstration program has continued and has been expanded to include dry storage in metal casks and storage of consolidated fuel rods; and storage of spent fuel assemblies.
Programs have been conducted by DOE in cooperation with Virginia Power at its Surry plant, with Carolina Power and Light at its H.B. Robinson 2 plant, and with General Electric at its l
Morris plant for dry storage of LWR spent fuel.
Also dry storage of LWR spent fuel assemblies continues at the Idaho National Engineering Lab-oratory, along with demonstration of their disassembly and storage of the consolidated fuel rods.
The NRC staff has obtained a substantive amount of information from
,the DOE development programs.
It has also ga'ined experience from the issuance of licenses for the onsite storage of spent fuel in nodular cast-iron casks at the Surry site of Virginia Power and in stainless steel canisters stored inside concrete modules at the H.B. Robinson 2 site of Carolina Power and Light.
The safety of dry storage of spent fuel was considered during development of the Commission's original regulations in 10 CFR Part 72, " Licensing Requirements for the Storage of Spent Fuel in an Independent Spent Fuel Storage Installation (ISFSI)," which was promul-gated on November 12, 1980 (45 FR 74693).
A final rule entitled,
" Licensing Requirements for the Independent Storage.of Spent Nuclear Fuel l
and High-Level Radioactive Waste," which replaced the regulations issued-on November 12, 1980, was published in the Federal Register on August 19, 1988 (53 FR 31651) and became effective September 19, 1988.
This final rule was issued mainly to provide for licensing the storage of spent fuel and high-level wait'e at a' monitored retrievable storage (MRS) facility, 57
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o and does not cover the mandates of Sections 133 and 218(a) of the NWPA.
j However, it did specifically address the safety of-dry storage of spent fuel.
Activities related to loading and unloading spent fuel casks are routine procedures at power reactors.
The procedures for' dry storage of spent fuel in casks would be an extension of these procedures.
Over the last several years the staff has reviewed and approved four spent fuel storage cask designs.
Requests for approval of cask designs are cur-rently submitted in the form of topical safety analysis reports.(TSARS).
Four dry storage cask TSARS have been' approved for referencing, which a
means that an ISFSI license applicant may reference appropriate parts of these reports in licensing proceedings for the storage of spent fuel.
This greatly reduces an ISFSI license applicant's time, effort, and cost.
The same reliance on an approved saWy analysis is being made for i
~~ on-site dry cask storage.
Separate topical safety analysis reports have been received for design of casks fabricated using nodular cast iron, thick-walled ferritic steel, concrete, and stainless steel and lead.
Four spent fuel storage j
cask topical safety analysis reports have been approved for referencing i
in specific license applications, as previously mentioned, and four are still under review at the present time.
In particular, the topical I
safety analysis report (TSAR) for the Castor-V/21, entitled " Topical Safety Analysis Report for the Castor Cask, Independent Spent Fuel Storage Installation (Dry Storage)," was submitted by General Nuclear-Systems, Inc. on December 16, 1983.
The NRC. staff approved.ther,,,
Castor-V/21 TSAR for reference in. licensing. proceedings on September-30, 1985.
In a specific licensing proceeding under Part 72 by Virginia.
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Electric Power Company (VEPCo) in January nf 1985, the use of the Castor-V/21 was approved on July 7,1986 for storage of spent fuel at their Surry Power Station.
Currently, there are seven of these casks filled and stored on the ISFSI pad at the Surry site and an eighth cask is filled and ready to be moved to.the storage pad.
Although the Castor-V/21, is the only spent fuel storage cask currently being used, tne SARs for the' Westinghouse MC-10, and the Nuclear-Assurance Corporation's NAC/ST and'NAC-C28 S/T casks have been approved-for reference.
These casks are being proposed for approval under 972.214,
" List of approved spent fuel storage casks." While.the Certificate of Compliance for each cask may differ in some specifics, c ;., certificate number; operating procedures; training exercises; spent fuel specifica-tions, many of the safety conditions are very similar.
Copies of the 1
Certificates of Compliance are being issued for comment, and a're avail-able for inspection and copying for a fee at the Commission's Public Docu-ment Room at 2120 L Street NW., Washington, DC, Lower Level.
Single copies of the proposed certificates may be obtained from J.P. Roberts, Fuel Cycle Safety Branch, Division of Industrial and Medical Nuclear-1 Safety, Office of Nuclear Materials Safety and Safeguards; (Telephone:
l (301)492-0608).
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Storage casks certified in the future will be routinely added to the listing in S 72.214 through~rulemaking procedures.
Since this type of i
rulemaking would neither constitute a significant question of policy n~or amend 10 CFR Parts 0, 2, 7, 8, 9 Subpart C, or 110,-the Commission con-cludes that such additions to 6 72.214 may be.made under the rulemaking authority 3 delegated >to<the Executive' Director g or Operations. Certifi -
cates of Compliance will be exhibited in a.NUREG report issued by the j
NMSS staff, which will be updated as appropriate._ g.7 3
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During review for the cask. designs that are being proposed for certification in this rulemaking, the NMSS staff considered compatibility with transportation to and disposal at DOE facilities and will continue to do so for future cask approvals.
The vendors of these casks have indicated that they will apply for approval of their casks for spent fuel transportation.
Currently there is limited knowledge concerning specific design criteria by which to design storage casks for minimizing the han-dling of spent fuel between the time it is put into casks for storage at 1
a reactor site and the time it will be handled for storage at a monitored retrievable storage facility (MRS) or disposal at a geologic repository.
1 However, the staff will remain in contact with DOE and will assure, to the extent practicable, that cask designs incorporate the latest design criteria available at the time that the cask' design is approved or I
certified.
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The NRC experience in the review of cask design and fabrication, and licensing of spent fuel storage installations on the site of operating-l reactors, has been documented in part by publication of two draft regula-tory guides.
In April of 1986, two draft regulatory guides entitled
" Standard Format and Content for the Safety Analysis Report for Onsite Storage of Spent Fuel Storage Casks" (Task number CE-301) and " Standard Format and Content for a Topical Safety Analysis Report for a Dry Spent Fuel Storage Cask" (Task number CE-306) were issued for public. comment.-
These draft guides are being processed and the guide under task number CE-301 will become Regulatory Guide 3.62 and the one under task number CE-302 will become Regulatory Guide 3.6L Single copies of these> draft guides m'y be obtcined from W.R. Pearson;'0ffice of Nuclear Regulatory a
i Research, Nuclear Regulatory Commission;JWashingtor., DC 20555 (Telephone:
(301) 492-3764)..
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[7590-013 The passive nature of dry storage of spent fuel in casks provides-operational benefits attractive to potential users.
One benefit is that there is no need to provide operating systems to purify and circulate cooling water or other fluid.
Another benefit is that the potential for corrosion of the fuel cladding and reaction with the fuel is reduced,-
because an inert atmosphere is. expected to be maintained inside dry spent fuel storage casks.
Because cooling of the' spent fuel is a passive activity, active mechanisms, such as pumps and fans, are not required.
Although Part 72 allows storage of any spent fuel over one year old, l
(i.e., one year since the fuel was involved in a sustained nuclear chain reaction), it is anticipated that most spent fuel stored in casks will be five years old or more.
Because of the passive nature of cask cooling, the storage capacity of a cask is significantly increased as the spe.nt l
fuel is aged, especially for fuel that is five years old or more.
It is
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probable that reactor licensees will remove the older fuel from their storage pools to take advantage of this additional cask storage capacity.
i As a result of the above discussion, the Commission believes that dry storage of spent fuel in casks approved by the Commission will pro-vide adequate protection to public health and safety and the environment.
i Proposed Rule The General License Under this proposed rule, a general license would be issued to l
l holders of nuclear power reactor licenses to store spent fuel at reactor sites in casks approved by the NRC.
The Commission will rely on dry stor-age of spent fuel in: casks for confinement of radioactive material to M
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provide adequate protection of public health and safety and the environ-ment.
A power reactor license holder would have to notify the Commission before storing spent fuel under the general license for the first time l
l and register use of each cask as the spent fuel is stored.
A separate record would also be established for each cask by the cask vendor, which would be transferred to and be maintained by cask users.
The reactor license holder would have to ensure that the storage of spent fuel will be in compliance with the conditions of the cask Certifi-cate of Compliance, inc'luding assurance that site parameters and other design bases are within the envelope of the values analyzed in the cask
)
l safety analysis report.
Evaluations would also have to be made to onsure that there will be no changes necessary to the facility technical specifications and that there are no unresolved safety questions in activ-ities involving the storage casks.
Procedures and criteria in 10 CFR
' ' 50.59 would be used far these evaluations.
These types of evaluation are currently done for specific licenses issued under Part 72.
Issues related to systems and components used both for reactor operations and j
spent fuel storage activities would be included.
Most concerns to date have been related to control of heavy loads and have been accommodated.
If there is a safety problem or a change in technical specifications required, and the reactor license holder wishes to store spent fuel under the general license, the problem would have to be resolved before storing spent fuel under the general license and could include submittal of an application for license amendment under Part 50 if necessary.
Reactor licensees would have to review their quality assurance program, emergency plan, training ' program; an'd' radiation control program using proce-dures in $50.59 and modify them as may be necessary to cover the activities 10.
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related to spent fuel storage under the general license.
These plans and programs are in effect for reactor operations and the appropriate existing plan or program could be modified or amended to cover activities related to the spent fuel storage.
The reactor licensee would have to conform to conditions in the cask's Certificate of Compliance, which includes conducting activities according to written operating procedures.
These operating procedures could be developed using the same or a similar system by which the operating procedures for the reactor.were developed.
Instances in which significant reductions in the safety effective-ness of or defects'in casks are discovered'must be reported to the NRC.
Initial reports would be s'ubmitted under 10 CFR S 50.72 "Immediate notification requirements for operating nuclear power reactors." A new paragraph would be added to S 50.72(b)(2) for this purpose.
A complete j
written report would be submitted within 30. days.
When the power reactor operating license expiration date approaches, the holder of the license must take some actions.
Under 10 CFR 50.54(bb) the reactor license holder must submit a' program in writing to the Com-mission, no later than five years prior to the license expiration date, j
showing how the reactor licensee intends to manage and provide funding for the management of all irradiated fuel on the reactor site.
This l
program would have to include the spent fuel stored under the general license proposed in this rulemaking.
The reactor licensee will also have to decide whether to request termination of the reactor operating license under 10 CFR 50.82.
If the reactor license holder decides to apply for termination of the license, the plan submitted with the application must show how the spent fuel stored under this general license will be removed from the site.
The plan would have to include an explanation of when and 11
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how' the spent fuel will be moved, unloaded, and shipped prior to starting l
decommissioning of the equipment needed for these activities.
In part, the environmental assessment for this rulemaking relies on findings from the Waste Confidence Decision (49 FR 34658, 8/31/84), in J
l which the Commission concluded they. had confidence that there would'be no
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significant environmental impacts from the storage of spent fuel for a I
period of 30 years beyond the expiration date of reactor licenses.
- Thus, an application for reactor license termination that proposes a decommission-ing period beyond this 30 year period would have to contain a discussion of the environmental impacts from storage of the' spent fuel beyond the period analyzed by the Commission.
The general license would terminate automatically when the spent fuel is removed from storage.
Cask Certification j
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A spent fuel storage cask will be relied on to provide safe confinement of radioactive material independent of a nuclear power reactor's site, so-long as conditions of the Certificate of Compliance are met.
The storage cask approval program, in many respects, will be analogous to that now conducted for spent fuel casks approved for transportation under 10 CFR Part 71.
A cask vendor will submit a safety analysis report showing how the cask design, fabrication, and testing will ensure adequate protection of public health and safety.
Certificates of Compliance will be exhibited in a NUREG report, which will be made available to the public.
Spent fuel is now temporarily stored at reactor sites, ISFSI, and-elsewhere until a Department of Energy monitored retrievable storage facility or high-level radioactive waste repository is ready.
The i
spent fuel will then be shipped to'one of these facilities.
Changes --
in the law could shift the Commission's policies or cause a change 12 a
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in its regulations.
It. appears to be prudent that cask design approvals, i.e., approval of spent fuel cask topical safety analysis reports under current regulations; or issuance of Certificates of Compliance under the proposed regulation, should be for a limited time period.
Current regulations limit the storage of spent fuel in an ISFSI to 20 years, after which the license may be renewed.
The Comission believes that.
20 year increments are appropriate for such cask-design approvals, after which designs may be renewed.
The holder of the cask Certificate of Compliance (cask vendor) should apply for re-approval of a storage cask.
Submittal of an application would be made 17 years after the initial cask approval date, which.is three years prior to the expiration date of the cask certificate, to allow time for the NRC staff to reevaluate the cask safety and. reissue the cask certificate.
If the holder of a cask certificate goes out of
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business or will not submit an application for reapproval in a timely manner for any reason, the Commission should be notified and it in turn would notify cask users.
In any case, cask users would have to ensure that spent fuel is stored in casks approved by tha NRC.
Several options would be available to licensees.
If a cask design is reapproved under sub-
.mittals by the vendor, the Commission'would notify all users and the only action necessary for the users would be to update the cask's records.
If the cask vendor does not apply for reapproval, for whatever reason, the licensee would be notified by~the Commission.
The licensee would.then~
have to arrange for reapproval or remove casks from service as their 20 year approved storage life expired.
This.could mean removal of the spent fuel and storing it elsewhere.
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The Comission believes that a prudent concern for overall activities-1 related to the back-end of the' LWR fuel cycle dictates that consideration i
u should be given to the compatibility of-spent fuel storage cask designs with the transportation of the spent fuel to its ultimate disposition at a 00E facility.
Cask designers should be aware of DOE developments and plans for transportation of spent fuel offsite and should design spent fuel storage casks,'to the extent that is practicable given the informa-tion that is available at the time that the cask is designed, for compat-ibility with future ' disposition of the spent fuel. :The cask. designs that are included in this rulemaking comply to the extent practicable at this'
-time.
The Commission notes that the vendors of these casks have indicated their intent to pursue certification for their cask as a shipping container j
for offsite transportation under 10 CFR Part 71.
However, spent fuel can be safely off-loaded from storage casks at reactor sites,.if necessary,
~~ at the end of the storage period.
In the interest of minimizing overall fuel cycle impacts the Commission encourages storage cask' design develop-ments that would reduce the handling of spent fuel.
The scope of this rule is to allow holders of nuclear power reactor licenses to store spent nuclear fuel at reactor sites under a general license using certified dry storage casks, because use of these casks is essentially independent of site characteristics. -The Commission has evaluated and approved, in specific licenses issued under 10 CFR Part 72, other types of dry. storage modules.
These methods may be approved in.the future for use under a general license.
NRC costs related to spent fuel storage cask Certificates of Compliance, cask fabrication inspections, and onsite inspections would be fully recovered.
The schedule of fees in 10' CFR 170.31 would be revised to recover these costs.
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4 Safeguards Spen,t fuel removed from light water reactors contains low enriched uranium, fission products, plutonium, and other' transuranium elements (transuranic).
Owing to the special nuclear material in spent fuel, safeguards for an independent spent fuel storage installation must pro-i tect against theft _ and radiological sabotage and must provide for mate -
rial accountability.
The requirements for physical protection are set forth in proposed S 72.212.
No specific requirements'for material con-trol and accounting are being added because existing requirements in Parts 72 and 50 are adequate..
The theft issue arises mainly from the plutonium component of the spent. fuel.
Plutonium, when separated from other substances, can be used in the construction of nuclear explosive devices and therefore must be I
provided with a high level of physical protection.
However, the plutonium contained in spent fuel is not readily separable from the highly radioactive fission products cad other transuranic and for that reason is not considered a highly attractive material for theft.
Moreover, the massive construction of casks significantly complicates theft scenarios, For these reasons no specific safeguards measures to protect against theft are proposed other than maintaining accounting records'and conducting' periodic inventories of the special nuclear material contained in the j
spent fuel.
Safeguards measures should be consistent with' existing site provisions against potential radiological sabotage.
The term " radiological sabotage" is-defined in 10 CFR Part 73 and means any deliberate act directed against a l
plant or transport vehicle and cask in which an activity licensed under NRC i
regulations is conducted, or against a component of a plant or transport 15 a-
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vehicle and cask which could directly or indirectly endanger the public
, health and safety by exposure to radiation.
In assessing the probability and consequences of radiological sabo-tage, the NRC considers:
(1) the threat to storage facilities; (2) the response of typical storage casks or vaults and their contained spent fuel to postulated acts of radiological sabotage; and (3) the public health consequences of acts of radiological. sabotage.
The NRC has carried out studies to develop information about possible adversarygroupswhichmightposeathreatto1}censednuclearfacilities.
The results of these studies are published in NUREG-0459, " Generic Adver-sary Characteristics - Summary Report" (March 1979) and NUREG-0703,
," Potential Threat to Licensed Nuclear Activities from Insiders" (July 1980).
Actions against facilities were found to be limited to a number of low consequence activities and harassments, such as hoax bomb threats, q
vandalism, radiopharmaceutical thefts, and firearms discharges.
The list of actions is updated annually in a NUREG-0525, " Safeguards Summary Event List" (July 1987).
None of the actions have affected spent fuel contain-ment and, thus, have not caused any radiological health hazards.
In addition, the NRC staff regularly consults with law ' enforcement agencies and intelligence gathering agencies to obtain their views concerning the possible existence of adversary groups interested in 1
radiological sabotage of commercial nuclear facilities.
None of the information the staff has collected confirms the presence of an identi-fiable domestic threat to dry storage facilities or to other components of nuclear facilities.
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Despite the absence of an identified domestic threat, the NRC has considered it prudent to study the response of loaded casks to a range of i
sabotage' scenarios.
The study.is classified.
However, an overview of the study is provided in the following par.agraphs.
Being highly radioactive, spent fuel requires heavy shielding for i
safe storage.
Typical movable storage casks are of metal or concrete, l
weigh 100 tons, and have wall thickness from 10 to 16 inches of metal-or i
30 inches of concrete.
The structural materials and dimensions enable i
l the casks and vaults to withstand attack by small arms fire. pyrotechnics, I
mechanical aids, high velocity objects, and mostiforms of explosives without release ~ of spent fuel.
After considering various technical l
approaches to radiological sabotage, the NRC concluded that radiological j
sabotage, to be successful, would have to be carried out with the aid of a large quantity of explosives.
The consequences to.the. p.ublic health and safety would stem almost exclusively from the fraction of the release that is composed of respir-able particles.
In an NRC study, an experiment was carried out to
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i evaluate the effects of a*very severe, perfectly executed explosive sabo-tage scenario against a simulated storage cask containing spent fuel assemblies.
The amount of fuel disrupted was measured.'
The fraction of disrupted material of respirable dimensions (0.005%) had been determined in a previous experiment.
From this information, an' estimate of the air-borne, respirable release was made, and the dose as a function of range and other variables was calculated.
In a typical situation, 'or an indi-f vidual at the boundary of the reactor site (taken as 100 meters from the location of the release) and in the center of the airborne plume, the 17-um ~
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whole-body dose was calculated to be 1 rem and the 50 year dose commit-ment (to the lung, which is the most sensitive organ) was calculated to-be 2 rem.
Doses higher or lower can be obtained depending on the vari-ables used in the calculation.
Variables include the meteorological conditions, the age and burn-up of the fuel, the neat-induced buoyancy of the airborne release, the range to the affected individual, and the explosive scenario assumed.
Although the experiment and calculations. carried out lead to a con-clusion of low public health consequences, there are limitations that l
must be taken into. account.
In particular, consequence modeling assump-tions more severe than those in the foregoing calculation are possible if
'I unconstrained sabotage resources or protracted loss of control of the storage s.ite are allowed.
For that reason, protection requirements are proposed to provide for (1) early ' detection of malevolent moves against I
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the storage site, and (2) a means to quickly summon response resources to assure against protracted loss of control of the site.
The proposed requirements comprise a subset of the overall protec-tion requirements currently in force at every operating nuclear power reactor.
Inasmuch as the security force at each reactor is thoroughly familiar with requirements similar to those proposed and has years of experience in carrying them out, the NRC concludes that the requirements can be successfully imposed through a general license for storage of spent fuel in NRC-approved casks without the need for advanced NRC review and approval of a physical security plan or other site-specific documents before the reactor licensee implements the requirements.
Material control and accounting (MC&A) requirements are designed to protect against the undetected loss of the special nuclear material in 18
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spent fuel by maintaining vigilance over the material, tracking its move-ment and location, monitoring its inventory status, maintaining records of transactions and movements, and issuing reports of its' status at the time of physical inventory.
Similar requirements for MC&A have been applied to power reactors, to spent fuel storage at independent spent fuel storage installations, and to operctions at certain other classes of i
fuel cycle facilities without requiring the licensee to submit a plan to document how compliance will be achieved.
In these situations the requirements have been found to be sufficient.
For_these reasons, it is concluded that the MC&A requirements for the dry storage of spent fuel at power reactors can be handled under a general license.
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'A minor editorial change to S 72.30(b) is also proposed to make j
3 clear that a decommissioning funding plan is an integral part of an applicant's proposed decommissioning plan.
Finding of No Significant Environmental Impact:
Availability The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Sub-part A of 10 CFR Part 51, that this rule, if adopted, would not be a major Federal action significantly affecting'the quality of the human environment and therefore'an environmental impact statement is not required.
The rule is mainly administrative in nature and would not '
change safety requirements, which'could-have significant environmental impacts.
The proposed rule wculd provide for power reactor licensees to store spent fuel in casks approvad by NRC at reactor sites without addi-tional site-specific approvals by the Commission.
It would set forth 19
- " m
[7590-01]
conditions of a general license for the spent fuel storage and procedures
- and criteria for obtaining storage cask approval.
The environmental assessment and finding of no significant impact on which this'determina-tion is based are available for inspection at the NRC Public Document Room, 2120 L Street NW., Washington, DC, Lower Level.
Single copies of the environmental assessment and the finding of no significant impact are available from W.R. Pearson, Office of Nuclear Regulatory Research, Nuclear Regulatory Commission, Washington, DC 20555; Telephone:
)
(301) 492-3764.
Paperwork Reduction Act Statement
]
This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et j
~
~
seq.).
This rulemaking has been submitted to the Office of Management and Budget for review and approval of the information collection requirements.
The reporting " burden for this collection of information is estimated to average 2,336 hours0.00389 days <br />0.0933 hours <br />5.555556e-4 weeks <br />1.27848e-4 months <br />, which will be primarily for development and sub-mittal of a safety analysis report (SAR) by spent fuel storage cask ven-dors.
Review and approval of an SAR is necessary in order to obtain a Certificate of Compliance for a cask design from NRC.
A Certificate of Compliance is required for each cask design before these casks can be used for spent fuel storage under the general license in this rule.
Responses required from power reactor licensees under this rule would be initial notification for use of the generaf license and submittal of a notice 20
__ms...
[7'590-01]
when each cask is stored.
Thus, no significant reporting burden is antic-ipated for these licensees.
Send comments regarding this burden estimate or any other aspect of this collection of information, including sugges-tions for reducing this burden, to the Records and Reports Management l
Branch, Mail Stop P-530, Division of Information Support Services, Office of Information Resources Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and to the Paperwork Raduction Project (3150-0132),
Office of Management and Budget, Washington, DC 20503.
Regulatory Analysis The Commission has prepared a preliminary regulatory analysis on this proposed rule.
The analysis examines the benefits and impacts considered by the Commission.
The Preliminary Regulatory Analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW., Washington, DC, Lower Level.
Single copies may be obtained from W.R. Pearson, Office of Nuclear Regulatory Research, Nuclear Regulatory Commission, Washington, DC 20555; Telephone:
(301)492-3764.
The Commission requests public comments on the preliminary regula-tory analysis, which may be submitted to the NRC as indicated under the ADDRESSES heading.
Regulatory Flexibility Act Certification As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule, if adopted, will not have a significant economic impact on a substantial number of small 21
e
[7590-01].
entities.
This proposed rule affects only licensees owning and operating nuclear power reactors.
The' owners of nuclear power plants do not fall within the scope of the definition of "small entities" set forth in Sec-
~
tion 601(3) of the Regulatory Flexibility Act,- 15 U.S.C. 632, orL the Small Business Size Standards set out in regulations issued by the Small l
Business Administration at 13 CFR Part 121.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule, and, thus, a backfit analysis is not i
1
~ required for this proposed rule, because these amendments do not involve 1
any provisions-which would impose backfits as defined in S 50.109(a)(1).
)
.ListofSubjects I
Part 50:
Antitrust, Classified information, Fire protection,
)
i Incorporation by reference, Intergovernmental relations, Nuclear power i
plants and reactors, Penalty, Radiation protection, Reactor-siting
]
criteria, and Reporting and recordkeeping requirements.
Part 72:
Manpower training programs, Nuclear materials, Occupational 1
L safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
.I Part 170:
Byproduct material, Nuclear materials, Nuclear power plants and reactors; Penalty, Source material, Special nuclear material.
.i
'1 j
22;
i
[7590-01]
l For 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, the Nuclear Waste Policy Act of 1982, and 5 U.S.C. 552 and 553, the NRC is proposing to adopt the following revisions to 10 CFR'
)
Part 72 and' conforming amendments to 10 CFR Parts 50 and 170.
i l
I PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE
- l OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE 1.
The authority citation for Part-72 is revised 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, l
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.
)
23 l
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, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)).
Sub-parts K and L are also issued under sec. 133, 96 Stat. 2230 (42 U.S.C.
10153) and 218(a), 96 Stat. 2252 (42 U.S.C. 10198).
For the purposes of sec. 223, 68 Stat. 958,.as amended (42 U.S.C.
2273); SS 72.6, 72.22, 72.24, 72.26, 72.28(d), 72.30, 72.32, 72.44(a),
(b)(1), (4), (5), (c), (d)(1), (2), (e), (f), 72.48(a), 72.50(a),
72.52(b),72.72(b),(c),72.74(a),(b),72.76,72.78,72.104,72.106, 72.120,72.122,72,124,72.126,72.128,72.130,72.140(b),(c),72.148, i
72.154, 72.156, 72.160, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, h2.184,72.186 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); SS 72.10(a), (e), 72.22, 72.24, 72.26, 72.28, 72.30,
~~
72.32,72.44(a),(b)(1),(4),(5),(c),(d)(1),(2),(e),(f),72.48(a),
72.50(a),72.52(b),72.90(a)-(d),(f),72.92,72.94,72.98,72.100, 72.102(c), (d), (f), 72.104, 72.106, 72.120, 72.122, 72.124, 72.126, 72.128,72.130,72.140(b),(c),72.142,72.144,72.146,72.148,72.150, 72.152, 72.154, 72.156, 72.158, 72.160, 72.162, 72.164, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.182, 72.184, 72.186, 72.190, 72.192, 72.194 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C.
2201(i)); and SS 72.10(e), 72.11, 72.16, 72.22, 72.24, 72.26, 72.28, 72.30,72.32,72.44(b)(3),(c)(5),(d)(3),(e),(f),72.48(b),(c),
72.50(b),72.54(a),(b),(c),72.56,72.70,72.72,72.74(a),(b),
72.76(a),72.78(a),72.80,72.82,72.92(b),72.94(b),72.140(b),(c),
(d),72.144(a),72.146,72.148,72.150,72.152,72.154(a),(b),72.156, 72.160, 72.162, 72.168, 72.170, 72.172, 72.174 72.176, 72.180, 72.184, i
3 24
..__= = _ = _
[7590-01]
,72.186, - 72.192, 72.212(b), 72.216, 72.218, 72.230, 72.234(e) and (g) are issued under sec. 1610, 68 Stat. 950,-as amended (42 U.S.C. 2201(o)).
2.
In S 72.30, paragraph (b) is revised to read as follows:.
S 72.30 Decommissioning planning, including financing and recordkeeping.
=
a a
a m
l (b) The proposed decommissioning plan must also include a decom-missioning funding plan containing'information on how reasonable assurance will be provided that funds will be available to decommission the ISFSI or MRS, This information must include a cost esticate for i
decommissioning and a description of.the method of assuring fiandr for
, decommissioning from paragraph _(c) of this section, including means of i
adjusting cost estimates and associated funding levels periodically over the life of the ISFSI or MRS.
t 3.
New Subpart K and Subpart L are added to read as follows:
Subpart K - General License for Storage of Spent Fuel at Power Reactor Sites Sec.
72.210 General license issued.
72.212 Conditions of general license issued under S 72.210.
72 214 List of approved spent fuel storage casks.
72.216 Reports.
72.210 Termination of licenses.
72.220 Violations.
25 re
[7590-01]
.i 9
Subpart L - Approval of Spent Fuel Storage Casks 72.230 Procedures for spent fuel storage cask submittals.
72.232 Inspection and tests.
J 72.234 Conditions of approval.
72.236 Specific criteria for spent fuel storage cask approval.
72.238 Issuance of an NRC Certificate of. Compliance.
72.240 Conditions for spent fuel storage cask reapproval.
j Subpart K - General License for Storage of Spent Fuel at Power Reactor Sites S 72.210 General license issued.
A general license is hereby issued for the storage of spent fuel in an independent spent fuel storage installation at power reactor sites to persons authorized to operate nuclear power reactors under Part 50 of this chapter.
S 72.212 Conditions of general license issued under 8 72.210.
(a)(1) The general license is limited to storage of spent fuel in casks approved under the provisions of this part.
1 (2) The general license for the storage of spent fuel in each cask fabricated under a Certificate of Compliance shall terminate
?) years after the date that the cask is first used by the licensee to store spent fuel, unless the cask model is reapproved in which case the general license shall terminate on the revised certification date.
In the event that a cask vendor does n'ot apply for a cask model reapproval I
1 26 1
~-~.n-n.
l
[7590-01]
I under S 72.240, any user or ' user representative may _ apply for cask reapproval.
(b) The general-licensee shall:
i
'(1)(i) Notify the Nuclear Regulatory Commission,under $72.4 at 1
least 90 ' days prior to first_ storage of spent fuel under the general-license.
The notice may be in the form of a letter, but must contain the licensees name,. address, reactor license number (s), and the name and '
means of contacting a person for additional information.
A copy'of the submittal must be sent to the Administrator of the. appropriate Nuclear Regulatory Commission regional office listed in Appendix 0 to Part 20.
(ii) Register use of each cask with the. Nuclear Regulatory Commission no later than 30 days after using the cask to store spent fuel.
This registration may be. accomplished by submitting a' letter containing the following information:
the licensee's name and address, the licensee's reactor license number (s),,the name and title of a person who can be contacted for additional information, the cask certificate or model number, and the cask identification number.
Submittals must be in accordance with the instructions contained in S 72.4 of this part.
A copy of each submittal must be sent to the Administrator of the appro-priate Nuclear Regulatory Commission regional office listed in Appendix 0 to Part 20.
(2) Perform written evaluations showing that conditions set forth in the Certificate of Compliance are met for the anticipated total number-l of casks to be used'fbr storage.
The licensee'shall also show that cask storage pads and areas are designed to adequately support the static load of the stored casks.
Evaluations must show that the requirements of 6 72.104 of this part are met.
A copy of this record must be retained
'27
[7590-01]
until spent fuel is no longer stored under the. general license issued under S 72.210.
(3) Review the approved Safety Analysis Report (SAR) referenced in the Certificate of Compliance and the related NRC Safety Evaluation Report to determine that the licensee's applicable site parameters are enveloped by the cask design capabilities considered in these reports.
The results of this review should be documented in the evaluation made in paragraph (b)(2) of this section.
(4) Pursuant to S 50.59 of this chapter, determine whether activ-
)
1 ities under this general license involve any unreviewed safety question
~
or change in the facility technical specifications.
-(5) Protect the spent fuel against the design basis. threat of radio-logical sabotage in accordance with the licensee's physical security plan approved in accordance with S 73.55 of this chapter, with the following additional conditions and exceptions:
(i) The physical security organization and program must be modified as necessary to assure that activities conducted under this general license do not decrease the effectiveness of the protecticn of vital equipment in accordance with 6 73.55 of this chapter.
(ii) Storage of spent fuel must be within a protected area, in accordance with S 73.55(c) of this chapter, but need not be within a I
separate vital area.
Existing protected areas may be expanded or new protected areas added for the purpose of storage of spent fuel in accordance with this general license.
(iii) Notwithstanding any requirements of the licensee's approved security plan, the observational capability required by 6 73.55(h)(6) of this chapter may be provided by a guard or watchman in lieu of closed 28
i
[7590-01]
j i
circuit' television for protection of' spent fuel.under the provisions of-this general license.
(iv) For the purposes of this general license, the. licensee is exempt from S 73.55(h)(4)(iii)(A) and (5) of this chapter.
(6) Pursuant to the procedures in $50.59 of this chapter,' review the reactor emergency plan, quality assurance program, training program, and. radiation protection program and modify them as necessary.for activi-ties related to storage of spent' fuel under the general' license.
(7) Maintain ~a copy of the Certificate of Compliance and documents-referenced in the certificate for each model of cask used for storage of spent fuel, until use of the cask model is discontinued.
The licensee shall comply with the terms and conditions of the certificate.
(8)(i) Maintain the record provided by the cask supplier for each cask that shows:
(A) The NRC Certificate of Compliance' number; (B) The name and address of the cask vendor / lessor; (C) The listing of spent.fuei stored in the cask; and (D) Any maintenance performed o'n the cask.
(ii) This record must include sufficient information to furnish documentary evidence that any testing and maintenance of-the cask has been conducted under an approved quality assurance program.
(iii) In the event that a cask is sold, leased, loaned, or otherwise l
transferred, this record must also be transferred to and must be accurately maintained by the new registered user.
This record'aust'be maintained by.the current cask user during the period that the cask is-used for storage of spent fuel and retained by the last user until decommissioning of the cask is complete.
29
.[7590-01].
(9)
Conduct activities related to storage of.: spent fuel under this general license in accordanc'e with written procedures.
(10) On reasonable notice, make' records available to the Commission for~ inspection.
S 72.214 List of approved spent fuel storage casks.
The following casks have been reviewed.and evaluated by the Commission and are approved for storage of spent fuel under the conditions;specified in their Certificates of Compliance.
Certificates of Compliance are.
available for inspection and copying for a fee at the Commission's Public Document Room at 2120 L Street NW., Washington, DC, Lower Level.
Certificate Number:
1000 SAR Submitted by:
General Nuclear Systems, Inc.
Title:
" Topical Safety Analysis Report for the Castor V/21 Cask Independent Spent Fuel Storage. Installation (Dry Storage)
(TSAR)"
Docket Number:
72-1000 Certification Expiration Date:
, 2009 Model Number:
CASTOR V/21 Certificate Number:
1001 i
SAR Submitted by:
Westinghouse Electric Corporation i
Title:
Topical Safety Analysis Report for The MC-10 Cask Independent Spent Fuel Storage Installation (Dry Storage)
Docket Number:
72-1001
~
Certification Expiration Date:
, 2009
' Model Number:
MC-10 30-
~
[7590-01]
Certificate Number:
1002 SAR Submitted by:
Nuclear Assurance Corporation.
Title:
Topical Safety Analysis Report For The NAC Storage / '
Transportation Cask Independent Spent Fuel Storage Installation (Dry Storage)
Docket Number:
72-1002 Certificate Expiration Date:
,'2009 i
Model Number:
NAC S/T Certificate Number: -1003 SAR Submitted by:
Nuclear. Assurance Corporation
'SAR
Title:
Topical Safety Analysis _ Report For~The NAC Storage /
Transportation Cask Containing Consolidated Fuel For Use at an Independent Spent Fuel Storage Installation (Dry. Storage)
I Docket Number:
72-1003 i
Certificate Expiration Date:
,2009 Model Number:
NAC-C28 S/T
$ 72.216 Reports.
(a) The licensee shall make an initial report under S 50.72(b)(2)(vii) of this chapter of any:
f (1) Defect with safety significance discovered in any spent fuel' L
i l
storage cask system or. component 'important to ' safety; and l
1 i
' 31'.
.m (2)
Instance in which there is a significant reduction in the effectiveness of any spent fuel storage cask confinement system during use.
(b) A written report, including a description of the means employed to repair any defects or damage and prevent recurrence, must be submitted in accordance with 5 72.4 within 30 days.
A copy of the written report must be sent to the Administrator of the appropriate Nuclear Regulatory Commission regional office shown in Appendix 0 to Part 20 of this Chapter.
S 72.218 Termination of licenses.
(a) The notification regarding planning for the management of all spent fuel at the reactor required by S 50.54(bb) of this chapter must include a plan for removal of the spent fuel stored under this general license from the reactor site.
The plan must show how the spent fuel
~~
will be managed before starting to decommission systems and components needed for moving, unloading, and shipping this spent fuel.
(b) Spent fuel previously stored may continue to be stored under I
this general license during decommissioning after submission of an application for termination of the reactor operating license under S 50.82 of this chapter.
An application for termination of the reactor operating license submitted under S 50.82 of this chapter must, h wever, contain a description of how the spent fuel stored under this general license.will be removed from the reactor site.
If the decommissioning alternative selected under S 50.82 is likely to extend,beyond 30. years 1
after the normal term of the reactor operating license, the. licensee L
shall include in the application a discussion of. incremental environ-mental impacts of the exte,nded sperit fuel ' storage.
~
32 e
[7590-01]
(c) The reactor licensee shall send a copy of submittals under I
S 72.218(a) and (b) to tho Administrator of the appropriate Nuclear 1
Regulatory Commission regional office shown in Appendix 0 to Part 20 i
of this Chapter.
I S 72.220 Violations.
Storage of spent fuel under a general license may be halted or 1
terminated under S 72.84.
Subpart L - Approval of Spent Fuel Storage Casks l
5 72l230 Procedures for spent fuel storage cask submittals.
(a) An application must be submitted in accordance with the l
instructions contained in S 72.4.
A safety analysis report describing the prcposed cask desi.gn. and how the cask should be used to store spent fuel safely must be included with the application.
(b) Casks that have been certified for transportation of spent fuel under Part 71 of this chapter may be approved for storage of spent fuel under this subpart. An. application must be submitted in accordance with the instructions contained in S 72.4.
A copy of the Certificate of Compliance issued by the NRC for the cask, and drawings and other docu-ments referenced in the certificate, must be included with the applica-tion.
A safety analysis report. showing that the cask is suitable for l
storage of spent fuel 'for a' period of at least 20 years must also be included.
i I
l 1
33
[7590-01]}
(c) Public inspection.
An application for the approval of a cask for storage of spent fuel may be made available for public inspection under S 72.20.
(d) Fees.
Fees for review and evaluation related to issuance of a spent fuel storage cask Certificate of Compliance, inspections l
related to spent fuel storage in approved casks on reactor sites, and j
vendor inspection of dry storage casks are those shown in S-170.31 of this chapter.
S 72.232 Inspection and tests.
(a) The applicant shall permit, and make provisions for, the Commission to inspect at reasonable times the premises and facilities at which a spent fuel storage cask is fabricated and tested.
I (b) The applicant shall perform, and make provisions-that permit
~
the Commission to' perform, tests that the Commission deems necessary or appropriate for the administration of the regulations in this part.
(c) The applicant shall submit a notification under S 72.4 at least 45 days prior to starting fabricat. ion of.the first spent fuel storage cask under a Certificate of Compliance.
S 72.234 Conditions of approval.
(a) Design, fabrication, testing, and maintenance of a spent fuel storage cask must comply with the technical criteria in S 72.236.
i (b) Design, fabrication, testing, and maintenance of spent fuel storage casks must be conducted under a quality assurance program that meets the requirements of Subpart G of this part.
34-
[7590-01]
(c)
Cask fabrication must not start prior to receipt of the Certifi-cate of Compliance for the cask model.
(d)(1) The cask vendor shall ensure that a record is established and maintained for each cask' fabricated under the NRC Certificate' of Compliance.
I (2) This record.must include:
(i) The NRC Certificate of. Compliance number; (ii) The cask model number; (iii) The cask identification number; (iv) Date fabrication' started;.
(v) Date fabrication completed;
)
(vi) Certifica. tion that the ecsk was designed, fabricated, tested,
~
and repaired in accordance with a quality assurance program accepted I
by NRC;.
i (vii) Certification that inspections required by S 72.236(j) were I
performed and found satisfactory; and
~
(viii) The name and address of the cask user.
(3) The original of this record must be 1u; plied to the cask user.
A copy of the current composite record of all tasks, showing the above information, must be retained by the cask vendor for the life of the cask.
If the cask vendor permanently ceases production of casks under a Certificate of Compliance, this record must be sent to the Commission using instructions in S 72.4.
(e) The composite record required by paragraph (d) of this section must be made available to the Commission for inspection.
35
[7590-01]
i
- (f) The cask vendor shall ensure that written' procedures.and
_j appropriate tests are established for use of the casks.
A copy of these procedures and tests must be provided to each. cask user.
S 72.236 Specific criteria for spent fuel storage cask approval.
(a) Specifications concerning the spent fuel to be stored l
in the cask, such as the type of spent fuel (i.e., BWR, PWR, both),
j i
enrichment of the unirradiated fuel, burn up (i.e., megawatt-days /MTU),
l cooling time of the spent fuel prior to storage in the cask, maximum i
heat designed to be dissipated (i.e., kw/ assembly, kw/ rod), the maximum spent fuel loading limit, and condition of the spent fuel (i.e., intact
,asseinbly or consolidated fuel rods), inerting atmosphere requirements, must be provided, l
(b) Design bases and design criteria must be provided for-structural members.and, systems important to saf.ety.
(c) The cask must be designed and fabricated so that the spent fuel is maintained in a subcritical condition under credible conditions.
(d) P.adiation shielding and confinement features must be provided to the extent required to meet the requirements in $$ 72.104 and 72.106 of this part.
(e) Casks must be designed to provide redundant sealing of i
l confinement systems.
4 (f) Casks must be designed to provide adequate heat removal capacity without active cooling systems.
' (g) Casks must be designed to store the spent fuel safely for a minimum of 20 years and permit maintenance as required.
~
36 i
[7590-01]
(h) Casks'must be compatible with wet or dry spent fuel loading and unloading facilities.
'(i) Casks must be designed to facilitate decontamination to the extent practicable.
I (j) Casks must be'. inspected to ascertain that there are no cracks, 1
pinholes, uncontrolled voids, or other defects that could significantly I
reduce their confinement effectiveness.
(k) Casks must be conspicuously and durably marked with (1) A model number; (2) A u.aique identification number; and (3) An empty weight.
'(1) Casks and systems important to safety must be evaluated, by
. subjecting a sample or scale ~model to tests appropriate to the part being tested, or by other.means acceptable to the Commission, demonstrating that they will reasonably maintain ~ confine _ ment,of radioactive material under normal, off-normal, and accident conditions.
(m) To the extent practicable, in the design of dry spent fuel storage casks, consideration should be given to the compatibility of the dry storage cask systems and components with transportation and other activities related to the removal of the stored spent fuel from the reactor site for ultimate disposition by the Department of Energy.
l 9 72.238 Issuance of an NRC Certificate of Compliance.
A Certificate of Compliance for a cask'model will be issued by.NRC on a finding that (a) The criteria in S 72.236(a) through (i) are met; and 37
[7590-01]'
(b) The applicant certifies.,that each. cask will be fabricated ~,
~
i inspected, and tested.in accordance with S 7'2.236(j) and'(l').
l 9 72.240 Conditions for spent fuel storage cask reapproval.
(a) The holder of a cask model Certificate of Compliance, a user of a cask model approved by NRC, and representatives of. cask users may apply for a cask model reapproval.
.(b) Application for reapproval of a cask model must be submitted 3 years prior to the date that the Certificate of' Compliance for that model expires.
The application must be accompanied by a safety analysis report (SAR).
The new SAR may reference the SAR originally submitted.for the cask model.
(c) A cask model. will be reapproved if conditions in.S'72.238 are met, including demonstration that storage of spent fuel has not signif-
~~ icantly, adversely affected systems and components important'to safety.
PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 4,
The authority citation of Part 50 continues to read as follows:
Authority:
Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.
936, 937, 938, 948, 953, 954, 955, 956, as. amended, sec. 234, 83 Stat.
1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,.2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat.1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat.
2951 (42 U.S.C. 5851).
Section 50:10 also issued under secs. 101, 185, l
38 l
l
F D590-01]
68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L.91-190, 83 Stat. 853'(42 U.S.C. 4332).
Sections 50.23, 50.35, 50.55, and 50.56 also issued under.sec. 185, 68 Stat. 955 (42 U.S.C. 2235).
Sections 50.33a, 50.55a and Appendix Q also issued under sec.102, Pub.
L.91-190, 83 Stat. 853 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 (U.S.C. 5844).
Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239).
Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Sections 50.80-50.81 also issued under sec. 184, 68 l
Stat. 954, as amended (42 U.S.C. 2234).
Section.50.103 also under sec. 108, 68 Stat. 939, as an. ended (42 U.S.C. 2138).
Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
)
For the purposes of sec. 223, Stat. 958, as amended (42 U.S.C.
2273); SS 50.10(a), (b), and (c). 50.44, 50.46, 50.48, 50.54, and 50,80(a) are issued under sec.161b, 68 Sta_t. 948, as amended (42 U.S.C.
2201(b)); $$ 50.10(b) and (c), and'50.54 are issued under sec. 1611, 1
68 Stat 949, as amended (42 U.S.C. 2201(i)); and.S$ 50.9, 50.55(e),
50.59(b),50.70,50.71,50.72,50.73,50.78 are issued under sec. 1610, 68 Stat. 950, as manded (42 U.S.C. 2201(o)).
5.
In S 50.72, a new paragraph is added to read as follows:
i 9 50.72 Immediate notification requirements for operating nuclear power l
reactors.
1' -
a a
a n
a 39
-[7590-01]
l 1
v i
(b)
A A
A 2
2-(2) ***
1 (vii)(A) Any instance in which a significant-defect in a system or.
l component important to safety is discovered in, or (B) any instance in which there is a significant reduction in the confinement system effectiveness of, any cask used to store spent fuel under's 72.210 of this chapter.
a i
<PART 170 - FEES FOR FACILITIES AND MATERIALS LICENSES AND OTHER l
REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF.1954, AS AMENDED-6.
The authority citation for Part 170 continues to read as follows:
AUTHORITY:
31 U.S.C. 9701, 96 Stat. 1051; sec. 301, Pub.-L.92-314, 1
86 Stat. 222 (42 U.S.C. 2201w); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
l 7.
In S 170.31, a new category 13 is added and Footnotes 1(b),
.1 (c), and (d) are amended to read as follows:
'l 5 170.31 Schedule of fees for materials licenses and other regulatory services, including inspections.
A A
A A
1 em 40
[7590-011 Category of materials' licenses Fee, a 2
l and type of_ fee a
a a
e-
'13. A.
Spent fuel storage cask -
Certificate of Compliance i
Application
$150 Approvals Full Cost Amendments, Revisions and Supplements Full Cost Reapproval Full Cost B.
Inspections of spent fuel storage cask Certificate of Compliance Routine Full' Cost Nonroutine Full Cost C.
Inspections of storage of spent fuel under 572.210 Routine Full Cost Nonroutine Full Cost
' Types of fees
=
a a
a
=
(b)
License / approval fees - For new licenses and approvals issued in fee Categories 1A and IB, 2A, 4A, 5B,10A,108,11,12, and 13 the recipient shall pay the license or approval fee as determined by the Commission in accordance with $ 170.12(b), (e), and (f).
(c) Renewal /reapproval fees - Application,s for renewal of materials licenses and approvals must be accompanied by the prescribed renewal fee for each category, except that applications for renewal of licenses and I
L approvals in fee Categories 1A and '18, 2A, 4A, 5B, 10A,'108, 11,.and-13 must be accompanied by_ an application fee of $150, with the balance.due 41
L-
. ' i 1 ;
[7590-01) upon notification by-the Commission'in accordance with the procedures specified in S 170.12(d).
(d) Amendment fees - Applications for amendments must be accompanied by the prescribed amendment fees.
An application for an amendment to a license or approval classified in more than one ' category must be accompanied by the prescribed amendment fee for the category.
affected by the amendment unless the amendment is applicable to two or 4
more fee categories in which case'the amendment fee for the highest fee category would apply, except that applications for amendment of licenses l
and approvals in fee Categories 1A and 18, 2A, 4A, 5B, 10A, 108, 11,-12, j
and 13 must be accompanied by an application fee of $150 with the balance j
due upon notification by the Commission in accordance with S 170.12(c).
I An application for amendment to a materials' license or approval that j
would place the license or approval in a higher fee category or add a new f
fee category must be accompanied by the prescribed application fee for the new category.
~
~
An application for amendment to a license or approval that would reduce the scope of a licensee's program to a lower fee category must be I
accompanied by the prescribed amendment fee for the lower fee category.
Applications to terminate licenses authorizing small materials programs, when no dismantling or decontamination procedure is required, shall not be subject to fees.
n a
a n
a M
Dated at Rockville, Marylai.d, this W day of d/Md
, 1989..
I Fbr the Nucle Regulatory Commission.
\\
(-
no Leo flamuelJ. Chir h Secretary ofithe Commission.
42 i