ML20247L030
| ML20247L030 | |
| Person / Time | |
|---|---|
| Issue date: | 06/17/1987 |
| From: | Thompson H NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20245D207 | List:
|
| References | |
| FRN-54FR19379, RULE-PR-170, RULE-PR-50, RULE-PR-72 AC76-1-02, AC76-1-2, NUDOCS 8906020073 | |
| Download: ML20247L030 (13) | |
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MEMORANDUM FOR: Eric S. Beckjord, Director Office of Nuclear Regulatory Research l.
FROM:
Huch L. Thompson, Jr., Director L
Office of Nuclear Material Safety and Safeguards
SUBJECT:
USER NEED REQUEST FOR RULEMAKING This is to request the initiation of rulemaking through amendments to 10 CFR. Part 72 to' streamline the licensing process for use of spent fuel dry storage casks at reactor sites. The rulemaking that we request would be full sistent with that contemplated by Congress in Sections 133 and 218(a)y con-of the NuclearWastePolicyAct(NWPA).
Section 218(a) of the NWPA includes the following directive:
"The Secretary shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the extent practicable, the need for additional site-specific approvals by the Commission." We have followed closely the Department of Energy (DOE) development and demonstration program that is being conducted in accordance with this provision of the NWPA, and we have obtained substantive, useful information from the program.
Concurrently, we have reviewed topical reports on dry cask storage designs, and we have issued two licenses under 10 CFR Part 72 authorizing dry spent fuel storage at two reactor sites (Virginia Power at Surry and Carolina Power and Light at Robinson 2).
Based on the experience gained from the safety reviews for these licensing actions and related topical reports, combined with information and data obtained from the DOE demonstration program, we believe that we are in a position to move forward with the contemplated rulemaking.
The procedural approach for the rulemaking that we recommend is analogous to 10 CFR Part 71 for shipping package design approvals and their use. We request development of an amendment to 10 CFR Part 72 to provide for certification of storage cask designs after NPC review of the design and operational safety features.
In effect, such certification provisions in the regulation would be a formalization of the present practice of approving designs through review of topical reports. Complementing the provision for certification of designs would be the development of a general license under Part 72 that would authorize nuclear utilities to use such certified storage casks under conditions specified by the general license.
Because the safety aspects of dry spent fuel storage cask design and use are.relatively site independent, we believe that the proposed approach to the rulemaking is a viable method to improve the efficiency of the licensing process for both the NRC and reactor licensees and yet maintain appropriate and adequate safety for dry spent fuel storage.
Development and 8906020073 890526 PDR PR jk.,'/b~d 50 54FR19379 PDR C
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t Eric S. Beckjord 2
JUN 171987 implementation of the rulemaking within the next two years will assure that it it in place before the expected primary use of dry etorage occurs in the 19c0's as.a means of adding storage' capacity at-some reactor sites.
. Enclosed for the use of your staff is-further background information and, in outline form with commentary, criteria for use in developing the rule. 'We are prepared to work closely'with your staff to provide technical assistance and to aid in coordination with NRR and OGC. Mr. John P. Roberts of our Fuel Cycle Safety. Branch will be the cognizant individual for NMSS, and be will assure the necessary coordination with our Division of Safeguards and Transportation. My staff has informed me that Mr. William R. Pearson of your staff has substantive background and experience with 10 CFR Part 72 and has been working closely in the development of this request.
(Signed) Hugh L 1homptoft, Jr.
Pugh L. Thompson, Jr., Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated DISTRIBUTION RECunningham LCRouse JRoberts BPearson, RES FCSB R/F FCIF R/F NMSS R/F FCMA Central File FBrown NMSS Office R/F FSturz ATClark RBurnett, SG CSawyer
- See' previous concurrence OFC: FCSB*
- FCIF*
- FCMA*,:FCMA*
- NMSS*
- NMSS NAME:LCRouse/as:JRoberts:GSjobiom:RCunningham:RBernero:HTh[
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- 6/09/87
- 6/d6/87:6//1/87 OFFICIAL RECORD CCPY u______
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e CPITEPIA AND STANDARDS FCP A. SITE ItTEPENDENT ROLE FOR AT-PEACTOR SITE DRY CASK STORAGF
. SCOPE OF RULE The rule will cover the. certification of dry spent fuel storage cask designs
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and provisions for a general license authorizing use of certificated casks at
' operating reactor s tes. Thus, the rule will cover certificated dry cask i
storage of spent fuel assemblies (consolidated or unconsolidated, with at least 5 years' decay) at the site of a civilian nuclear power reactor licensed under 10 CFR ~ Part 50 where an operator who meets the conditions for a general license has registered for such use with the NRC. The casks will be of a stand-alone-design (including, if required, cask impact limiters, spent fuel transfer mechanisms and/or cradles), and capable of being loaded or unloaded at the site of a cualified reactor.
By ovalified reactor is meant a reactor whose license conditions and technical specifications do not preclude the handling (heavy loads considerations are a specific concern here) and storage of dry casks on the reactor site.
Prior to registering to use dry casks on site, the Part 50 licensee will perform an internal evaluation to assure:
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that the cask can
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be used as prescribed by the cask certificate and, 2. that no safety questions remain unreviewed and unresolved with respect to cask use onsite.
The objective of this rulemaking is to provide a rule that will cover the site-independent dry storage of spent fuel as contemplated by the Congress in Sections 133 and 218(a) of the Nuclear Waste Policy Act of 1982 (Public Law 97-425).
RULEMAKING APPROACH Tt.e rulemaking approach for site-independent dry cask storage of spent fuel l
follows the precedent of 10 CFR Part 71 which provides for design review of
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J shipping packages under specified criterie, and NRC approval through issuance of Certificates of Compliance.
Part 71 also provides a general license, with w _ - - _--.
conditions, for use'of certified packages by qualified persons.
It is proposed in this rule to develop appropriate standards and criteria to provide for certification cf storage cask designs urder 10 CFR Part 72 combined with a general license for reactor operators tr use certified casks under specified conditions.
We consider this to be a viable approach.
The storage cask designs row under review involve a variety of parameters and materials. We also note that most of the casks now being. designed are intended to be capable of meeting Part 71 transport requirements as well, although no vendor is pursuing Part 71 apprcval at present. We recognize that a cask certified for transport generally would-be acceptable for storage (subject to certain added considerations associated with long time periods of storage), but do not consider the prescriptive requirements of Part 71 justifiable for storage in itself. On the basis of experience gained, we believe that we have developed appropriate performance criteria for most conditions of use, including site storage characteristics.
The criteria for certification include approval for quality assurance programs for design and fabrication of the casks, in the manner of Part 71, with a requirement for NRC notification of vendor fabrication schedules.to permit QA inspections.
As previously noted, we recognize that the reactor licensee would be required to perform an evaluation to demonstrate that the handling, loading and movement of the cask to its storage location would not involve an unreviewed safety question for reactor safety or violate reactor technical specification.s.
Reactors that have established capability to handle certified rail shipping casks normally would have no problems in this regard, but in other cases the heavy loads issue (i.e., crane capacities) would require resolution with possible technical specification approvals required.
Safeguards staff considers that it is feasible to develop a general license for physical protection of the dry storage casks at a reactor site which may be included in a licensee's approved security plan for a power reactor.
It is also may be appropriate to include safeguards-related aspects in the certification of cask designs. Appropriate modifications to 10 CFR Part 73 may be necessary for this approach.
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FORM OF THE RULE As discussed above, pursuant to Sections 153 and 21Cla) of the t!uciesr Waste Policy Act of 1982, the Commission is directed to develop a rule for dry storace of spent nuclear fuel at civilian nuclear pcwer reactors which will allow for such storage without, to the maximum extent practicable, the need for additinnal site-specific approvals by the Commission. To accomplish this, a rule must be developed and issued either as a separate part to 10 CFR Chapter I or as an amendment to an existing part. The latter cption is chosen.
The reason for this is that in 10 CFR Part 72 there already exists a rule which comprehensively covers all spent fuel storage outside of reactor pools. Part 72 was specifically p
issued to cover. such storage.
It covers wet and dry spent fuel storage located on or off reactor sites.
Consequently, we censider development of this rule as an amendment to Part 72 both more effective and efficient than issuance of a new Part. By electing to amend existing Part 72 spent fuel storage continues to be considered in one Part, in which licensed storage not requiring site-specific approval is main-tained as a specialized subset of all non-reactor pool spent fuel storage.
Where the criteria of this subset, which are two new subparts of Part 72, are not met either with respect to cask design or a specific reactor and its site or to a combination of these factors, then e storage proposal must revert to-site-specific licensing, or the licensee must take other measures, such as modifications of the cask design, to comply with the criteria for site-inde-I pendent storage approval.
INTRODUCTION TO RULE CRITERIA The basis for the following criteria developed for this proposed rule is staff experience with Part 72 safety reviews for dry cask designs and licensing I
reviews for dry spent fuel storage at reactor sites. Over the last several years, the staff has reviewed and approved two dry cask designs and also a dry concrete module and stainless steel canister system design submitted in topical safety analysis reports on topical reports (TRs).
Four other cask design TRs are under active review now. Based on our reviews of the wide variety of cask design approaches submitted, ranging from nodular cast iron through thick-walled 3
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'ferritic steel to conventieral-stainless steel-ard lead-shielded cask designs, we have gained sufficient experience to develop the cask certification criterie L
for c rule. During this time we have also been involved in licensing reviews j
l fer at-reactor-site dry stcrage at Virginia Power's Surry site and Carolirc Power and Light Compery's H. B. Robinson ? site.
From these efforts ve have' gained the experience needed to address reactor site criteria for this rule.
In addition, Departnent of Energy and utility-sponsored dry cask dercnstrations at the General Electric Morris Operaticr and the Idabo National Engineering Laboratory performed pursuant to the Nuclear Waste' Policy Act of 1982 have provided us further background information helpful to this effort.
Our experience has now been documented, in part, through the assistance of RES in new regulatory guides, which have been issued for public comment. These are:
R.-G. CE'306-4, " Standard Jormat and Content for a Topical Safety Analysis
. Report for a Dry Spent-Fuel Storage Cask," and R. G. CE 301-4, " Standard Format and Content for the ' Safety Analysis Report for Onsite Storage of Spent Fuel Storage Casks."
With these steps behind us, staff experience in TR safety reviews and licensing reviews is now reflected in regulatory cuides. Accordingly, the text step in-this progression is to develop the site-independent rule envisioned by Congress in the Nuclear Waste Policy Act. The detailed criteria for such a rule in.the form of two new subparts, K and L, to 10 CFR Part 72 follow.
St'BPART K -- CONDITIONS OF GENERAL LICENSES ISSUED UNDER SECTION 72.6(b)(2)
Sec. 72.401, 403, and 405 Purpose and Scope.
1 Discussion to cover: (1) PURPOSE:
Sections 133 and 218(a) of the NWPA, (2) SCOPE: Applies only to (a) civilian nuclear power reactor licensees for (b) the storage of spent fuel in NRC approved casks at (c) civilian nuclear power reactor sites, and (3) Procedures and criteria for cask approval covered in Subpart L.
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1 Sec. 72.407.' Definitions.
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- Define:
Certification, Pegistere'd user, S4te-independent, Stand-alone, etc.
Sec. 72.409-General cerditions.
Th0 general license. issued under Sec. 72.6(b)(?) is subject to the provisions of 10 CFR Parts 19; 20; P1; and Parts 73; 74; and 75, as appropriate.
fec. 72.411 Specific ccrditions.
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The nuclear power reactor licensee shall:
- (a) Store spent fuel at the onsite ISFSI only in casks that are certified by NRC. The registration required by Sec. 72.6(a) may be accomplished by submitting a 14RC Form xxx or letter containing the following information; (1) licensee's name and address,.the license and docket numbers, the name and title of a person who can be contacted for information, and the NRC certificate number for each cask model.that will be.'used to store spent fuel. The licensee must update this information as appropriate. Submittals must be in accordance with the instruc-tions contained in Sec. 72.4.
A copy of submittals must be sent to the Director, Division of Radiation Safety and Safeguards, of the appropriate NRC Regional Office listed in Appendix D to Part 20.
l' (b) Through written evaluation, ensure that there are no unreviewed safety questions or changes necessary to either tbc reactor operating license or technical specifications related to the loading, movement, and unloading of the casks used for storage of spent fuel at the onsite ISFSI.
(c) Evaluate the safety of onsite storage taking into account the cask (s)
L selected for storage of spent fuel.
Records showing the evaluation must be maintained by the licensee.
Information contained in documents previously submitted to NRC may be used in this evaluation and referenced in the records.
[ Reference draft guide issued under task number CE-301-4, which was issued for comment in April 1986. This guide provides a format and content for an SAR.
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1 Ar ective guide, with revisions emphasizing the type of information that should be' kept in the above records, could be issued].
These records cust be updated annually and maintained until the general license to store Spent fuel at the onsite ISFSI is reycked.
.(d) Develop procedures and specifications as regards cask handling and I
storage onsite including preoperational testing, cask loading, movement, unloading, and emplacement. The location of cask emplacement on site shall be identified and the foundation conditions and pad specifications developed to demonstrate that these are adecuate to support the cask under normal static storage cenditions. Records of the bases and justifications for these procedures and specifications must be maintained by the licensee until the general license to store spent fuel at the onsite ISFSI is revoked.
(e) Maintain records of modifications to' the licensee's quality assurance program, emergency plan, decommissioning plan, physical security and safeguards contingency plans, operator training and environmental monitoring program resulting from construction and operation of the onsite cask storage.
(f) Maintain records of preoperational test acceptance criteria and test results for the onsite cask storage. A copy of these records must be retained' l
for 3 years.
(h) Maintain a copy of the Certificate of Compliance for each model of cask to be used for storage of spent fuel. The licensee shall also maintain drawings and other documents referenced in the certificate (s) relating to the to cask's use, modification, and maintenance. The licensee shall comply with the terms and conditions of the certificate (s).
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l-(j) Maintain a record for each cask used for storage of spent fuel that shows the NRC Certificate of Compliance number, name and address of the cask vendor /
lessor, the cask model number, the cask identification number, and maintenance and modifications. This record must be maintained during the period that the cask is used for storage of spent fuel. This record must include sufficient
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information to furnish documentary evidence, such as, but not limited to monitoring, inspection, and auditing type of information, that testing, modifi-cation, maintenance, and repair of the cask has been conducted under a quality l
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y assurance program accepted by the NRC. The licensee shall maintain this reccrd
- until the cask is taken out o# se rvice.
In the event of sale, lease or loan of a cask, a copy of this record must be given tn and maintaineo by the new cask urer and upon return of the cask to the original user the erdated' record rust r
be given to that user such that there is rn lapse in maintenance of the cask record.
(k) Corduct of operations for onsite cask handling, ncvament and storage shall be in accordance with written and approved procedures, including procedures for detecting radiation and handling spent fuel with breached cladding during cask unloadino.
(1) On reasonable notice, make available all records to.the Commission for inspection.
(m) Send a copy of the notification required by Sec. 50.54(bb) to the Director, Radiation Safety'and Safeguards of the appropriate NRC Regional Office shown in.
Appendix D to Part 20.
Sec. 72.413 Reports.
The licensee shall report to the Director, Radiation Safety and Safeguards of the appropriate NRC Regicnal Office shown in Appendix D to part 20 within 30 l
days: (1) Any instance in which there is significant reduction in the safety effectiveness of the cask during use, and (?) Details of any defects with safety significance in the cask after first use and the means employed to repair the defects and prevent their recurrence.
Sec. 72.415 Additional requirements.
The Commission may, by rule, regulation, or order, impose requirements upon any licensee in addition to those set forth in this subpart, and for the approval of storage casks as set forth in Subpart L, as it deems necessary or appropriate to protect health and to minimize danger to life and property.
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s SUBPART L - CERTIFICATION OF SPFNT FUEL STORACE CASKS Sec.
72.501 Procedures for spent fuel storage cask approvals.
(a)
Initial Approval. An application on NRC Form - xxxx Must be submitted in accordance with the instructions contained ir Sec. 72.4 [Part 71 application is NRC Form 618; ref. Mt! PEG-0383). A safety anclysis report (SAR), describing the proposed cask and how the cask will be used to store spent fuel safely, must be included with the application.. NRC may certify the cask for storage of spent fuel provided that the appropriate criteria in Sec. 72.507 are met.
(b) Previously Approved Spent Fuel Storage Casks. Application for certification for a cask design for which an NPC approved topical report for a spent fuel storage cask exists may reference the approved topical report.
Only those areas of review not covered in the topical report review will be subject to review for certification.
(c) Casks Certified for the Transportation of Spent Fuel.
Casks that have been certified for transportation of spent fuel under 10 CFR Part 71 may be approved for storage of spent fuel under this subpart. An application, on NRC l
Form - xxxx, nust be submitted in accordance with the instructions contained in Sec. 72.4. A copy of the Certificate of Compliance issued by NRC for the cask, and supporting drawings and other docketed documents may be included by
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reference with the application. A safety analysis addressing cask suitability l
for storage of spent fuel for 20 years, or more, must also be included. The NRC may approve the cask for storage of spent fuel provided that the cask,
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with modifications if required, meets the appropriate criteria set forth in Sec. 72.507.
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I (d) Public Inspection. An application for the approval of a cask for storage of spent fuel may be made available for public inspection under Sec. 72.13.
(e) Fees. The fees for certification and decertification of casks for storage of spent fuel are those shown in Sec. 170.31 of this chapter. The applicable fee is due and payable with submittal of the application.
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i Sec. 72.503 Inspection and tests.
(a) The applicant shall permit erd make provisions for the Commission to inspect at all reasonable times the premises and facilities at which a spent
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fuel storage cask is fabricated and tested.
(b)' The applicant shal1 perform'and nake provisions that pernit the Commission
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to perform tests as the Commission deems necessary or appropriate for the administration of the. regulations.in this chapter.
(c) The applicant shall notify the Director, Division of Radiation Safety ar.d Safeguards of the appropriate NRC Regional Office listed in Appendix D of Part 20 and the Director, Division of Fuel Cycle, Medical, Academic, and Commercial Use Safety. Office of Nuclear Material Safety and Safeguards, at least 45 days prior to fabrication of a spent fuel storage cask.
Sec. 72.505 Conditions of approval.
(a) Design, fabrication and modification'of a spent fuel storage cask must comply with the technical criteria in Sec. 72.507. Design, fabrication, and modification of spent fuel storage casks must be conducted under a quality assurance' program that meets the requirements of Subpart G.
(b) Cask fabrication must not start prior to receipt of the Certificate of Compliance.
(c) Cask decertification is required 20 years after the issuance of a l
Certificate of Compliance.
[ Application for decertification must be submitted 5 years prior to the date the certificate expires and must address aging of casks fabricated and in use for the first 20-year period of certification.]
(d) The applicant shall ensure that a record will be established and maintained for each cask manufactured under the NRC Certificate of Compliance. This record must include (1) model number, (2) individual identity of the cask, (3) date fabrication started, (4) date fabrication was completed, (5) certification thst the cask was designed, fabricated, modified, and repaired, if appropriate, 9
l7 Ik in accordance with a-quality assurance program accepted by NRC, (6) certification that inspections reouired by Sec. 72.507(1) were performed and found ratisfactcry, crd (7) the name and address of the cask purchaser or user.
This record must be mairtained under control of the applicant urtil the cask has been taken out of service and decommissioned.
(e) The record required by paragraph (d) above must be nave available, on reasonable rotice, to the Commission for inspection.
-(f) The applicant shall ensure that approved written procedures and appropriate tests for use of the cask, which if follcwed will reasonably ensure public health and safety, are established. A copy of these procedures and tests must be provided to each user of the cask.
Sec. 72.507. Specific criteria for spent fuel storage cask approvals.
(a) Limits and technical specifications concerning the spent fuel to be stored in the cask such as, but not limited to, type of spent fuel (i.e., BWR, PWR, both), initial enrichment, burn-up, specific power, cooling time prior to storage (not less than 5 years), maximum heat to be dissipated (i.e., kw/
assembly, or canister for consolidated fuel rods), and the maximum loading limit and condition (i.e., intact or breached cladding, intact assembly, consolidated fuel rods) of the spent fuel must be provided.
(b) Design bases and design criteria must be provided for structural members and systems that include seismic, tornado, and flooding forces; forces from the impact of dropping the cask on a hard surface; load combinations and factors; mechanical properties of materials of construction; lightning strike; and thermal evaluations under anticipated handling and storage conditions, i
including snow, ice, and other thermial stresses.
(c) The cask must be designed and constructed so that the spent fuel is riaintained in a subcritical condition under all credible conditions.
(d) Radiation shieldiro must be provided to the extent required to meet the requirements in Secs. 72.83 and 72.85 and 10 CFR Part 20, including Sec. 20.1(c).
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-(e) Casks must be designed to provide redundant or diversified sealing of the confinement system.
(f) Casks must be designed to provide Feat removal capacity ir an ambient atmosphere when the cark is stored without active cooling.
(g) Casks must be designed to store the spent fuel safely for a minimum of 70 years and to permit maintenance as required.
(h). Casks including any spent fuel transfer mechanisms required must be compatible with reactor site spent fuel loading and unloading facilities.
(j) Cask designs must not preclude the use of a tamper-indicating seal.
(k) Casks must be designeo to facilitate decont' amination to the extent practicable.
(1). Casks must be conspicuously and durably marked with (1) a model number, (2) a unioue identification number, (3) an empty weight, (4) the number assigned by NRC in the Certificate of Compliance, and (5) a reference identification to the record required by Sec. 72.505(d).
(m) Casks may be evaluated, by subjecting a sample or scale model to tests appropriate to the part being tested, or by other methods acceptable to the Commission, demonstrating that the cask will reasonably maintain confinement of radiation under normal, off-normal, end accident conditions.
Sec. 72.509 Issuance of an NRC Certificate of Compliance.
I Following review and evaluation of information in the application and NRC staff may approve the use of a cask for storage of spent fuel and issue a certificate of compliance.
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