ML20247L067

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Forwards Draft Initiation Recommendation,Supported by Draft Initial Ofc Review Re Whether to Initiate Rulemaking Entitled Storage of Spent Nuclear Fuel in NRC Approved Storage Casks at Civilian Nuclear Power Reactor Sites
ML20247L067
Person / Time
Issue date: 08/11/1987
From: Marcus G
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Rouse L
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20245D207 List:
References
FRN-54FR19379, RULE-PR-170, RULE-PR-50, RULE-PR-72 AC76-1-03, AC76-1-3, NUDOCS 8906020084
Download: ML20247L067 (22)
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PDA Aue 11 m MEMORANDUM FOR: L. C. Rouse, Chief Industrial and Medical Safety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards FROM: Gail H. Marcus, Chief '

Regulation Development Branch Division of Regulatory Applications Office of Nuclear Regulatory Research

SUBJECT:

DRAFT RECOMMENDATIONS TO EDO CONCERNING WHETHER TO INITIATE RULEMAKING SPONSORED BY RES j Enclosed for your consideration is a draft initiation recommendation, supported by a draft initial office review concerning whether to initiate a rulemaking entitled, " Storage of Spent Nuclear Fuel in NRC Approved Storage i Casks at Civilian Nuclear Power Reactor Sites" for which your office has been l identified as the user office.

This memorandum constitutes my concurrence in the endorsed draft initiation recommendation. I seek your concurrence in this draft recommendation.

Please signify concurrence by signing the attached form and include any coments and recommendations. I plan to submit this initiation recommendation for independent RES review within two weeks of the date of this memorandum.

Please return the attached form to W. R. Pear:on, Mail Stop NL-007, who is task leader for this rulemaking action.

Gail H. Marcus, Chief Regulation Development Branch Division of Regulatory Applications Office of Nuclear Regulatory Research

Enclosures:

1. Draft Recommendation Memo
2. RES Independent Screening Process D egulatory Agenda Notice 60go84890526 j- rc-chron 50 54FR19379 PDR ZRosztoczy JRRoberts, NMSS '

GHMarcus RDB Reading File .

JTelford  !

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  • See previous concurrence RES:RDB:DRA RES:RDB:DRA RES.RDB:DRA RE3:R :DRA k ,

I Hame: *WPearson *STurel JTelford GMarcus Dat2: 8/ /87 8/ /87 8/ ll /87 8/lt/87 a, a ,w4 3

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MEMORANDUM FOR: Victor Stello, Jr.

Executive Director for Operations FROM: Eric S. Beckjord, Director Office of Nuclear Regulatory Research

SUBJECT:

CONTROL OF RULEMAKING: INITIAL REVIEW OF RES SPONSORED RULEMAKING ENTITLED " STORAGE OF SPENT NUCLEAR FUEL IN NRC APPROVED STORAGE CASKS AT CIVILIAN NUCLEAR POWER REACTOR SITES" Based on our independent review of the subject rulemaking, RES reccmmends that NRC should begin this specific rulemaking. This recommendation in draft form was coordinated with the Office of Nuclear Material Safety and Safeguards.

The basis for our recommendation is as follows:

  • Section 218(a) of the Nuclear Waste Policy Act of 1982 (NWPA) states, in part, that the Secretary (of DOE) shall establish a demonstration program for dry spent fuel storage with the objective of establishing one or more technologies that the Commission (NRC) may approve for use at sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals. Section 133 of the NWPA states, in part, that the Commission shall, by rule, establish procedures for licensing any technology approved by the Commission under section 218(a) for use at the site of any power reactor.

NUREG-0885, Issue 5. "U.S Nuclear Regulatory Commission Policy and Planning Guidance 1986" states in part that the NRC should continue l to develop the basis for rulemaking that would enable use of dry spent fuel storage casks without site-specific licensing review.

ENCLOSURE 1

i 2 1 The NMSS staff has closely followed the Department of Energy

' demonstration program on storage of spent fuel in dry storage casks. In addition the staff has processed licenses for dry storage of spent fuel at two power reactor sites and has reviewed safety analysis reports on the design, fabrication, and use of spent fuel storage casks.

The staff anticipates that there will be a significant increase in the need for spent fuel storage starting in the early 1990s.

Thus, a rulemaking to provide simplified licensing of spent fuel storage-in NRC approved storage casks at civilian nuclear power reactor sites should be undertaken expeditiously. 3 The proposed rule would not be a backfit as defined in 950.109(a)(1). The proposed rule relates to licensing the storage of spent fuel at an independent soent fuel storage installation (ISFSI) under 10 CFR Part 72. Although there will be interfacing between the ISFSI and the reactor, no modification of the reactor structure, systems, components, or design is anticipated. Existing operational and organizational procedures, plans, and programs may be modified to comply with Part 72 requirements. No license application or related documents would need to be submitted. ,

The complete initial RES review package is being sent to your office and to the Director, NMSS.

Eric S. Beckjord, Director  !

Office of Nuclear Regulatory Research  ;

Offe: RES:DRA:RDB RES:DRA:RDB RES:DRA:RDB RES:DRA:RDB RES:DRA IMSB l NAME: WPearson JTelford GMarcus ZRosztoczy BMorris RCunningham  !

Date: 8/ /87 8/ /87 8/ /87 8/ /87 8/ /87 8/ /87 NMSS RES:DD RES:D HThompson DFRoss ESBeckjord )

8/ /87 8/ /87 8/ /87 ENCLOSURE 1

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4 i

RES Independent Screening Process i i

1. Prob 5emtobeSolvedorIssue. Section 218 (a) of the Nuclear Waste Policy Act of 1982 (NWPA) contains the statement that the Secretary [of the Department of Energy (DOE)] shall establish a demonstration program, in cooperation with the private sector, for dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Commission [NRC] may, by rule, approve for use at the site 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 contains the statement that the Commission shall, by i rule, establish procedures for the licensing of any technology approved by the Commission under section 218 (a) for use at the site of any civilian nuclear power reactor. The Commission set forth development of regulatory criteria and l standards for generic licensing enabling the use of dry spent fuel storage I casks without site-specific licensing reviews in NUREG-0885, "U.S. Nuclear  ;

Regulatory Commission Policy and Planning Guidance 1986", as part of its I stratigic goals and objectives.

2. Necessity and Urgency for Addressing the Issue. It appears that there will be a significant increase in the need for storage of spent fuel starting in the early 1990s. This proposed action will alleviate this future storage problem.

The proposed action should be started and processed expeditiously so that a final rule can be in place when it is needed.

3. Alternatives to Rulemaking. The law mandates that the Commission establish simplifiad procedures for dry storage of spent nuclear fuel at civilian nuclear j power reactor sites by rule. Rulemaking appears to be the only appropriate procedure.

4

4. How the Issue will be Addressed. The NRC staff has closely followed the j DOE demonstration program. The technology that the NRC approves is the dry i storage of spent nuclear fuel in casks that have been approved for such storage .

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CE601SCR 1 06/29/87 Enclosure 2 l

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by' thy NRC staff.

Storage may be either with the fuel rods remaining in  !

lcssemblies or with the rods disassembled but n aconsolidated critically safe i i

-geometric configuration within the cask. .The proposed rule would set forth

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. procedures and. conditions for dry spent fuel storage, under a general license-L that would be issued to. holders of a civilian nuclear power reactor operating license, on the site of their reactor.

i 5.

_How the Public, Industry, and the NRC will be Affected.

The health and safety of the public will not be adversely affected. The proposed rule raflects knowledge gained by the staff from close observation of the DOE dry sp2nt fuel development and demonstration program. Further, the staff has gained kn:wledge and experience from review of safety analysis reports on the design

.cnd operation of spent fuel storage casks and issuance of licenses for dry storage of. spent fuel at two reactor sites. The NRC would rely on its inspection and enforcement authority to ensure that casks are designed and fabricated and that independent spent fuel storage installations (ISFSI) are constructed and operated according to the conditions specified in the rule.

Industry would benefit, because these licensees would not have to submit an application, or related documents, to the NRC.

However, the reactor licensee would still be required to document the safe construction and operation of the ISFSI'and make these documents available to the Commission for inspection. The staff work may change in character, but the total NRC work load probably will not. change significantly, i

6.

NRC Resourses and Schedule.

The Offices of Nuclear Material Safety and

Safeguards, Nuclear Reactor Regulation, and the Regional Offices will be the enly offices significantly affected after this proposed rule is made effective.

The Offices of Nuclear Regulatory Research, Administration and Resource Management, and the General Counsel will also be affected during the rulemaking process.

The regulatory analysis for this rulemaking provides details concerning anticipated NRC resource requirements.

The schedule for the prcposed action is as follows:

CE601SCR 2

06/29/87 Enclosure 2

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'! l Proposed Action to Division Review - 10/16/87 I Proposed Action _for Offices Concurrence 1/15/88' Proposed Action to EDO 2/12/88 Fina1 Action Published 12/20/88 1

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CE601SCR 3 06/29/87 Enclosure 2

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CNOTE: RULEMAKING HAS NOT BEEN APPROVED FOR INITIATION.3 LATEST UPDATE: -07/06/87

. TITLE:

Storage,of Spent Nuclear Fuel in NRC Approved Casks at Civilian Nuclear Power Reactor Sites CFR CITATION:

10_CFR 2; 10 CFR 51; 10 CFR 72 CONTACT AND PHONE NUMBER:

Bill Pearson, DRA, x37682 CURRENT STATUS:

Ibis _ Dew twiseshies_is_bsies_aceneced_st_tbe_tes9ent_91 i

tbe_Ditestec2_NMSS2 _ig_g_gggg_dgied_yggg_iZ3_12@Z3__$_dtgit 1 cuiggghigg_gestage_ig_bgigg_gtgggced_fgc_3gdeittgi_19_ tbs EDO_fgc_gggtgvgi_gf_igitigtigg3 ABSTRACT:

The Nuclear Waste Policy Act of 1982 (NWPA) at section 218 (a) states, in part, that the Secretary Cof DOE 3 shall establish a demonstration program, in cooperation with the private sector, for dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of ,

establishing one or more technologies that the Commission i (NRC) may, by, rule, approve for use at sites of civilian nuclear power react. ors without, to the mas:imum e:: tent ~

practicable, the need f or additional site-specific approvals by the Commission. Section 133 of the NWPA also includes the statement that the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section 218 (a) for use at the site of any civilian nuclear power reactor. This rulemaking action would provide for these procedures.

Since the NWPA mandate was for a rule, no other regulatory procedure is considered appropriate. No reduction in the public health and safety is anticipated as result of this proposed rulemaking action. The staff has closely followed the Department of Energy (DOE) dry spent fuel storage development and demonstration program. It has used the knowledge and experience gained f rom the DOE demonstration program, issuance of licenses under Part 72 authorizing dry spent fuel storage at two civilian nuclear power reactor sites, and review of topical safety analysis reports on the design and fabrication of spent fuel storage casks in developing this proposed rule. The staff anticipates a significant increase in the demand for additional spent fuel storage starting in the early 1990s, thus, processing of this proposed rule would be timely. NRC resource requirements are anticipated to remain about the same as the present, although the type of staff work may change. The NMSS staff will no longer have to review application and saf ety analysis reports ENCLOSURE 3 4

- _ _ - - . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _

for cn ISFSI, but it will hevo to cnolyzo tcpicc1 cafGty

. analysis reports on the design and f abrication of spent f uel storage casks and perf orm inspection actions related to fabrication of these casks. The Regional Offices will assume the main inspection and enf orcement duties previously performed by the Office of.. Inspection and Enforcement. NRR will . coordinate actions between the onsite ISFSI and the nuclear reactor and may perf orm some inspection functions. -

Resources from the Offices of' Nuclear Reactor Research, the General Counsel, and Administration and Resource Management will be limited mainly to processing of the rulemaking.

TIMETABLE:

SCHEDULED ACTIONS:

Proposed Action f or Division Review (10/16/87)

Proposed. Action to Offices for Concurrence (01/15/88)

Proposed. Action to EDO (02/12/88)

Proposed Action Published (03/15/88)

Final Action Published (12/20/88)

SLIPPAGE, IF ANY:

I REASON FOR SLIPPAGE, IN DETAIL:

1 LEGAL AUTHORITY: l 42 USC 10153; 42 USC 10198 j EFFECTS ON SMALL BUSINES AND OTHER ENTITIES: No ASENCY CONTA'T: C William R. Pearson Office of Nuclear Regulatory Research Nuclear Regulatory Commission Washington, DC 20555 301 443-7682 ENCLOSURE 3 t

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PRELIMINARY REGULATORY ANALYSIS Storage of Spent Nuclear Fuel in Dry Storage Casks at Nuclear Power Reactor Sites

1. STATEMENT OF PROBLEM It is anticipated that the utilities will have a maj or need f or additional storage of spent fuel from nuclear power reactors by early in the 1990es. The Nuclear Waste Policy Act of 1982 (NWPA) recognizes the need io- additional spent fuel storage capacity.

In section 216(a), the NWPA states that the Secretary (of DOE) shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent fuel at civilian nuclear power reactor sites, with the objective of est abl i shi ng one or more technologies that the Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable,the need for addi ti onal site-specific approvals by the Commission. The Commission recognizes this need by including the development of the basis for rulemaking that would enable use of dry spent fuel storage casks without, to the extent practicable, site-specific licensing reviews in their planning guidance. Currently the regulations in part 72 do not permit such actions. A proposed rule, revising part 72 extensively, was published in the Federal Register on May 27,' 1986 (51FR19105). This proposed rule did not address this subject.

This action is in response to the NWPA mandate. The proposed rule developed under this action would provide for the issuance of a general license to a holder of a nuclear power reactor operating license for the storage of spent fuel in storage cashv .

approved by the NRC, at the reactor site.

2. OBJECTIVES 2.1 Provide for complying with the mandate in section 218(a) of the NWPA, which i s f or the Commission to provide f or, by rule, the licensing of one or more technologies for the storage of spent fuel at civilian nuclear power reactor sites without the need for additional site-specific reviews.

2.2 Establish conditions that protect the health and safety of the public and are not inimical to the common defense and security.

3. ALTERNATIVES

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Propposed Rulo CE-601-1 . Regulatory Analysis 9/11/86 3.1 No Action

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The NWPA mandates that the Commission approve one or more i

. technologies , that have been developed and demonstrated by DOE.

for the use of spent fuel storage at the sites of nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific review. Procedures for accomplishing these needs are not in place, thus, some action is necessary.

3.2 Available Alternatives The procedural alternatives available to NRC staff are amendment of licenses, use of regulatory guides or branch technical positions, and use the rulemaking procedure. The purpose of this action is to license the storage of spent fuel in an Independent Spent Fuel Instal l ati on (ISFSI ) at a nuclear power reactor site.

The storage of spent fuel at the onsite ISFSI would be regulated under 10 CFR Part 72. The reactor is licensed to operated under 10 CFR Part 50, thus, the operating license could not be amended to store spent f uel .at an ISFSI. Regulatory guides or branch technical positions do not carry the force of law, so are not appropriate. The preferred course of action is to proceed with rulemaking.

4. CONSEQUENCES 4.1 Benefits and Costs 4.1.1 Benefits 4.1.1.1 NRC ,

It is not anticipated that NRC resource requirements will change significantly as a result of this rulemaking. Under the general license, reactor licensees would have to submit a notification to the Office of Nuclear Mat eri al Safety and Safeguards (NMSS) to inform them that the reactor licensee intends to store spent fuel at an independent spent fuel storage installation at the reactor site. However, no application or other submittal is required. No i licensing evaluations would have to be conducted by NMSS.

NMSS,however, would have to conduct the reviews necessary to certify that a particular storage cask is approved for the storage of spent fuel. IE and the Regional Offices would conduct the inspections necessary to ensure compliance with the conditions of the general license. The Office of Nuclear Reactor Regulation (NRR) would ensure that activities related to onsite ISFSI comply with conditions of the reactor operating license and coordinate ISFSI activities with NMSS and IE.

4.1.1.2 Other Government Agencies No other government agencies would be affected by this rulemaking action.

4.1.1.3 Industry '

L w w=A 2 _-- _ _ _ - _ _ _ _ _ - _ _ __ _ _ _ . l

'L Propposed Rule CE-601-1 Regulatory Analysis 9/11/86 l I I 1 o '

f Nuclear power reactor licensee reporting requirements would be reduced. Under the proposed rule the licensee would have to submit a notification to the NRC. However, the licensee would not have to submit an application, a Safety Analysis Report, plans that are currently required under part 72 (e.g., emergency, decommissioning, physical security, safeguards), technical specifications related to the ISFSI, a training program or a Quality Assurance Program. However, recordkeeping requirements would remain approximately the same. The licensee would still have to evaluate the safety of the ISFSI and the affect of the ISFSI on the Emergency Plan, Decommissioning Plan, Physical Security Plan, Safeguards Security Plan, Operator Training Program, and the Quality Assurance Program that have been )

accepted by the NRC. The licensee would have to maintain records of the evaluations and changes to these plans and programs.These records would have to be available for inspection by the NRC.

4.1.1.4 Storage Cask Vendors

[ Insert a discussion that shows that storage casks to be used for storage of spent fuel under the general license would have to be certified by NRC, discusses the reliance of NRC on the I demonstration program conducted by DOE, and explains the cask 1 approval criteria in Subpart K].

4.1.1.4 Public The proposed rule will ensure protection of the health and safety of the Public, because the Office of Inspection and Enforcement and Regional Office inspectors will inspect the onsite ISFSI and-the records associated with it to be sure that the conditions important to safety meet the requirements of part 72. NMSS will evaluate the design and construction criteria for storage casks, as submitted in a Topical Saf ety Analysis Report by cask vendors, and will issue a Certificate of Compliance for casks. The criteria for obtaining a Certificate of Compliance are set forth in proposed subpart K. That i s, in general terms, only after being assured that the design is adequate for the storage of the type of spent fuel specified and a Quality Assurance Program that is acceptable to NRC will be applied to the cask design and construction. Rulemaking procedures ensure that the Public will be involved in the development of any final rule that may be promulgated.

4.1.2 Costs 4.1.2.1 NRC NMSS, IE, and NRR will be the only NRC offices significantly affected by a final rule resulting from this action. The net a-f f ect is estimated to be a reduction of 1.0 ctaff years per year.

  • NMSS -- Currently it is estimated that 10 license applications per year will be submitted for storage of spent fuel at an ISFSI. It is anticipated that the vast majority of these pm-}.gcnrn nd

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Propposed' Rule CE-.601-1.

_ Regulatory Analysis 9/11/86 );

. applications will 'tne f rom nuclear power reactor licensees for storage of spent fuel in an ISFSI at-the reactor site. It is anticipated that as many as 50 nuclear power reactor-licensee may-need to apply for a licence to store spent fuel in an ISFSI on.

the reactor site over a period of 10 years starting in 1990.

Approximately 1 staff-year of effort is required for reviews and evaluations related to issuance of an ISFSI license. .The total burden on-NMSS for issuance of the 50~ licenses is estimated to be 104350 staff-hoursC50*20873. The proposed rule would eliminate

c. ~the necessity for these license reviews by NMSS.

The proposed rule would require that casks used for storage of spent fuel be approved by NRC. The major burden f or reviews, evaluations, and approvals related to cask design and construction will be assigned to NMSS. It is estimated that resources: required for a cask approval will be approximately 3 staff-years or.about 6261 staff-hours [2087*3]. -It is anticipated that-4 or 5 vendors will seek approval of their cask (s). Assuming that.4. requests are submitted, it would require a total of approximately 25,044 staff-hours E6261*4] for these reviews and evaluations. Reviews and evaluations would-be required f or updating storage cask approvals, as new .information or design changes may require. The staff estimates a total of about 1100' staff-hours [1/2 yr.] for all activities related to cask approval updating. A total of approximately 26,144 staff-hours E25,044+11003 would be required for all NMSS activities related to cask approvals.

Under the assumptions made above, it is estimated that the total NMSS resources burden would be reduced about 78,236 staff-hours

[104350-26,144] or about 38 staff-years. Submittals by reactor licensees is anticipated to occur over a 10 year period starting in.1990. Thus, the annual budget requirements for NMSS over this period would be reduced about 3.8 staff years per year E38/10]

under the proposed rule.

  • IE and the Regional Offices-- Each operating power reactor has at least one resident inspector. It is anticipated that inspections necessary to ensure safe operation of an IGFSI on the site of the reactor can be performed without additional resources. Training of the resident inspector will be required to develop the skills necessary for review and evaluation of records, maintained by the reactor licensee, and to determine that the operation of the ISFSI is conducted according to the requirements set forth in part 72. It is estimated that this training may take as long as 2 months total time or about 350 staff-hours per reactor resident inspector. This would require a total additional burden of about 17,500 staff-hours E50*350] for training related to the estimated 50 onsite ISFSI. Additional inspection and surveill ance will be required during construction and-preoperational testing of the ISFSI. The staff estimates that as many as 500 staff-hours per ISFSI may be required, or a total of 25,000 staff-hours E500*50]for all expected onsite ISFSI. Thus, the total estimated additional burden for IE and the Regional Offices wou]d be 42,500 staff-hours [17,500+25,000J mins m- - - - - -

' ' Propposed Rulo CE-601-1 ' Rsgulatory Anolysin 9/11/86 b

or about 20 staff-years. The estimated additional annual IE budget requirement would be about 2 staff-years [20/103.

  • NRR -- The participation of NRR personnel under the proposed rule would not be signi ficantly dif f erent f rom their current involvement. It is anticipated that activities related to the onsite ISFSI could be accomplished by normal temporary reassignments of duties.

4.1.2.2 Other Government Agencies No other government agencies are licensed to operate nuclear power reactors, so no other government agency is impacted by the proposed rule.

4.1.2.3 Industry It is currently estimated that the annual reporting or disclosure burden per ISFSI licensee is 1,309 hours0.00358 days <br />0.0858 hours <br />5.109127e-4 weeks <br />1.175745e-4 months <br />.

The proposed rule would eliminate this annual reporting burden for an ISFSI on the site of a nuclear power reactor. The reactor operator would still have to comply with reporting requirements under the operating license, which may cover similar requirements l under 10 CFR Part 72. Costs related to printing and distribution of currently required documents (e.g. , Saf ety Analysis Report, Environmental Report) would also be eliminated. However, evaluations concerning the safety of the ISFSI, development of technical specifications concerning the operation of the ISFSI, ,

and changes to plans and programs (e.g., emergency plan,  !

decommissioning plan, physical security and safeguards plans, training-program, quality assurance program) would still have to be' conducted by the power reactor licensee. Records of the changes in these activities would be maintained by the licensee and would be subject to inspection by NRC. A draft regulatory l guide, task number CE-301-4 entitled " Standard Format and Content i for Safety Analysis Report for Onsite Storage of Spent Fuel Storage Casks", was issued for public comment in April 1986.

4.1.2.4 Cask Vendors No incremental cost impact is expected on cask vendors as a result of this action. The demand for spent fuel storage casks will be about the same whether or not the this proposed rule is promulgated as an effective rule. The criteria for certification of spent fuel storage casks, as set forth in Subpart K, are not significantly different from design, construction, and quality assurance criteria that are currently used. A draft regulatory guide, task number CE-306-4 entitled " Standard Format and Content for a Topical Saf ety Analysis Report for a Dry Spent Fuel Storage Cask", was issued for comment in April 1956. The guidance set forth in this guide is very similar to the criteria proposed in Subpart K. Comments received on this guide (CE-306-4) and its value impact statement have been considered in deve)opment of these criteria. Casks that have been certified under 10 CFR Part 71, " Packaging and Transportation of Radioactive Materi al", would be certified under the criteria in Subpart K, with minor

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'?Proppossd Rule CE-601-1 Regulatory Analysis 9/11/06

'Edesign?3fmodificati'ons.in some cases. [ Insert number] cask.

vendors have submitted topical reports to'NMSS for approva17to-use.their: cask (s)'for spent fuel storage. .Thus, it is Anticipated-that cask vendors are' familiar with the requirements -

that would be set forth in:the proposed rule'and will.be able to:

meet thesefsafety requirements with"out significant incremental cost; impact.

4.1.2.5 Public Nafincremental cost impact is expected on the public. As shown in,the preceding cost analyses, no significant increase in the

cost of ' doing business is expected as a result of this action.

It is anticipated that costs to nuclear power. reactor licensees will be reduced, because their reporting requirements would.be reduced. NRC resources are also anticipated to be reduced.

However, these incremental cost reductions would be insignificant compared to the overall reactor' licensing and operating costs, so no significant saving to the public is anticipated.

4. 2 ' Impacts on Other Requirements On Tuesday, May'27, 1986, a proposed rule amending part 72 was publi shed ' in . the Federal Register (51 FR 19106). Thi s proposed

-rule primarily concerned licensing the storage of spent-fuel and high-level radioactive waste in a monitored retrievable storage facility,which would be constructed and operated by DOE if Congress approves. This proposed action concerns immecdiate effectiveness of IFSI licenses, safesuards and physical security

?of SNM, and'would set forth criteria for'NRC approval of spent fuel storage casks. Conforming amendments would be added to 10 CFR Parts 2,73,and 75.

4.3 Constraints No legal', i n sti t ut i onal , or policy constraints are antirinated.  !

5. . DECISION RATIONALE An atsessment of th6 benefits and costs of the alternatives leads to the conclusion that the requirements of the proposed rule are commensurate with the Commission's responsibilities f or public l

health and safety and the common defense and security. No other available alternatives are believed to be satisf actory, thus, this action is recommended.

6. IMPLEMENTATION This proposed rule will be would be published in the Federal Register allowing 60 days for public comment. Since a rule is mandated by the NWPA and the incremental impacts of this rule are expected to be minor, no implementation problems are anticipated.

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7//'O f7 - h RES RULEMAKING ACTIVITIES Codes and Standards for Nuclear Power Plants (10 CFR 50)

The Commission proposes to amend its regulations to incorporate by reference the Winter 1984 Addenda, Summer 1985 Addenda. Winter 1985 Addenda, and 1986 Edition of Section III, Division 1, of the American Society of Mechanical  ;

Engineers Boiler and Pressure Vessel Code (ASME Code), and the Winter 1983 l Addenda, Sumer 1984 Addenda Winter 1984 Addenda, Summer 1985 Addenda. Winter 1985 Addenda, and 1986 Edition of Section XI, Division 1 of the ASME Code.

The proposed rulemaking package was forwarded to the EDO on February 9, 1987.

In a change from prior policy, the EDO staff determined that this rule amendment must be brought before the CRGR. On May 27, 1987, the CRGR approved the proposed rulemaking for publication. The proposed rulemakin published in the Federal Register on June 26,1987(52FR24015)gwas . The comment period is scheduled to end August 25, 1987.

Storage of Spent Nuclear Fuel in NRC Approved Casks at Civilian Nuclear Power Reactor Sites (10 CFR-2; 10 CFR 51; 10 CFR 72)

TheNuclearWastePolicyActof1982(NWPA)undersection218(a) states.

-in part, that the Secretary [of DOE] shall establish a demonstration program, in cooperation with the. private sector,'for dry storage of spent nuclear fuel at' civilian nuclear power reactor sites, with the. objective of establishing one or more technologies that the Comission (NRC) may, by rule, approve for c use at 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 also includes the statement that the Commission shall.

by rule, establish procedures for the licensing of any technology approved by the Commission under section 218 (a) for use at the site of any civilian L nuclear power reactor. This rulemaking action would provide for these procedures.

r This new rulemaking is being prepared at the request of the Director, NMSS, in I- a memo dated June 17, 1987. A draft rulemaking package is being prepared for

{ submittal to the ED0 for approval of initiation.

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RULEMAKING HIGHLIGHTS

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TASK LEADER REVIEW PACKAGE

TITLE:

Storage of Spent Nuclear Fuel in NRC Approved Casks at Civilian Nuclear Power Reactor Sites CFR CITAIION:

The Nuclear Waste Policy Act of 1982 (NWPA) at section 218 (a) states, in part, that the Secretary Cof DOEJ shall 1 establish a demonstration program, in cooperation with the private sector, for dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of -

establishing one or more technologies that the Commission (NRC) may, by rule, approve for use at 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 also includes the statement that the Commission shall, by rule, establish J procedures for the licensing of any technology approved by the Commission under section 218 (a) for use at the site of any civilian nuclear power reactor. This rulemaking action ,

would provide for these procedures. l 1

Since the NWPA mandate was for a rule, no other regulatory I procedure is considered appropriate. No reduction in the public health and safety is anticipated as a result of this proposed rulemaking action. The staf f has closely f ollowed ,

the Department of Energy (DOE) dry spent fuel storage I devel opment and demonstration program. It has used the knowledge and experience gained from the DOE demonstration program, issuance of licenses under Part 72 authorizing dry spent fuel storage at two civilian nuclear power reactor sites, and review of topical safety analysis reports on the design and fabrication of spent fuel storage casks in developing this proposed rule. The staff anticipates a significant increase in the demand for use of dry spent fuel storage casks starting in the early 1990s, thus, processing of this proposed rule would be timely. NRC resource requirements are anticipated to remain about the same as the i present, although the type of staff work may change. The l NMSS staff will no longer have to review application and safety analysis reports for an ISFSI, but it will have to evaluate applications for certification of dry storage cask designs and f abrication procedures and perf orm inspection actions related to fabrication of these casks. The Regional ,

Offices will assume important inspection and enforcement duties previously perf ormed by the Of fice of Inspection and >

Enforcement. NRR will coordinate ections between the onsite I ISFSI and the nuclear reactor and may perform some inspection functions. Resources from the Offices of Nuclear Reactor Research, the General Counsel, and Administration and i Resource Management will be limited mainly to processing of l the rulemaking.

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iTIMETABLE:

",  : Proposed. Action f or L Did sion . Review. 01/15/88: . '

' Proposed" Action to Offices for. Concurrence.:- 03/11/88 LProposed-Action.to EDO.- 05/30/88

.c Proposed l Action Published 06/30/88-

, Final.ActioniPublished- 04/30/89 '

LEGAL) AUTHORITY::-

42 USC.10153; 42.USC 10198

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p EFFECTS.ON SMALL' BUSINESS AND OTHER ENTITIES: No AGENC CONTACT:.

,  : William R. Pearson

-Office:of-' Nuclear Regulatory Researcb Nuclear: Regulatory Commission Washington, DC 20555.~

. 301'443-7682' I

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RES Independent Screening Process l 1. Problem to be Solved or Issue. Section 218 (a) of the Nuclear Waste Policy Act of 1982 (NWPA) contains the statement that the Secretary [of the Department of Energy (DOE)] shall establish a demonstration program, in cooperation with the private sector, for dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Commission [NRCl may, by rule, approve for use at the site 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 contains the statements that the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section 218 (a) for use at the site of any civilian nuclear power reactor. The Commission set forth development of regulatory criteria and standards for generic licensing enabling the use of dry spent fuel storage casks without site-specific licensing reviews in NUREG-0885 Issue 6. "U.S. Nuclear Regulatory Commission Policy and Planning Guidance 1987," as part of its strategic goals and objectives.

2. Necessity and Urgency for Addressing the Issue. It appears that there will be a significant increase in the use of dry spent fuel storage casks to supplement water basin storage in the early 1990's. This proposed action will expedite the regulatory approval process for use of dry storage casks and yet maintain assurance that such storage is performed in a safe manner. The proposed action should be started and processed expeditiously so that a final rule can be in place when it is needed.
3. Alternative to Rulemaking. The law mandates that the Commission establish simplified procedures for dry storage of spent nuclear fuel at civilian nuclear power reactor sites by rule. Rulemaking appears to be the only appropriate procedures.
4. How the Issue will be Addressed. The NRC staff has closely followed the DOE demonstration program. The tecEnology that the NRC approves is the dry storage of spent nuclear fuel in casks that have been approved for such storage by the NRC staff. Storage may be either with the fuel rods remaining in assemblies or with the rods disassembled but consolidated in a critically safe geometric configuration within the cask. The proposed rule would set forth, (1) provisions for NRC certification of dry spent fuel storage cask designs (analogous to the certification process for shipping casks under 10 CFR Part 71) and (2) provisions for a general license for holders of a civilian power reactor operating license to store spent fuel, in storage casks certified by the NRC, on the reactor site under specified conditions and procedures.

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5 How the Public. Industry, and the NRC will be Affected. The health and safety of. the public will not be adversely affected. The proposed rule reflects Rnowledge gained by the staff from close observation of the DOE dry spent fuel development and demonstration program. Further, the staff has gained knowledge and experience from review of safety analysis reports on the design and operation of spent fuel storage casks and issuance of licenses for p, dry storage of spent fuel at two reactor sites. The NRC would rely on.its inspection and enforcement authority to ensure that casks are desi fabricated and that independent spent fuel storage 1 installations (gned andISFSI) are Constructed and operated according to the conditions specified in the rule.

Industry would benefit because these licensees would not have to submit an application, or related documents, to the NRC. However, the reactor licensee would still be required to document the safe construction and operation of the ISFSI and make these documents available to the Commission for inspection. The staff work may change in character, but the total NRC work load probably will not change significantly.

6. NRC Resources and Schedule. The Offices of Nuclear Material Safety and l Safeguards, Nuclear Reactor Regulation, and the Regional Offices will be the  !

only offices significantly affected after this proposed rule is made J effective. The Offices of Nuclear Regulatory Research, Administration and Resource Management, and the General Counsel will also be affected during the rulemaking process. . The regulatory analysis for this rulemaking provides details concerning anticipated NRC resource requirements.

The schedule for the proposed action is as follows: l Proposed Action for Division Review 01/15/88 Proposed Action to Offices for Concurrence 03/11/88 Proposed Action to ED0 05/30/88 Proposed Action Published 06/30/88 Final Action Published 04/30/89

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INDEPENDENT REGULATORY REVIEW BOARD

'I VOTING SHEET TO: B.M. MORRIS, CHAIR, IRRB FROM: R.W. HOUSTON, MEMBER, IRRB TITLE: STORAGE OF SPENT NUCLEAR FUEL IN NRC APPROVED STORAGE CASKS l' CIVILIAN NUCLEAR POWER REACTOR SITES (10 CFR 2, 51, 72)

AGREE WITH RECOMMENDATIONS IN RULEMAKING REVIEW PACKAGE MODIFY RECOMMENDATIONS IN RULEMAKING REVIEW PACKAGE AS INDICATED REQUEST IRRB MEETING ABSTAIN.

DISAGREE FOR THE FOLLOWING REASONS l COMMENTS AND SUGGESTIONS:

NOTE: If this sheet is not returned within six working days, then approval will be assumed.

R.W. Houston, Member, IRRB

' d /( A. A /f/b4[f7 l

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8 \p,1 . UMTED STATES NUCLEAR REQULATORY COMMISSION

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E  ! mammarow.o. c.aoen l; JR 11.987 L , .

l+ MEMORANDUM FOR: Eric S. Beckjord, Director

, Office of Nuclear Regulatory Research FROM: Hugh L. Thompson, Jr., Director Office of Nuclear Material Safety and Safeguards '

SUBJECT:

. USER NEED REQUEST FOR RULEMAKING ,

Thisistorequesttheinitiationofrulemakingthroughamendmentsto10CFS 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)yof con-the Nuclear Waste Policy Act (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

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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 l 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 reconmend 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 NRC 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 l be the development of a general license under Part 72 that would authorize nuclear j utilities to use such certified storage casks under conditions specified by the j 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

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. Eric S. Beckjord 2 SE 17 W 1

I implementation of the rulemaking within the next two years will assure that it is in place before the expected primary use of dry storage occurs in the 1990's I as a means of adding storage capacity at some reactor sites. l 1

Enclosed for the use of your staff is further background infomation and, in  !

outline fom with commentary, criteria for use in developing the rule. We are prepared to work closely with your staff to provide technical assistance and l 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 he will assure the necessary coordination with our Division of Safeguards and ,

Transportation. My staff has infonned 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.  ;

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Hygh L. Thompso , Jr , rector Off e of Nuclear Ma al Safety and Safeguards e

Enclosure:

As stated i

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o NUCLEAR REGULATORY COMMISSION E'ASHINGTc N, D. C. 20665 O

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MEMORANDUM FOR: L. C. Rouse, Chief Industrial and Medical Safety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear. Material Safety and Safeguards N. . -

FROM: Gail H. Marcus, Chief Regulation Development Branch

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Office of Nuclear Regulatory ResearchDivision of Regulatory Applica

SUBJECT:

DRAFTliEt0MMENDATIONSTOED0CONCERNINGWHETHER TO INITIATE RULEMAKING SPONSORED BY RES Enclosed for your consideration-is a draft initiation recommendation, supported by a draft initial office review concerning whether to initiate a '

rulemaking entitled, " Storage of Spent Nuclear Fuel in NRC Approved Storage Casks at Civilian Nuclear Power Reactor Sites" for which your office has been identified as the user office.

This memorandum constitutes my concurrence in the endorsed draft initiation l recommendation. I seek your concurrence in this draft recommendation.

Please signify concurrence by signing the attached form and include any comments and reconnendations. I plan to submit this initiation reconnendation for independent RES review within two weeks of the date of this memorandum.

Please return the attached form to W. R. Pearson, Mail Stop NL-007, who is task leader for this rulemaking action.

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G[jlH.Marcus,Cief j Ale'gulation Developme Branch Division of Regulatory Applications Office of Nuclear Regulatory Research

Enclosures:

1. Draf t Reconnendation Memo
2. RES Independent Screening Process
3. Draft Regulatory Agenda Notice

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i L. C. Rouse No Comments on draft reconsnendation.

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Coments .on draft recommendation.

l L. C. Rouse Chief

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' MEMORANDUM FOR: Victor'Stello, Jr.

Executive Director for Operations l FROM: Eric S. Beckjord, Director Office of Nuclear Regulatory Research

SUBJECT:

CONTROL OF RULEMAKING: INITIAL REVIEW OF RES SPONSORED RULEMAKING ENTITLED " STORAGE OF SPENT NUCLEAR FUEL-IN 1

x NRC APPROVED STORAGE CASKS AT CIVILIAN NUCLEAR POWER REACTOR. SITES" Based on our independent review of the subject rulemaking, RES recommends that

' NRC should begin this specific rulemaking. This recommendation in draft form  !

was coordinated with the Office of Nuclear Material Safety and Safeguards.

The basis for our recommendation is as follows:

  • Section 218(a) of the Nuclear Waste Policy Act of 1982 (NWPA) states, in part, that the Secretary (of DOE) shall establish a demonstration program for dry spent fuel storage with the objective

of establishing one or more technologies that the Commission (NRC) may approve'for use at sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals. Section 133 of the NWPA states, in part, that the Commission shall, by rule, establish procedures for licensing any technology approved by the Commission under section 218(a) for use at the site of any power reactor.

  • NUREG-0885 Issue 5, "U.S Nuclear Regulatory Comission Policy and Planning Guidance 1986" states in part that the NRC should continue  !

to develop the basis for rulemaking that would enable use of dry spent fuel storage casks without site-specific licensing review.

ENCLOSURE 1

_ _ _ _ _ _ _ _ . _ _ _ . _ _ _ _ _ . _ _ _ _ . _ _ . - __ ___________.____.____.__.-___________.____._______.__._________._____.-m_.__-___

2 The NMSS staff.has closely followed the Department of Energy demonstration program on. storage of spent' fuel in dry storage-casks. In addition'the staff has processed licenses for dry torage ~ _

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of spent fuel at two power reactor sites and has reviewe sa ety.

o analysis reports on.the design, fabrication, and use of spent fuel storage casks.

/

The staff anticipates that there will be a significant increase in the need f:r :;=t ff -tv.en dar u.w h t' ::r yi icone_

0 0 Thus, a rulemaking'to provide simplified licensing of spent fuel storage in NRC approved storage casks at civilian nuclear power reactor sites should be undertaken expeditiously.

'The pruposed. rule would not be a'backfit as defined in 950.109(a)(1). The .

proposed rule relates to licensing the storage of spent fuel at an independent spent fuel storage installation (ISFSI) under 10 CFR Part 72. Although there will be interfacing betw s the ISFSI and the reactor, no modification of the reactor structure, syster., components, or design is anticipated. Existing operational and organizational procedures, plans, and programs may be modified to comply with Part 72. requirements. No license application or related documents would need to be' submitted.

The complete initial RES review package is being sent to your office and to the Director, NMSS.

Eric S. Beckjord, Director Office of Nuclear Regulatory Research IMSB Offe: RES:DRA:RDB RES:DRA:RDB RES:DRA:RDB RES:DRA:RDB RES:DRA JTelford GMarcus ZRosztoczy BMorris RCunningham NAME: WPearson

-Date: 8/ /87 8/ /87 8/ /87 8/ /87 8/ /87 8/ /87

-NMSS RES:DD RES:D-HThompson DFRoss ESBeckjord 8/ /87 8/ /87 8/ /87 ENCLOSURE 1 i

RES Independent Screening Process

1. Problem to be Sofved or Issue. Section 218 (a) of the Nuclear Warte Policy Act of 1982 (NWPA) contains the statement that the Secretary [of the Department of Energy (DOE)) shall establish a demonstration program, in cooperation with the private sector, for dry storage of spent nuclear fuel at civilian nuclear i power reactor sites, with the objective of establishing one or more technologies that the Commission [NRC) may, by rule, approve for use at the site 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 contains the statement that the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section 218 (a) for use at the site of any civilian nuclear power reactor. The Commission set forth development of regulatory criteria and standards for generic licensing enabling the use of dry spent fuel storage casks without site-specific licensing reviews in NUREG-0885, "U.S. Nuclear .

Regulatory Commission Policy and Planning Guidance 1986", as part of its strat&gic goals and objectives.

2. Necessity and Urgency for Addr 1 g th p

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'*Aaa a tha be a significant increase in the need nu, us ^

&;F . +.' w posed aC. tion will 5..c. m ...i M,vtu,4. % Mpegas p rly 1 Os. This m. . '

u a n.<~.. cu w m The roposedactionshouldbestartedandprocessedexpeditiouslysodha y a final rule can be in place when it is needed.

3. Alternatives to Rulemaking. The law mandates that the Commission establish simplified procedures for dry storage of spent nuclear fuel at civilian nuclear power reactor sites by rule. Rulemaking appears to be the only appropriate procedure.
4. How the Issue will be Addressed. The NRC staff has closely followed the DOE demonstration program. The technology that the NRC approves is the dry storage of spent nuclear fuel in casks that have been approved for such storage l CE601SCR 1 06/29/87 l

Enclosure 2

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by 'the NRC staff. Storage tay be.either with the fuel rods re:aining in

' assemblies or with the rods disassembled but consolidated in a critically safe geometric configuration within the cask. The proposed rule would set forth i procedur , and conditio s for dr s fuel s e, under era ,

. f l: that d is' sued o' hold opa ivi an nuc fa' , wer re perat ng.

.lic se, o.hth'e s e of ei reacto .

5. How the Public, Industry, and the NRC will be Affected. The health and safety of the public will not be adversely affected. The proposed rule reflects knowledge gained by the staff from close observation of the DOE dry -

. spent fuel development and demonstration program. Further, the staff has gained knowledge and experience from review of safety analysis reports on the design and operation of spent fuel storage casks and issuance of licenses for dry storage of spent fuel at two reactor sites. The NRC would rely on its. e inspection and enforcement authority to ensure that casks are designed and fabricated and that independent' spent fuel storage installations (ISFSI) are constructed and operated according to the conditions specified in the rule.

-Industry would benefit, because these licensees would not have to submit an' application, or related documents, to the NRC. However, the reactor licensee would still be required to document the safe construction and operation of the ISFSI and make these-documents avaiggto the Commission for inspection. The l ,

staff work may change in character, but the total NRC work load probably will I not change significantly.

6. NRC Resourses and Schedule. The Offices of Nuclear Material Safety and /

Safeguards, Nuclear Reactor Regulation, and the Regional Offices will be the only offices significantly affected after this proposed rule is made effective.

The Offices of Nuclear Regulatory Research, Administration and Resource Management, and the General Counsel will also be affected during the rulemaking j process. The regulatory analysis for this rulemaking provides details ~

l concerning anticipated NRC resource requirements. The schedule for the proposed action is as follows: /

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- Proposed Action to Division Review - 10/16/87..

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Proposed' Action for Offices Concurrence 1/15/88 Proposed Action to EDO ,

2/12/88 . ,

Final ~ Acticm Published 12/20/88 1

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INOTE: RULEMAl:ING HAS NOT BEEN APPROVED FOR INITI AT10N. 3 LATEST UPDATE: 07/06/87 TITLE: . .

Storage of Spent Nuclear Fuel .in NRC Approved Caskt et

' Civilian

  • Nuclear Power Reactor Sites CFR CITATION:

10 CFR 2;-10 CFR 51; 10 CFR 72 CONTACT AND' PHONE NUMBER:

Bill Pearson, DRA, x37682 CURRENT STATUS: ,

Ibin_orw_culem* Pins _is_krins_ncreared et_thg_tgggggi_gi-t b e_ Di t e s 19c 2_ NM552_10_ g_ gg gg_ g 31 gg _ y yg g_12, _12 @Z2__6_ g t gi t c ule mt Li a g_ n es b e g e_ i n _ k et c 9_ a c s92 c cQ_ t gc _ su k ei t t e L_ t e_1b s Egg _igr_gggtgvg1_gf_iO111gtigos ABSTRACT:

The Nuclear Waste Policy Act of 1982 (NWPA) at section 218 (a) states, in part, that the Secretary Cof DOEJ shall establish a demonstration program, in cooperation with the private sector, for dry storage of spent nuclear fuel at ,

civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Commission (NRC) may, by rule, approve f or use at sites of civilian nuclear power react, ors without, to the maximum e:: tent' practicable, the need for addi ti onal site-specific approvals by the Commission. Section 133 of the NWPA also includes the statement that the Commission shall, by rule, establish procedures f or the licensing of any technology approved by the Commission under section 218 (a) for use at the site of any civilian nuclear power reactor. This rulemaking action would provide f or these procedures.

Since the NWPA mandate was for a rule, no other regulatory procedure is considered appropriate. No reduction in the public health and safety is anticipated 'as result of this proposed rulemaking action. The staff has closely f ollowed L

!- the Department of Energy (DOE) dry spent fuel storage development and demonstration program. It has used the l-knowledge and experience gained f rom "the DOE demonstration program, issuance of licenses under Part 72 authorizing dry spent fuel storage at two civilian nuclear power reactor sites, and review of topical safety analysis reports on the design and f abrication of spent fuel storage casks in developing this proposed rule. The staff ant i ates a signific t increase in the demand for TM%4 g it 7 1, spent fuel

. storag tarting in the early 1990s, thus, processing o.f this propose rule would be timely. NRC resource requirements are

, anticipated to remain about the same as the present, although the type of staff work may change. The NMSS staff will no longer have to review application and safety analysis reports ENCLOSURE 3 3

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for en ISFSI, but it wi11 have top 9, . t. cpi est-sMety gj Mk 4 acugyn, reportsMbe-ciasi-gn-end -+abrtcatton of-spent f uel -

stm- -Ms and perf orm inspection actions related to fabrication of these casks. The Regional Offices will assume l

the main inspection and enforcement duties previously l' perf ormed by the Of fice of Inspection and Enf orcement. NRR will coordinate actions between the onsite ISFSI and the nuclear reactor and may perform some inspection functions. -

Resources f rom the Of fices of Nuclear Reactor Research, the General Counsel, and Administration and Resource Management will be limited mainly to processing of the rulemaking.

TIMETABLE:

SCHEDULED ACTIONS:

Proposed Action f or Division Review (10/16/87) j Proposed Action to Offices for Concurrence (01/15/88)

Proposed Action to EDD (02/12/88)

Proposed Action Published (03/15/88)

Final Action Published (12/20/88)

SLIPPAGE, IF ANY:

REASON FOR SLIPPAGE, IN DETAIL:

LEGAL AUTHORITY:

42 USC 10153; 42 USC 10198 EFFECTS ON SMALL BUSINES AND OTHER ENTITIES: No AGENCY CONTA'CT:

Willi am R. Peerson Office of Nuclear Regul atory Research Nuclear Regulatory Commission

001 443-7682 l

1

'4 ENCLOSURE 3

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k-INDEPENDENT REGULATORY REVIEW BOARD V0 TING SHEET TO: B.M. MORRIS, CHAIR, IRRB FROM:. B.W. SHERON, MEMBER, IRRB f TITLE: STORAGE OF SPENT NUCLEAR FUEL IN NRC APPROVED STORAGE CASKS IVILIAN NUCLEAR POWER REACTOR SITES (10 CFR 2,.51, 72)

AGREE WITH RECOMMENDATIONS IN RULEMAKING REVIEW PACKAGE MODIFY' RECOMMENDATIONS IN RULEMAKING REVIEW PACKAGE AS INDICATED i

REQUEST IRRB MEETING ABSTAIN DISAGREE FOR THE FOLLOWING REASONS

' COMMENTS AND SUGGESTIONS:

M StA M b O- '

d D/_PS (Comments merely indicated typos, which .

were corrected.)

l NOTE: If this sheet is not returned within six working days, then approval will be assumed.

B.Wm Sheron, Member, IRRB -

bu 51grfature

?w n/n/r1 Date ( / l i

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i INDEPENDENT REGULATORY REVIEW BOARD i

VOTING SHEET TO: B.M. MORRIS, CHAIR, IRRB

- FROM: G.A. ARLOTTO, MEMBER, IRRB

-TITLE: STORAGE OF SPENT NUCLEAR FUEL IN NRC APPROVED STORAGE CASKS CIVILIAN NUCLEAR POWER REACTOR SITES (10 CFR 2, 51, 72)

AGREE WITH RECOMMENDATIONS.IN RULEMAKING REVIEW PACKAGE MODIFY RECOMMENDATIONS IN RULEMAKING REVIEW PACKAGE AS INDICATED REQUEST IRRB MEETING ABSTAIN DISAGREE FOR THE FOLLOWING REASONS COMMENTS AND SUGGESTIONS:

i I

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NOTE: If this sheet is not returned within six working days, then approval will be assumed.

1 G. A. Arlotto, Member, IRRB h%& ?% / oft /t7 Date ' "

Sigtature t- ,

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