ML20247L235

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Requests Review of Encl Documents Re Proposed Rulemaking Entitled Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Civilian Nuclear Power Reactor Sites
ML20247L235
Person / Time
Issue date: 03/01/1988
From: Morris B
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Arlotto G, Browning R, Burnett R, Cunningham R, Knapp M
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20245D207 List:
References
FRN-54FR19379, RULE-PR-170, RULE-PR-50, RULE-PR-72 AC76-1-06, AC76-1-6, NUDOCS 8906020113
Download: ML20247L235 (42)
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.. W 6 ' 88 MEMORANDUM FOR: Those on the Attached List FROM: Bill M. Morris, Director Division of Regulatory Applications, RES

SUBJECT:

RE0 VEST FOR REVIEW 0F PROPOSED RULEMAKING ENTITLED,

" STORAGE OF SPENT NUCLEAR FUEL IN NRC APPROVED STORAGE CASKS AT CIVILIAN NUCLEAR POVER REACTOR SITES" Your. assistance is requested in reviewing the enclosed documents and providing  ;

me with your conments and recommendations. The following is a summary of this  !

request:

Title:

" Storage of Spent Nuclear Fuel in NRC Approved Casks at '

Civilian Nuclear Power. Reactor Sites."

Task Leader: W. R. Pearson, RDB/DRA/RES Task Number: CE-601-1 Cognizant Individuals: J..P. Roberts, NMSS/IMNS/IMSR Requested Action: Review and comment Requested Completion Date: 3/25/88

Background:

(a) The enclosed documents are the Federal Registar notice and the Preliminary Regulatory Analysis for a proposed rule that will provide for spent fuel storage at power reactor sites without additional site-specific approval, (b) the Commission published a proposed rule (51 FR 19106,5/27/86) revising Part 72 primarily to provide for licensing storage of

. spent fuel and high level radioactive wasta at a monitored retrievable storage .

facility. It has not yet been made effective, but it does not address the issues covered by the subject rule.

i Note that:

1) No technical requirements of Part 72 would be changed as a result of this rulemaking. The significant change would be procedural, which is that no application for a license would be required. The findine of no significant environmental impact in the rulemaking relies on results from safety analyses, especially those used in support of previnus Commission rulemakings, and actual dry spent fuel storage.
2) Only spent feel generated at the site could be stored urder this rule.
3) The intention of 572.107(b) is that a range cf parameters, including i those necessary for a site safety assessment, would be specified and analyzed in the cask safety analysis report. Ganeral licensees would be required to show that the values salected for their site safety l assessment, (e.g., earthquake, tornado missile, airplane crash) are within the envelop of the values analyzed for the cask. For instance, 8906020113 890526 PDR I h54N19379 g %'*

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~ Addressees' Memorandum dated MAR . 1988 RES Guy A. Arlotto, Director, Division of Engineering

- NMSS Richard E. Cunninoham, Director Division of Industrial and Medical Nuclear Safety Robert F. Burnett, Directnr Division of Safeguards and Transportation Robert E. Browning, Director Division of High-Level Waste Management Malcolm R. Knapp, Director Division of Low-Level Waste Management and Decommissioning NRR Dennis M. Crutchfield, Director Division of Reactor Projects - III/IV/V Steven A. Varga, Director Division of Reactor Projects - I/II EDO James Lieberman, Director '

Office of Enforcement ARM Donnie H. Grimsley, Director Division of Rules and Records Graham D. Johnson, Director Division of Accounting and Finance DGC Stuart A. Treby, Assistant General Counsel for Rulemaking and Fuel Cycle Region I William F. Kane, Director Division of Reactor Projects i

L Thomas T. Martin, Director

! Division of Radiation Safety and Safeguards Region II Luis A. Reyes, Director Division of Reactor Projects J. Phillip Stohr, Director Division of Radiation Safaty and Safeguards l.

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.O 1988 Addressees Memorandum dated MAR 1 cont'd Region III J.A. Hind, Director Division of Radiation Safety and Safeguards  ;

C.E. Norelius, Director Division of Reactor Projects Region IV Richard L. Bangart, Director Division of Radiation Safety and Safeguards L.J. Callan, Director Division of Reactor Projects Region V Dennis F. Kirsch, Director  ;

Division of Reactor Safety and Projects Ross A. Scarano, Director Division of Radiation Safety and Safeguards I

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if 'a reactor licensee wanted to use a cask that had been evaluated at an earthquake' level of 0.25g and the aarthquake level developed for 1 the site' was over 0.25g (e.g., 0.5g) the licensee would have to follow l the normal licensing procedure and submit a license application. ]

B'ill M. Morris, Director Division of Regulatory Applications, RES

Enclosures:

1. Proposed FRN (In Comparative Text)
2. -Preliminary Regulatory Analysis Distribution: f.RULEMAKING REVIEW /PEARSON]

subj-circ-chron RDB Reading File BMorris ZRosztoczy dgggtgen JTelford ADipalo '

JScinto,- OGC, CHeltemes, AE00/CRGR, SDuraiswany, ACRS, JRoberts, NMSS CNilsen, RES, LRouse, NMSS, SGagner, GPA l

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Offe: RES:RDB:DRA RES:RDB:DRA RES:RDR:DRA RES:DRA RES:DRA Name: *Pearson:jp *JTelford *ADipalo ZRosztoczy BMorhis Date: / /88 / /88 / /88 2 /zs/88 'j/j/88

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[7590-01] [

F NUCLEAR REGULATORY COMMISSION

  1. 10 CFR Parts 2, 51, 72, 73, 75, and 170  !

Storage of Spent Nuclear Fuel in NRC Approved Storage Casks at ,

-Civilian Nuclear Power Reactor Sites- ;_

AGENCY: Nuclear Regulatory Commission. i ACTION: Proposed rule.

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SUMMARY

The Commission is proposing to amend its regulations in 10 CFR j4 Part 72 to provide for'the storage of spent fuel at the sites of power reactors without, to the maximum extent practicable, the need for addi- ,

i tional site-specific approvals. Holders of power reactor operating (-

i licenses would be permitted to store spent fuel in casks certi.fied by NRC under a general license. The proposed contains criteria for obtain-i ing NRC certification of casks for storage of spent fuel.

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DATE: Comment period ends (Insert a'date to allow for.45-day Public f I

Comment]. Comments received after this date will be considered if it is j practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.

l ADDRESSES: Mail written comments to Secretary, U.S. Nuclear Reoulatory l Commission, Washington, DC, 20555 ATTN: Docketing Service Branen. Deliver ;

comments to Room 1121, 'J7U H Street NW. , Washington, DC between 7: 30 a.m.  !

i and 4:15 p.m. weekdays. Copies of comments received may be examined at  ;

the NRC Public Document Room at 1717 H Street NJ., Washington, DC, {'}i 02/17/88 1 Enclosure 1

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FOR FURTHER INFORMATION CONTACT: William R. Pearson, Office of Nuclear Regulatory Research, Washington, DC, 20555. Telephone: (301)492-3764.

SUPPLEMENTARY INFORMATION:

Background

Section 218(a) of the Nuclear Waste Policy Act of 1982 (NWPA) includes the following directive, "The Secretary [of 00E] shall estab-lish 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

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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 additional site-specific approvals by the Commission." Sec-tion 133 of the NWPA states, in part, 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.

Discussion Experience with storage of spent fuel under water is grea,ter than with dry storage in casks. Hovever, experience with storage of spent fuel in dry casks is extensive and wide spread. The Canadians have been l-storing dry CANDU type I, pent fuel at Whiteshell in vertical concrete

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casks, called silos, since 1975. Although the storage of spent fuel at 02/17/88 2 Enclosure 1 l i l

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y WhiteshellIdoes n'ot involve light-water-reactor (LWR) fuel, it .has con-tr,ibuted to the knowledge'and experience of dry spent fuel storage in I

. concrete casks. Dry cask storage has been demonstrated for years in West. ]

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-Germany. There has also been experience'with dry spent fuel storage'in g

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the United States. The Department of Energy (DOE)'and its predecessors  !

l shave kept non-LWR spent fuel in dry storage in vaults' and' dry wells since j the 1960s. -An NRC survey of the dry storage'of. spent . fuel, both in the

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United States and elsewhere, was presented in ~NUREG/CR-1223, " Dry. Storage i

of Spent Fuel .- A Preliminary Survey of Existing Technology and Experience" 1

(April 1980). NUREG/CR-1223, at Section IV.C, contains a description of DOE demonstration of dry LWR spent fuel storage in Scaled Storage Casks i

_(SSC) and dry wells. The' storage of LWR spent fuel in an SSC, which is an-above ground, steel lined, reinforced concrete cylinder or cask, y started in 1979. The DOE demonstration program has continued and has

'been expanded to include dry storage in metal casks and consolidation of fuel rods in addition to spent fuel assembly storage. Programs have be'en conducted in cooperation with Virginia Power at their Surry plant, with Carolina Power and Light at H.B. Robinson 2, with General Electric at their Morris' plant, and with storage of LWR spent fuel at the Idaho National Engineering Laboratory. Tests are being performed on spent fuel loading and unloading, disassembling fuel assemblies, and consolidation of spent-fuel rods. The dry storage of spent fuel was considered during 1 development of the Commission's original regulations in 10 CFP. Part 72,

" Licensing Requirements for the Storage of Spent Fuel in an Independent Spent Fuel Storage installation (ISFSI)," which was promulgated on  !

I November 12, 1980 (45 FR 74699). A proposed rule entitled, " Licensing i 02/17/88 3 Enclosure 1 t:

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1 Requirements for the Independent Storage'of Spent Nuclear Fuel and High--

Level Radioactive Waste," revising Part 72 was published ~in the Federal Register (51 FR 19105) on May 27, 1986. This proposed rule mainly. pro-

  • vides for licensing the long-term storage of spent fuel and high.-level radioactive waste at a Monitored Retrievable Storage (MRS) facility, but does not cover the mandates of Sections 133 and 218(a) of the NWPA; .

1 The passive' nature of dry storage in casks provides significant i safety advantages over storage under' water.- One advantage is that there is no need to provide operating systems to purify and circulate the water.

Another advantage is that the potential for corrosion of the fuel cladding and reaction with the fuel is reduced, especially if an inerting atmosphere is maintained inside the cask. Criticality control is simpler'in a dry i

cask. Further, cooling of the spent _ fuel in casks is a passive activity that does not require active mechanisms, such as pumps and fans. .

The NRC staff has obtained a great deal of useful and substantive information from 00E programs. The staff has gained 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 inside concrete modules at the Robinson site of South Carolina Power and Light. Over the last several years the staff has reviewed and approved two cask designs and a dry storage system consisting of stain-less steel canistrrs placed in concrete c.ocules. Requests for approval of cask, designs are current?y subruitted in the form of topical safety analysis reports (TSARS). Two cask TSARS have been approved for referenc-ing. Currently NRC staf f approval of a TSAR allows ISFSI license appli- {

cants to reference appropriate parts of the report in licensing p"oceedings. l

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' - This greatly _ reduces an-ISFSI license applicant's time, effort, and cost.

Four cask-design topical reports are under active review at the present time. Safety analysis reports have been received for casks fabricated a

using nodular cast iron, using thick-walled ferritic steel, and us ing stainless steel clad lead-shielded designs.

Activities related to unloading fresh and spent fuel casks and loading spent fuel casks for shipment are routine procedures at civilian power reactors. The procedures for actual storage of spent fuel, in certified. casks under this rule, would simply be an extension of these procedures. Under this rulemaking the reactor licensee would not need to submit a license application for an onsite ISFSI, but would still have to meet the requirements of Part 72. For instance the applicant (who must also.be the holder of a civilian power reactor license) would have to develop'; and maintain for Commission inspection, records of the safety-analysis report (SAR) and other plans and programs required by Part 72.

Reactor licensees are familiar with these types of plans, because they .

have to develop them for reactor operations and are required to update them periodically under 10 CFR Part 50. These existing plans and Casks programscohldsimplyberevisedtoaccommodatetheonsiteISFSI.

that have been certified by NRC for dry storage of spent nuclear fuel must be selected for storage. The Commission would rely on its inspec-tian and enforcement authority to ensure that the ISFSI is constructed, of tested, operated, and decommissioned accordi:tg to the requirements Part 72. The reactor licensee would have to notify the Office of Nuclear Material Safet.y and Safeguards (NMSS) that spent fuel will be stored in casks at the reactor site. HMSS staff will coordinate with 5 Enclosure 1 02/17/88

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staf f from' the Office of Nuclear Reactor. Regulation ~ (NRR)L and the ap'p'ropriate Regional Offices. In general terms, NRR and Regional 0ffice L personnel (including Resident Inspectors) would ensure that the.onsite

  • ISFSI;is constructed, operated, and decommissioned in compliance with the conditions of the general license.

The staff's experience in review of cask design and fabrication and 1.icensing of spent fuel storage installations on the site.of operating reactors has been documented in part by publication of two' draft regula-L a-

-tory guides, fA draft guide entitled, " Standard Format and Content for the Safety Analysis Report for Onsite Storage of Spent fuel Storage Casks" was issued'for'public comment in' April 1986 under task number CE-301. A draft guide entitled', " Standard Format and Content for a Topical Safety Analysis Report for a Dry Spent Fuel Storage Cask was issued 1or public comment in' April 1986 under task number CE-306. Under.this proposed rule, the NRC staff would certify that a particular cask is safe for dry storage for spent fuel under specified conditions. A reactor licensee would rotify the NRC of the. intent to store spent fuel in a certified' cask c A proceed to construct, test, and operate the onsite ISFSI. The l NRC would-artange for inspection and verification of the design, con-struction,. testing, and operation of the ISFSI. Part of the cask certi-fication procedure would be for NRC to ensure, through acceptance of a quality assurance program and NRC inspections, that casks are designed, fabricated,and tested according to acceptance criteria which are set forth in this rulemaking.

'The certification. program would be similar to that now conducted for casks used for shipping' spent fuel under 10 CFR Part 71. The safety of l

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W cask' designs and fabrication procedures will be. assured by review of the

-TSAR. Part of the cask certification process will be approval of'a quality assurance program which provides control over activities e

affecting the quality of systems and components important to safety'and-ensure compliance with approved cask design, f abrication, and use.

f NM55 staff'will be responsible for approval of cask design and fabrication.

They will review the TSAR and perform some' inspections and will. issue the certificate of compliance for a cask. Regional staff will ensure that design and . fabrication standards are enforced through their inspec-

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tion programs. Records will be developed and maintained by vendors and users that will provide historical information on all casks. The NMSS staff will maintain a tracking system for all' certified casks. If there is a problem with a particular model cask or with a fabrication procedure, the staff would issue a notice to cask users and initiate corrective action.

Proposed Rule .

I' The Commission believes that, with provisions for proper quality assurance erisured under the Commission's inspection and enforcement authority, dry storage of spent fuel in casks provides adequate protec-tion to public health and safety. After extensive research and study, no unresolved safety questions or significant environmental impacts resulting from the dry storage of spent fuel in casks has been discovered by the NRC staff. 'For reasons previously stated the Commission finds, as required l by Section 218 (a) of the NWPA, that dry storage of spent fuel in casks is an acceptable technology. Dry storage of spent fuel assemblies (follow-ing at least one year of storage in a reactor pool) or dry storage of ,

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consolidated fuel rods removed from the assemblies, in casks and using an inerting atmosphere as applicable would be acceptable.

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Section' 133 of the NWPA directs that the Commission set forth proce-dures, by rule', for licensing any technology for the dry storage of spent nuclear fuel approved by the Commission. The NRC staff considered methods for implementing this directive, and the directive-in Section~218 (a) to approve'use'of the technology without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. The staf f has concluded that rulemaking is the most appropriate procedure o available and that 10 CFR Part 72 is generally applicable and'should be amended rather than starting a new part or amending 10 CFR Part 50. The rule would take the form of a general license, issued to holders of a civilian power reactor operating license, to store spent fuel on the reactor: site in casks that have been certified by NRC. The rule would contain conditions under which the general ~ license would apply and stan-dards and criteria for obtaining certification of the design and fabrica-tion of storage casks. The Commission could continue to only issue licenses'for dry spent fuel storage in a manner similar to those issued to Virginia ' Power and South Carolina Power and Light. However, this procedure would ignore the directive to issue licenses to store spent fuel at the sites of civilian power reactors without the need for addi-I tional Commission site-specific approvals. Provisions for storage of spent nuclear fuel in casks on civilian nuclear power reactor sites, L

J under a general license issued to holders of a power reactor operating license and under appropriate conditions, would enable the Commission to eliminate the need for additional site-specific license approvals to the maximum practicable extent.

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,, s-Curr2ntly licenses ~to store spant fuel at independent sp2nt fuel storage installations cannot be issued prior to review by..the Commission.

Section 2.764 (c) states, in part, that an initial decision directing the

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ibsuance of an initial license for the construction and operation of an .

independent spent fuel storage installation (ISFSI) under 10 CFR Part 72 of this chapter shall not become effective until review by the Commission E has'been completed. This rulemaking would revise S 2.764 (c) to exempt a general license issued under proposed S 72.6(b)(2) from Commission review.

-[ Safeguards-discussion will be inserted.)

Finding of No Significant Environmental Impact-

' Summary Assessment The major aspects of the proposed rule are that: (1) a general license would be issued to holders of civilian nuclear power reactor operating licenses to store spent nuclear fuel in NRC certified storage-casks on the reactor site, (2) the general license would remain in effect

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until' the fina1 power reactor operating license at the site is termi-L l, nated, (3),the reactor licensee would have to comply with the require-

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ments of 10 CFR Part'72, including developing and maintaining records and L

i making them available to the Commission for inspection, except that no L license application would have to be submitted, (4) the reactcr licensee would be required to noti.fy the NRC at least 90 days prior to first use .

of a spent fuel storage cask, (5) the f4RC would certify spent fuel storage cask design and fabrication, including approval of quality assurance programs, (6) criteria for obtaining storage casa certif':ation -

would be included, and that (7) the f4RC would rely on its inspection and enforcement authority to ensure compliance.

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i The staff has carefully analyzed the proposed requirements and 1 reviewed pertinent documents, but has not found any- significant incre-I' mental impacts that'would result from adoption of this proposed rule. .

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Documents used in the investigation are referenced as appropriate. These,  !

and other documents related to storage of spent fuel, are available, for i

inspection and copying for a fee, in the Commission's Public Document Room at 1717 H Street NW., Washington, DC.

The potential environmental and safety impacts from storage and transportation of spent nuclear fuel has been thoroughly investigated and analyzed by NRC and others over the years. There has been over 30 years of experience with storage of spent fuel in the U.S. and other countries.

Experience with storage of spent fuel under water is greater than that of dry storage in casks, but dry storage of spent fuel in casks is extensive and wide spread. Dry cask storage has been demonstrated in West Germany for years. The Department of Energy (00E) and its predecessors have been storing spent fuel in vaults and dry wells since the 1960s. The Canadians have been storing dry CANDU type spent fuel in concrete casks since 1975, DOE has been storing light water reactor (LWR) spent fuel in dry casks e

since 1979. 'The dry storage of LWR spent fuel has been considered by the Commission in all Part 72 rulemakings. A final environmental impact statement (NUREG-0575, " Final Generic Environmental Impact Statement on the Handling and Storage of Spent Light Water Reactor Fuel," August 1979) was issued in support of the initial effective rule (45 FR 74699,11/12/80).

In the Supplement Informaion of a proposed rule entitled, " Licensing Requirements for the Independent Storage of Spent Nuclear fuel and High-Level Radioactive Waste," (51 FR 19106, S/27/86) specific analyses show 1;

I that the potential environmental impacts from dry storage of spent fuel 10 Enclosure 1 02/17/88 1

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in casks are small. NUREG-1092, " Environmental Assessment for 10 CFR .

.I Part 72 ' Licensing Requirements for the Independent Storage of. Spent Nuclear Fuel and High-Level Radioactive Waste'" also contains some o

specific analyses. In a final rule published in the Federal Register (49 FR 34688) on August 31, 1984, the Commission amended its regulations

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to incorporate a provision that the Commission has reasonable assurance that no significant environmental impact will result from the storage of spent. fuel for at least 30 years beyond the expiration of nuclear power ,

reactor. operating licenses. .

The support for this rule was a' proceeding, ,

I which started in 1979 (44 FR 61372, 10/25/79), known as the " Waste I

Confidence" rulemaking. Dry storage of spent fuel was considered in this proceeding. It was specifically discussed in the final waste confidence decision (49 FR 34658, 8/31/84) in the appendix at Section 2.4.C. All of these analyses and all of the experience with the storage of spent fuel have not revealed any significant environmental or safety impacts.

The staff anticipates that an average of two license applications * ,

per year, for the period between 1990 and 2000, will be submitted for the .

storage of spent fuel on nuclear power reactor sites. It is estimated that about '15,000 tons of spent fuel will need to be stored outside of j existing reactor storage pools in this period. Assuming that 10 tons of spent fuel can be stored in a cask it would require about 1,500 casks to store this amount of fuel. The major nonradiation environmental impacts would be those related to fabrication of these casks and construction of the ISFSIs. Storage cask may weigh up to about 100 tons and are fabricated mainly from steel, concrete, lead or uranium, and plastic. The amounts of lead and iron needed would not have significant incremental environ- r mental impacts on the mining of these metals. The 150,000 tons of steel II Enclosure 1 02/17/88 l

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ovar;the 10 ysar pariod is, expscted to have very little icpact on the

. steel: industry.' If concrete casks are.used, the amount of concrete will be insignificant compared to industrial and construction uses. -The u'ranium would probably be obtained by processing some of the vast supply of uranium available as uranium hexafluoride. The plastic, which most commonly is polyethylene,is used as a shield against neutron radiation.

In some' cases water is substituted for plastic. In any case, the amount of polyethylene would not amount'to more than a ton per cask. Thus, the amount of polyethylene used in the 1500 casks would be insignificant com-pared to the millions of tons of production available annually. The onsite ISFSI would consist primarily of cranes and mobile equipment neces-sary to move' the casks, reenforced concrete pads on whi'ch the casks are stored, and land. These environmental impacts are not considered to be significant, because the requirements for additional equipment and con-crete are negligible compared to normal usage and the land would have been previously committed.

No reduction in the protection of public health and safety is antici-pated from promulgation of this rule. -Protection of the public health and safety would be marginally improved, because offsite shipments of spent fuel would be delayed, thus, allowing more time for reduction of radioactivity. Two previous rulemakings have determined that compliance with the requirements of 10 CFR Part 72 would ensure adequate protection of the public health and safety. This rule would not change any of the I requirements for the storage of spent nuclear fuel in an independent spent fuel' storage installation (ISFSI). Reactor licensees would have to comply with these requirements, althcugh they would not have to submit an applica-tion for a license.

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-i Reporting requirements for civilian _ reactor licensees 'would be' reduced.

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Spent' nuclear fuel-storage problems would be mitigated. Since power reac-1 -I tor licensees-would have'to comply with'the current requirements'of s'

10 CFR Part 72 and no additional requirements would be imposed.on them

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there would be no change in' impacts.

There would be no changes from current practices, except that a power reactor licensee would not have to submit _a' license application to store spent fuel at an ISFSI on-the reactor site. The NF.C staff analyses show that the potential incremental environmental impacts from using casks for this type of spent fuel storage would be insignificant.

Finding Based on the staff's investigations and assessment, the Commission finds that dry storage of spent nuclear fuel in casks is an acceptable technology. The Commission has determined under the National Environ -

mental Policy Act of 1969, as amended and the Commission's regulations in Subpart A'of 10 CFR Part 51, that this rule, if adopted, would not be a major Federa'l action significantly affecting the quality of the human

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environment and therefore an environmental impact statement is not required.

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 seq.).

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J ;l This rule has-been submitted to the'0ffice'of Management and Budget-for.

review and approval'of the paperwork. requirements.

  • - Regulatory Analysis L

The Commission has prepared a preliminary regulatory analysis on this proposed rule. The analysis examines the benefits and impacts con-

.sidered by the Commission. The Preliminary Regulatory Analysis'is avail -

able for. inspection in the NRC Public Document. Room, 1717.H Street NW.,

Washington, DC. Single copies may be obtained from W.R. Pearson, Office of Nuclear Regulatory Research, Nuclear Regulatory' Commission, Washington, DC, 20555; Telephone: -(310)492-3764. I Regulatory Flexibility Act Certification In accordance with the Regulatory Flexibility Act of 1980'(5 U.S.C.

605(b)), the Commission certifies that this rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. This pr,oposed 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, or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.

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l Backfitting

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a The NRC has determined.that the backfit rule, 10 CFR 50.109 jdoes

>e not apply to this proposed rule, because amendments do not impose any new l requirements on power reactors that would impose backfits as defined in i 10 CFR 109(a)(1).

l List of Subjects in 10 CFR Part 72 Manpower training program, Nuclear materials, Occupational safety and health, Reporting and recordkeep ing requ irements, Security measures, and Spent fuel.

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,.5 U.S.C. 553, and the Nuclear Waste Policy Act of 1982,-

the NRC is proposing to adopt the following revisions to 10 CFR Part 72 and conforming amendments to 10 CFR Parts 2, 51, 73, 75, and 170. ,

PART 72:- LICENSING REQUIREMENTS .FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE

1. The following will be added to existing Part 72 authority citation:

Authority: -- and Sec. 72.6(b)(2) and Subpart K are issued under sec. 133, 96 Stat. 2230 (42 USC 10153); and Subpart L is issued under

.sec. 218(a), 96 Stat. 2252 (42 USC 10198).  !

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2. Section.72.2 is revised to read as follows:

6 7,2.2 Scope.

.(a)f Except as provided in S 72.6 (b) (1), licenses issued under- ,

e this part are limited to the possession of power reactor spent fuel to be stored in a complex that is designed and constructed specifically for the temporary storage of power reactor spent fuel aged for at least one year, and to the possession of other radioactive materials associated with spent fuel storage in an independent spent fuel storage.

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3. Section 72.6 is revised to read as follows: ,

S 72.6 License required; types of licenses.

(a) Licenses for spent fuel are of two types: general and specific.

Any general license provided in this part is effective without the filing of applications with the Commission or the issuance of licensing docume'nts to particular persons, except that a general licensee under subparagraph (b)(2) must register first use of certified casks for storage of spent j fuel at a c'iDilian*. nuclear power reactor site with the Commission at least-90 days prior to planned storage of spent fuel in each type of cask.

Specific licenses are issued to named persons upon applications filed pursuant to the regulations of this part.

(b){1] A general license is hereby issued to receive title to and own spent fuel without regard to quantity. Not withstanding any other i provisions of this chapter, a general licensee under this paragraph is not authorized to acquire, deliver, receive, possess, use, or transfer spent fuel except as authorized in a specific license or in S 72.6(b)(2).

02/17/88 16 Enclosure 1

[7590-01]

(2) A general. license is hereby issued to a civilian nuclear power reac-tor licensee for the storage of spent fuel, generated'at the site, on the site of the reactor (s). Spent fuel storage casks certified by the NRC must be'used to store the spent' fuel. This general license is issued to these licensees under the conditions specified in Subpart K. The proce-dure and criteria for obtaining NRC approval for spent fuel storage casks are specified in Subpart L. (3) A general license issued under S 72.6(b)(2) is terminated when the Commission terminates the license of the final nuclear power reactor operating at the site at which the ISFSI is located.

n n a a a

4. A new Subpart K is added to read as follows:

SUBPART K -- CONDITIONS OF GENERAL LICENSES ISSUED UNDER SECTION 72.6(b)(2) 672.401 Purpose. .

i The reciulations in this subpart establish requirements for the storage of spent nuclear fuei on the sites of civilian nuclear power reactors under section 133 of the Nuclear Waste Policy Act of 1982 (NWPA).

02/17/88 17 Enclosure 1 l

L

[7590-01]

g . ,

L 72.403 Scope. ,

'The~ regulations in'this subpart pertain only to a general license

. issued under 672.6 (b)(2) and apply only to holders'of a civilian

-]

,- 1 nuclear powtr reactor operating license and for the storage of spent nuclear fuel generated in power reactors at the site.

S 72.407 Definitions.

[ Define: Certification, Tamper-safing, kw, rod or fuel rod, assembly or fuel' assembly, consolidated rods, etc.).

S 72.409 General Conditions.

The general license issued under S 72.6(b)(2) is subiect to the provisions of 10 CFR Parts 19,-20, 21, 72, 73, 74, 75, and 170, as appropriate.

S 72.411 Specific Conditions.

Under a general license issued under S 72.6(b)(2) the nuclear power reactor licensee shall:

(a) Stfore spent fuel at the onsite ISFSI only in casks that are i

certified by NRC. The registration required by S 72.6(a) may be accomp-lished by submitting a NRC Form xxx or a letter containing the following information: -licensee's name and address, licensee's operating reactor license number (s), 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. Notification must be submitted for each type of cask used, accompanied by separate written notice if necessary.

Submittals must be in accordance with the instructions contained in 02/17/88 18 Enclosure 1

=3

' 1

. [7590-01) )

.. \

$ 72.4. A copy of each submittal must be sent to the Director, {

Radiation' Safety and Safeguards of the appropriate NRC-Regional Office-l 1

listed'in Appendix 0 to Part 20.

(b) Ensure, through written evaluations, that there are no unre-viewed safety questions or changes necessary to either the reactor opera-- I a

ting license or technical specifications related to the loading, movement, storage, and unloading of the casks'used for storage of spent fuel at-the onsite ISFSI. A record of these evaluations must be retained by the-licensee for 3 years, af ter initial use of each type of cask.

(c) Evaluate the safety of the onsite ISFSI, taking into account the cask (s) selected for storage of spent fuel, to ensure that the requirements in S 72.15 are met. Records showing the evaluations must be maintained by the licensee. Information contained in documents prev-iously submitted to NRC may be used in these evaluations and referenced  !

l in the records. These records must be updated annually and a current j copy of the record maintained until the final site-related operating reactor license is terminated.

(d) Develop technical specifications and operating procedures for operation of'the onsite ISFSI, including preoperational testing. A current l copy of the bases for establishing the technical specifications must be maintained for a period of 3 years after initial use of each type of cask.

(e) Maintain current records, modifications to the licensee's i

existing plans and programs is acceptable, of a quality assurance program1 emergency plan, decommissioning plan, physical security plan, safeguards contingency plan, operator training program, and environmental monitoring  ;

program resulting from construction and operation of the onsite ISFSI l until the final site-related operating reactor license is terminated. l i

02/17/88 19 Enclosure 1

ry, <

sQ

" ~

'*^

[7590-01]

r

. (f) -' Maintain records of preoperational test acceptance criteria A copy of these records ~must be

~

- and test results'for the onsite~ISFSI.

- retained for 3 years.

4

. (g)' Establish a spent fuel inventory and control program describing.

how the requirements of S 72.51 will be met. The licensee shall retain.a

~

copy of the-current material control and accounting' program and-the current spent fuel-inventory as'a record until the final site-related operatinj

- reactor license is terminated.

. (h). MaintainacopyoftheCertificateofComplianceforeacbmodel

- of. cask used for storage of spent fuel. The licensee shall~also maintain drawings and other documents referenced in the certificate (s) relating to the cask's use, modification, and maintenance. The licensee shall comply with the terms and conditions of the certificate (s).

' (j) Maintain'a record for each cask'used to store spent'. fuel'that shows (1) the NRC Certificate of Compliance number, (2) name and address of the cask vendor / lessor, ~ (3) the cask model number, (4) the cask 'identi-fication number, and (5) any maintenance and modifications performed on the cask. This record must include sufficient information'to furnish documentary' evidence, such as but not limited to, monitoring, inspection, and auditing type of information that testing, modification, maintenance, .i and repair of the cask has been conducted under a quality assurance pro-gram accepted by the NRC. The licensee shall maintain this record until the cask is taken out of service. In the event that a cask is sold, leased, or loaned a copy of this record must be given to and be main-i tained by the new user. Upon return of the cask to the original owner j or user, the updated record must be returned so that there is no lapse

..02/17/88 20 Enclosure 1 a__.___ . _ _ . _ _ _ _ __.__.-m___________._._______m__L..._m. _ , . _ _ _ _ ___.___.___m -_____.___2 -.--_____..__-___m.____im.____.m_ _ _ __-i_m_-__.-__m___ ___

?'

[7590-01]_ )

in the maintenance'of the cask record. .This record must be maintained by the cask' user during the period that the cask is used for storage of- )

. spent fuel.

(k) londuct operations of the onsite ISFSI in accordance with written and soproved procedures, including procedures for ' detecting and handling spent fuel with breached cladding during cask unloading.

(1) On reasonable notice make available all records to the Commission for inspection.

S 72.413 Spent fuel management plan.

Send a copy of the notification required by S 50.54(bb) to the Director, Division of Radiation Safety and Safeguards of the appropriate NRC Regional Office shown in Appendix D to Part 20.

S 72.415 Decommissioning.

The onsite ISFSI must be decommissioned, including removal of the spent fuel, before the license for the final operating power reactor on the site is terminated.

S 72.417 Reports.

The lidensee shall make an initial report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the Director, Nuclear Materials Safety and Safeguards (NMSS) of any (1) defect (s) with safety significance discovered in any cisk during first use and (2) instance in which there is a significant reduction in the safety effectiveness of any cask during use. A complete written report, including a description of the means employed to repair any defect (s) or damage and prevent recurrence, must be submitted to the Director, NMSS within 30 days. A copy of the written report must be sent to the Director, Division of Radiation Safety and Safeguards of the appropriate regional office shown in Appendix D to Part 20.

02/17/88 21 Enclosure 1

[7590-01)

S 72.419 Additional requirements.

The Commission may, by rule, regulation, or order, impose require-L mentsupokanylicenseeinadditiontothosesetforthinSubpartK,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.

i

5. A new Subpart L is addec) to read as follows: j SUBPART L - CERTIFICATION OF SPENT FUEL STORAGE CASKS l t

S 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 in S 72.4. A topical safety analysis report (TSAR), describing the proposed cask and how l the cask should be used to store spent fuel safely, must be included with the application. NRC may certify the cask for storage of spent fuel pro-vided that the criteria in S 72.505 are met.

(b) Previously approved spent fuel storage casks. Application for certification of a cask for which an NRC approved TSAR exists may reference I

the TSAR. Only those areas of review not covered in the approved TSAR 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 Form - xxxx, must be submitted in accordance with the instructions contained in S 72.4. A copy of the existing certificate l l

02/17/88 22 Enclosure 1 1

j

f [7590-01) j,. I j, -

i

n. of compliance issued by NRC for the cask,'and drawings and other docu-i ments referenced in the certificate, must be included with the application.

A' safety analysis report showing that the cask is suitable for storage ,

\

of spent fuel for a period of at least 20 years must also be included.

I The NRC may approve the cask for storage of spent fuel provided that the f i

l- cask, with modifications if required, meets the criteria set forth in I 1

S 72.505. f (d) Public inspection. An application for the approval of a cask for storage of spent fuel may be made available for public inspection under S 72.13.

(e) Fees. The fees for certification and decertification of casks for storage of spent fuel are those shown in S 170.31 of this chapter.

The applicable fee is due and payable with submittal of the application.

6 72.503 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.

(b) The appl'icant 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 chapter.

(c) The applicant shall notify the Director, Division of Radiation Safety and Safeguards of the appropriate NRC Regional Office listed in i Appendix D of Part 20, and the Director, Division of Industrial and Medical Nuclear Safety, Office of Nuclear Materials Safety and Safeguards  !

at least 45 days prior to fabrication of a spent fuel storage cask.

i J

02/17/88 23 Enclosure 1 i

l

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[7590-01]. .

1 1

S 72.505 Conditions of approval. -J 1

.. j (a) Design, fabrication, and modification of a spent fuel storage  !

cask must comply with the technical criteria in S 72.507. Design, {

e fabrication, and modification of spent fuel storage casks must be con-ducted 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 j a certificate of compliance. Application for decertification must be

_ submitted 3 years prior to the date that the certificate expires and must consider aging of the cask.

(d) The applicant shall ensure that a record is established and maintained for each cask fabricated 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 completed, (5) certification that the cask was designed, fabricated, modified, i and repaired, if appropriate, in accordance with a quality assurance pro-gram accepted by NRC, (6) certification that inspections required by 5 72.507(1) were performed and found satisfactory, and (7) the name and address of the cask purchaser or user. A copy of this record must be supplied to the cask user. This record, or a current copy of a composite record of all casks, must be permanently maintained under control of the applicant. l l

(e) The record required by S 72.505(d) above must be made available i

to the Commission for inspection.

02/17/88 24 Enclosure 1

.- .[7590-01)

(f)! The applicant shall ensure that approved written procedures and appropriate tests for use of the cask, which if followed will reasonably

~

ensure public health and' safety, are established. A copy of these proce-

  • ].

duresandtestsmustbeprovidedtoeachcaskusih n

S'72.'507 Specific criteria for spent fuel storage cask approvals.

~

'(a) ' 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), enrichment of the unirradiated fuel : burn-up (i.e. , megawatt-days per metric ton of h specific power,' cooling time of the spent A.

fuel prior to storage in the cask, maximum heat designed to be dissipated (i.e., kw/ assembly, kw/ rod), the maximum loading limit, and condition of the spent fuel (i.e., intact or breached cladding, intact assembly,

~

consolidated fuel rods) must be provided.

(b) Design bases and design criteria must be provided for structural members and systems important to safety, a

(c) The cask must be designed and constructed so that the spent fuel is maintained in a subcritical condition under all credible conditions.

(d) Radiation shielding and confinement features must be provided to the extent required to meet the requirements in SS 72.83 and 72.85.

(e) Casks must be designed to provide redundant or diversified seal-ing of confinement systems.

l l 02/17/88 25 Enclosure 1  ;

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'[7590-01]

(f) Casks must be' designed to provide heat removal capacity when the cask is stored witho'ut active cooling.

(g) ' Casks must be designed to store the spent fuel safely for a minimum of'20 years and permit maintenance as required.

(h) Casks must be compatible with-wet or dry spent fuel loading and unloading facilities.

(j)- Casks must designed to-permit the use of a tamper-safing seal.

(k) Casks must b'e designed to facilitate decontamination to the' extent practicable.

_( 1 ) Casks must be inspected to ascertain that there are no cracks, pinholes, uncontrolled voids, or other defects that could significantly reduce their confinement effectiveness.

(m) Casks must be conspicuously and durably marked with (1) a model number, (2) a unique identification number, (3) an empty weight, and (4) the number assigned by NRC in the Certificate of Compliance.

(o) Casks and systems important to safety must be evaluated, by sub-jecting 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 confinement of radiation under normal, off-normal, and accident conditions.

S 72.509 Issuance of an NRC Certificate of Compliance.

Following review and evaluation of information in the application, the NRC may approve the use of a cask for storage of spent fuel and issue a certificate of compliance.

02/17/88 26 Enclosure 1

. .e . *

, [7590-01]

[ - r CONFORMING AMENDMENTS PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEDURES-1 -

6. The authority section of Part 2 will continue to' read as follows:

Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C.

2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C.

l 2241); sec. 201, 88 Stat. 1242,.as amended (42 U.S.C. 4841); 5 U.S.C. 552.

Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104,'105, Stat. 930, 932, 933, 935, 936, 937, 938,- as amended (42 U.S.C 2073, 2092, 2093, 2111,'2133, 2134, 2135); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec 301, 88 Stat. 1248 (42 U.S.C. 5871).

Sections 2.102, 2.103, 2.104, 2.'104, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also is issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections'  !

2.200-2.206 also issued under secs. 186, 234, 68 Stat. 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1248 (42 U.S.C.

5846). Sect' ions 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 as amended (42 U.S.C. 4332). Sections 2,700a, 2.719 also '

issued under 5 U.S.C. 554. Sections 2.754, 7.760, 2.770 also issued under 5 U.S.C. 557. Section 3.790 also issued under sec. 103, 68 Stat.

936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L.85-256, 71 Stat. 579, as amended l (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 l i

02/17/88 27 Enclosure 1 l

l i

.I

[7590-01]

(42 U.S.C.'2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C.

10154). . Appendix'A also issued'under sec. 6 Pub. L.91-580, 84 Stat.

'l, 1473 (42 U.S.C. 2135). Appendix B also issued under sec. 10, Pub. L.

I

.99-240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.).

7. Sec. 2.764(c) is revised to read as follows:

6 2.764 Immediate effectiveness of initial decision directing issu-

)

i ance or amendment of construction permit or operating license. '

  • * *
  • a 1 (c) An initial decision directing the issuance of an initial license for the construction and operation of an independent spent fuel storage installation (ISFSI) under 10 CFR Part 72 of this chapter, except' when the ISFSI is located on the site of a civilian nuclear power reactor and is licensed under S 72.6(b)(2), shall not become effective until 1

review by the Commission has been completed. The Director of Nuclear Materials Safety and Safeguards shall.not issue an initial license for the construction and operation of an independent spent fuel storage installation under 10 CFR Part 72 of this chapter, except when the ISFSI '!

is located on the site of a civilian nuclear power reactor and is licensed

^

under S 72.6(b)(2), until expressly ordered to do so by the Commission.

  • a a
  • l L

PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC -

LICENSING AND RELATED REGULATORY FUNCTIONS i

i

)

8. The authority section of Part 51 continues to read as follows:

)!

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);  !

secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. l l

l 5841, 5842).

]

02/17/88 28 Enclosure 1  !

1 L, __  ;

gm . ,

fy , x .v

.[7590-01]- ,

,q7f; Lo y

li

< 4 Subpart'Aalsoissuedundeh[NationalEnvironmental[PolicyAct'of; 1969j sec. 102, 104, 105, 83. Stat. 853-854,Las amended (42 U.S.C. 4332,

.4334, 4335);'and! Pub. L.95-604, Title ~11,.92 Stat.-3033-3041.~ . Section:

1.:

51.22'also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat.:

p '3036-3038_(42 U.S.C. 2021).

9. - Sec. 51.22 is amended to read as follows:

S 51.22 Criteria'for and identification of' licensing and regulatory' i

acti.ons eligible.for: categorical exclusion.

~* * * *

(c)

(14)(Issuance, amendment,orrenewalofmaterialslicensesissued .

pursuant to.10 CFR Parts 30, 31, 32, 33, 34, 35, 40, 70, or 72 authoriz-ing the' following types of activities:

'- '(xvii) Issuance of a general license under S 72.6(b)(2).

-A *

10. Revisions to 10 CFR Parts 73 and 75 as required.

3, I

PART 170 - FEES FOR FACILITIES AND MATERIALS LICENSES AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

11. The authority citation of Part 170 continues to read as follows:

Authority: 31 U.S.C. 9701, 96 Stat. 1051; sec. 301, Pub. L.92-314, 86 Stat. 222 (42 U.S.C. 2201w); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

02/17/88 29 Enclosure 1

La -

[7590-01]

1 12. Sec.'170.2'is amended to read as follows:

'6 170.2 Scope.

  • a a n ..

(e) ' An applicant for or the holder of a' specific lice ~nse, to;

, possess power reactor spent fuel and other radioactive materials asso-ciated with spent fuel storage in an independent spent fuel storage-installation, including a general license under S 72.6(b)(2), issued.

[ pursuant-te] under Part 72 of this chapter.

  • a

..s, m .* *

(o) Applying for or is the holder of a certificate of compliance for a cask in which to store spent nuclear fuel.

13. Sec.170.31 is revised to read as follows:

S 170.31 Schedule of fees for materials licenses and other regulatory L services.

[Do we need to revise this.section?].

  • i l

s 02/17/88 30 Enclosure 1

F I

]

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

1. STATEMENT OF THE PRORLEM t.

It is anticipated that electrical utilities which util_ize nuclear reactors for power will have a major need for additional storage of spent fuel in dry storage casks, starting in the 1990s -to supplement the reactor's water basin l storage. The Nuclear Waste Policy Act of 1982 (NWPA) recognizes the need for additional spent fuel storage capacity at civilian nuclear power reactor sites.

In section 218(A), the NWPA states that the Secretary fof DOE 1 shall establish a demonstration pronram, in cooperation with the private sector, for the dry storaga of spent fuel at civilian nuclear power reactor sites, with the objective of establishing one or nora technologies that tha Commission may, by rule, approve for use at the sites of civilian nuclaar power _ reactors without, to the maximum axtent practicable, the need for additional site-specific approvals by the Commission. In section 133, the NWPA states that the Commission shall, by rule, establish procedures for the licensino of any technology approved by the Commission under section 218(a). The Commission recognizes this need.by including the development of the basis for rulemaking that would enable use of dry spent fuel storage in casks without, to the extant practicable, site-specific license reviews in their planning guidance (NUREG-0885, Issue 6, September 1987). Currently the regulations in Part 72 do A

not permit licensing spent fuel storage without extensive site reviews.

proposed rule, published in the Federal Register (51 FR 19105) on May 77, 1987, was issued mainly to accommodate long-term stnrage of spant fuel and hiqh-level radioactive waste in a monitored retrievable storage facility and did not consider the directives in sections 133 and 218(a). This rulemaking would '

eccomplish these directives by providing for issuance of a ganeral license to the holders of nuclear power reactor licenses for the storage of spent fuel, generated at the site, and stored at the site in casks certified by the NRC.

i 1 Enclosure 2

F g

s

'4. CONSE0VENCES 4.1 Benefits i

The proposed action will bring NRC regulations into compliance with Federal law (NWpA) with no adverse affect on the public health and safety, end i minimal impact on nuclear power plants and the NRC. Industry and NRC savings are discussed later. in sections 4.1.2.1 and 4.1.2.3.

The proposed rule would ensure protection of public health and safety through the use of the Commission's inspection and enforcement authority. NRC l inspectors would inspect the onsite ISFSI and verify that conditions important

.to safety meet the requirements of Part 72. NMSS will evaluate design and fabrication procedures for storaga casks, as submitted in a safety analysis report by cask vendors, and certify that they are safe for storaga of. spent fuel. The staff will issue a certificate of compliance for thase casks aftar verification of the cask design and the applicant's cuality assurance progran (0A). The criterie for obtaining a Certificate of Compliance are set forth in proposed subpart K. In general terms, certification can only be obtained after No,C is assured that the design is adequate for storana of the type of spent fuel specified and a QA program that is acceptable to the NRC will'ba applied to the cask design, fabrication, and testing. -Except for formal subnittal of

a. license application this is the'same procedure that is currently used to license spent fuel, storage. Rulemaking procedures ensure that the public will be involved in the development of any final rule that may ba promulgated.

1 4.2 Impacts 4.2.1 NRC o NMSS. Approximately one staff-year (2087 hours0.0242 days <br />0.58 hours <br />0.00345 weeks <br />7.941035e-4 months <br />) of effort is currently required for reviews and evaluations related to issuance of an ISFSI license. It is estimated that 2 licensa applications per year, for a period of 10 years starting in about 1990, will be submitted for dry storage of spent fuel on civilian nuclear power reactor sites. The total burden on NMSS for issuance of these 20 licenses would be 41,740 staff-hours if tha current requirements in Part 72 apply. The proposed rule would eliminate the necessity 3 Enclosure ?

4

.__._m_ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ _ _ _ _ _

-4

=

for these. licenses reviews by NMSS. The staff did not analyze resource requirements beyond the. year 2000.. However, if a significant number of. reactor licensees. seek and obtain license extension amendments (beyond the current limit of 40 years), the need for additional dry storage capacity would rise significantly. Thus, the requirement for this type of resource would increase.

The proposed rule would require that casks used for storage of spent fuel be certified by the NRC. Subpart K of the proposed rule sets forth criteria for obtaining cask certification. The major burden for reviews, evaluations, initial inspections, and issuance of certificates of compliance is assumed to be assigned to NMSS personnel. It is estimated that the HMSS staff resources required for each cask certification would be about one staff year (2087 staff-hours). Based on current submittals and information, the staff anticipates that there may be 10 or more applications for spent fuel storage cask certifications. For purposes of this analysis it is assumed that there will be 10 submittals. Thus, it would require about 20,870 staff-hours for reviews and evaluations related to storage cask certifications. Time and travel expenses would be incurred by NMSS related to initial inspection of cask fabrication and application of the quality assurance (QA) program, which would probably include some foreign travel. It is anticipated that 3 trips'of about 5 working days duration and direct expenses averaging about $2,000 dollars per.

trip would be required for each cask certification. The estimated 120 staff-hours directly related to cask inspections is considered to be within the one staff year resource requirement previously estimated. The direct expenses l related to travel, about $60,000 total for the estimated 10 cask certifications, is considered to be additional expense. Some NMSS resources would be required for inspections related to the onsite ISFSI under this proposed rule, but they are small and are not considered separately in this analysis.

Cask designs currently approved by NRC for referencing in license proceedings, those designs that are currently being reviewed and will be approved for referencing in the near future, and those designs currently certified for transportation of spent fuel would be eligible to be certified for storage.

Assuming that the cask vendor submits an application for certification, the procedure for certification would be simpler. A great deal of the certification procedure would have been previously completed. The staff l' estimates that about 1100 staff-hours would be needed for each type of 4 Enclosure 2 l

~

. . cask certification. Based on the above data, it is conservatively estimated

< 'that 12 casks ~would be reviewed under this procedure and would require about 13,200 staf f-hours. Direct travel expense for certification of each of these casks is estimated to be.about $6,000 per cask approval (the same as above). .

Thus, a total of approximately 34,000 staff-hours and $132,000 in direct travel expenses woulo o cequired for all NMSS activities related to cask certifications.

o NRR. The anticipated involvement of NRR personnel under the proposed i

rule would be significantly different from their current involvement. Reactor project managers and NMSS personnel currently coordinate to ensure that ISFSI operations and reactor operations are compatible. Currently NRR resource requirements are small. Under the proposed rule it is anticipated that NRR personnel would be more directly involved. Some inspection activities related to compliance of the ISFSI with the requirements of Part 72 would be required.

This would be particularly important during the construction and startup phases of the ISFSI. It is anticipated that inspection activities related to the routine operation of an onsite ISFSI would be handled by a resident inspector or other regional offices personnel, which is discussed later. NRR staff resources related to an onsite ISFSI are estimated to be about 400 st'aff-hours (or about 0.2 staff years), including coordination with regions and NMSS ,

personnel and onsite inspections. The bulk of the time would be for reviews and evaluations related to ensuring that the ISFSI will be compatible with operations of the reactor (s) and meets tne requirements of Part 72. It is estimated that 2 inspection trips would be required to each onsite ISFSI during l-construction and startup. Each trip would take about 3 days and actual costs are estimated to be about $1,000. Thus, the total NRR resources related to construction and startup of all ISFSI is estimated to be about 900 staf f-hours (about 0.4 staff-years) and $4,000 per year for the 10 year period. Once routine operations are established it is believed that NRR resources related to  !

the ISFSI can be accomplished within the normal scope of work, because most of  !

i the routine inspection activities will be done by resident reactor inspectors. l o Regional Offices. Each operating reactor has at least one resident inspector. In addition, each regional office has a staff of field inspectors.

It is anticipated that inspection activities related to routine operations of 5 Enclosure 2 L _

l.

an onsite ISFSI, including review of changes made to oparation plans and programs (e.g., emargency plan, training program, decommissioning plan) would be performed by regional personnel. It is anticipated that about 4ne staf'-hours (about 0.9 staff-yearsi per year would be required for these inspections. Soma effort would be needed during construction and startup n' an i onsite ISFSI. This effort is estimated to amount to only about 80 staff-hours per year, including coordination efforts with NRR oorsonnel, and is not corsidered separately. No attempt is made to pradict the distribution of these resource requirements for each region.

In addition it is anticipated that regional personnel would be responsible for inspections related to routine cask fabrication and QA application inspections. It is estimated that about 30,000 metric tons (tonnes) of uranium in spent fuel will be removed from reactors over the 10 years analyzed. It is further assumed that the equivalent of about 15,000 tonnes will be stored in casks and that about 10 tonnes of uranium can be stored in a cask. Thus, about 1500 casks will be required. About 10% of the casks fabricated would be l inspected over the 10-year period or about 15 casks per year. It is estima+ed I the average inspection trip would require about 40 staff-hours and cost about

$?,000. Some of these trips would require foreign travel. Thus, about 600 staff-hours and $30,000 in travel expenses would be required per year for routine inspection of storage cask fabrication.

o Trainina. Resources would also be needed to train NRR and Regional Offices personnel. .It is.astimated that it will take about 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> to train e person to perforn reviews, evaluations, and inspections related to spent fuel storage in casks at an onsite ISFSI and cask fabrication. A cadre of 10 persons fran the Regional Offices (2 from each region) and ? from NRR would probably ba sufficient for an initial compliment. It is estimated that the training could be accomplished using NRC training facilities. The training sessions could be conducted by NMSS personnel. It is estimated that a total of 1

l 800 staff-hours for the regions, 160 staff-hours for NRR, and 240 staff-hours for NMSS would be required. In addition the regions would incur an estimated

$15,000 in expenses for travel to headquarters, o Total NRC Resource Requirements. If each anticipated ISFSI were to be licensed under existing regulations the major resources would be the s

l 6 Enclosure 2 (

l L - _ .- -- ____ ____ __ _ _ _ __

e estimatad 41,740 NMSS staff-hours required for reviews and evaluations related to issuinn'ISFSI licenses. The related NRR and Repional Offices resources required for existing license procedures would not ha zero, but would be relatively small. So the nat adjustabla costs would primarily be the difference between the 41,740 staff-hours for licensing and the 34,00 staff-hours estimated to be necessary for cask certifications. This would ba about 7740 staff-hours (about 4 staff-years). This should be considerad over the 10-year period analyzed or less than i staff-vears par year. This should be reduced by about I staff-year per year, which is the estimated increased NRR and Regional Offices resource requirements. Direct travel expenses cculd be increased by as much as $180,000, or about $18,000 per year. This leads to the conclusion that NRC resources would be about the same as, or very slightly increased over, current ISFSI related resources. In addition tharp would be an indeterminate, but significant, reduction in administrative costs. In any case, it is intended that 10 CFR Part 170 would be amended to ensure that PPC costs related to cask certification and an onsite ISFSI are recovered by a fee or fees charged for these services. [ Discussion of Safeguards will be addad.1 4.2.2 Other Government Agancies.

l i

f No other governmant agency is licensed to operate a nuclear powar reactor, so no other oovernment agency would be impacted by tha proposed rule.

4.2.3 Industry.

It is currently estimated that the annual reporting or disclosure burden per ISFSI licenser is 1,309 hours0.00358 days <br />0.0858 hours <br />5.109127e-4 weeks <br />1.175745e-4 months <br />. The propnsed rule would elininete this annual burden for an ISFSI on the site of a civilian nuclear power reactor. 2 The reactor licensee would still have to comply with reporting requirements under the reactor operating license. Costs related to printing and distribution of currently required documents (e.g. Safety Analysis Report, Environmental Report) would also be eliminated. However, evaluations l

concerning the safety of the ISFSI, and changes to plans and programs (e.g.

emergency plan, decommissioning plan, physical security erd safeguards plan, l training program, quality assurance program) would still have to be conducted. l Records related to thase activities would have to maintained.by the licensee i

7 Enclosure 2

V <

and would be subject to inspection by NRC. This rulemaking would not add any naw requirements to power reactnr operations. The proposed rule would not alter any reactor operating requirenants under Part 50. The proposed rule would not alter any requiremn ts under Part 72, except the submittal of a licansa application. The proposed rule wnuld simplify the procedures under which a civilian nuclear power reactor licansaa can store spent nuclear fur'.

A draft regulatory guide antitled, " Standard Fornat and Content for a Safety

' Analysis Report for Onsite Storage of Spant Fuel Storage Casks," was issuad for public comment in April 1986 under task number CE-3n1.A. This guide and the public comments received on it were considered-in the development of this proposed rule. [ Discussion of Safeguards will be added.1 4.2.4 Cask Vendors.

No incremental cost impact is expected on cask vandnrs as a result of this action. The demand for spent fuel storage casks will be about the same whether or not this proposed rule'is promulgated. The criteria for certification of spent fuel storage casks, as set forth in subpart K, ara not significantly different from the design, construction, and quality assurance criteria that are currently used. A draft regulatory guide entitled, " Standard Format and Contant for a Topical Safety Analysis Report fnr a Dry Spent Fuel Storage Cask," was issued for public comment in April 1986 undar task number CE-306-4 The guide and tha public comments received on it were considared in development nf subpart K. Casks.that have been certified under 10 CFR Part 71, "Packaning and Transportation of Radioactive Material," could be certified for spent fual storage using tha criteria in proposed subpart K. Cask vendors have submitted 6 topical reports to NMSS for approval to use their casks for spant fuel storage. NMSS has apnroved 2 topical reports for referencing in licensinq procedures. Thus, it is anticipated that cask vendors are feniliar with the requirements that are set forth in the proposad rule and would be able to meet these safety requirements without significant incremental cort inpact.

4.2.4 Public.

No incremental cost impact is expected on the public. As shown ir the preceding cost analyses, no significant increase in the cost of doing businass 8 Enclosure 2  ;

o

a. e p

e is' expected.as a result of this action. It is anticipated that costs to civilian. nuclear power reactor licensees will be reduced because their' reporting requirements will be reduced. NRC resources are anticipated to remain about the sane or be reduced slightly. However, these incremental cost fl . reductions would be insignificant compared to the overall reactor licensing an d operating costs, so no significant savings to the public is anticipated.

.4.3 Impacts on other Requirements.

On Tuesday, May 27, 1986, a proposed rule amending Part 72 was published in the Fedaral Register (51 FR 19106). It primarily concerned licensing the storage of spent fuel and hig hl - evel radioactive waste in a monitored retrievable storage facility, which would be' constructed and operated by the Department of Energy if Congress approves. It did not contain. requirements for licensing mandated by sections 218(a) and 133 of the NWPA.

4.4 Constraints.

No' legal, institutional, or policy constraints are anticipated. .

5. DECISION RATIONALE.

o An assessment of the benefits erd-impacts of the alternatives leads to the conclusion that the requireronts of the propnsed rule are commensurate with tha Commissinn's responsibilities for public health and safety and the common defense and security. No othar available alternatives are believed to be  ;

satisfactory, thus, this action is recommended.

6. IMPLEMENTATION.

This proposed rule will be published in the Federal Register allowing 45 days for public comment. Since rulemaking is mandated by the NWPA and the incremental impacts of this rule are minor, no implementation problems are anticipated.

i 9 Enclosure 2

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