ML20248E184
| ML20248E184 | |
| Person / Time | |
|---|---|
| Issue date: | 09/25/1989 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-54FR39765, RULE-PR-51 PR-890925-01, NUDOCS 8910050093 | |
| Download: ML20248E184 (12) | |
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NUCLEAR REGULATORY C0 MIS $10N 10 CFR Part 51 RIN: 3150-AD26 Consideration of Environmental Impacts of Temporary Storage of Spent Fuel After Cessation of Reactor Operation AGENCY: Nuclear Regulatory Comission.
ACTION: Proposed Rule.
SUMARY: The Nuclear Regulatory Comission is proposing to revise its generic determinations on the timing of availability of a geologic repository for comercia1 high*-level radioactive waste and spent fuel and the
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environmental inipacts of storage of spent fuel at reactor sites after the expiration of reactor operating licenses. These proposed revisions reflect proposed findings of the Comission reached in a five-year update and supplement to its 1984 " Waste Confidence" rulemaking proceeding, which are published elsewhere in this issue of the Federal Register. The Comission now finds that spent fuel generated in any reactor can be' stored safely and without significant environmental impacts in reactor facility storage pools or independent spent fuel storage installations located at reactor or away-fror.-reactor sites for at least 30 years beyond the licensed life for operation (which may include the term of a revised license). Further, the Comission believes there is reasonable assurance that at least one mined P d In M h tbc 93g
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j t geologic repository will be available within the first quarter of the twenty-first century, and sufficient' repository capacity will be available within 30 years beyond the licensed life for operation of any reactor to dispose of the comercial high-level waste and spent fuel originating in such reactors and generated up to that time.
DATE: Coment period expires [9oy],1989. Comnents-received after this date will be considered if it is practical tc do so, but assurance of consideration cannot be given except to comments received on or before this date.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory comission, Washington, D.C. 20555, Attention: Docketing and Service Branch.
Deliver coments to One White Flint North,11555 Reckv111e Pike, Rockville, Maryland 20852, between 7:30 am and 4:15 p.m. weekdays.
FOR FURTHER INFORMATION CONTACT: Robert MacDougall, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone: (301)492-3401.
SUPPLEMENTARY INFORMATION:
Bac'kground In 1984, the Comission concluded a generic rulemaking proceeding to reassess,its degree of confidence that radioactive wastes produced by nuclear a
" facilities will be safely disposed of, to detemine when any such disposal would be available, and whether such, wastes can be safely stored until they are safely disposed of. This proceeding was known as the Waste Confidence" proceeding. The Comission found that there was reasonable assurance that one or more mined geologic repositories for connercial high-level radioactive waste and spent fuel will be available by 2007-2009. However, some reactor operating licenses might expire without being renewed or some reactors might be permanently shut down prior to this period. Since independent spent fuel storage installations had not yet been extensively developed, there was a probability that some onsite spent fuel storage after license expiration might be necessary or appropriate.
In addition, the possibility existed that spent fuel might be stored in existing or new storage facilities for some period beyond 2007-2009. The Comission also found that the licensed storage of spent fuel for at least 30 years beyond the reactor operating license expiration either at or away from the reactor site was feasible, safe, and 1
would not result in a significant impact on the environment.
i Consequently, the Comission adopted a rule, codified in 10 CFR 51.23, providing that the environmental impacts of at-reactor storage after the termination of reactor operating licenses need not be considered in Comission proceedings related to issuance or amendnent of a reactor operating license.
The same safety and environmental considerations applied to fuel storage inrta11ations licensed under Part 72 as for storage in reactor basins.
Accordingly, the rule also provided that the environmental impacts of spent fuel storage at independent spent fuel storage installations for the period
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following expiration of the installation storage license or amendment need not be considered in proceedings related to issuance or amendment of a storage installation license.
Amenoment to Part 51 At the time of issuance of its Waste Confidence decision and the adoption of 10 CFR i 51.23, the Commission also announced that while it believed that it could, with reasonable assurance, reach favorable conclusions of confidence, it also recognized that significant unexpected events might affect its decision. Consequently, the Commission stated that it would " review its conclusions on waste confidence should significant and pertinent unexpected 1
1 events occur, or at least every 5 years until a repository for high-level radioactive waste and spent fuel is available."
The Commission has now undertaken a five-year review of its earlier findings. A description of this 1
review and a proposed supplenent and update to the earlier findings is announced elsewhere in this issue. As a result of this review, the Commission is proposing to modify two of its earlier findings. As originally promulgated I
in 1984, the Commission found reasonable assurance that:
One or more mined geologic repositories for commercial high-level radioactive waste and spent fuel will be available by the years 2007-2009, and sufficient repository capacity will be available within 30 l
years beyond expiration of any reactor operating license to dispose of 1
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l existing cornercial high-level radioactive waste and spent fuel l
6 originating in such reactor and, generated up to that time; and If necessary, spent fuel generated in any reactor can be stored safely and without significant environmental impacts for at least 30 years I
beyond the expiration of that reactor's operating license at that reactor's spent fuel storage basin, or at either onsite or offsite
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independent spent fuel storage installations.
i Under the proposed revisions published today, the Comissiun intends to modify these findings as follows:
The Comission finds reasonable assurance that at least one mined geologic repository will be available within the first quarter of the
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twenty-first century, and sufficient repository capacity will be
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available within 30 years beyond the licensed life for nperation of any reactor to dispose of the comercial high-level waste and spent fuel originating in such reactor and generated up to that time; and The Comission finds reasonable assurance that, if necessary, r. pent fuel generated in any reactor can be stored safely and without significant l
environmental impacts for at least 30 years beyond the licensed life for i
operation (which may include the term of a revised license) of that reactor at its spent fuel storage basin, or at either onsite or offsite i
independent spent fuel storage installations.
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<i The proposed revision on the timing of repository availability is premised on the following factors:
the potential for delays in DOE's program; the mandate of the Nuclear Waste Policy Act Amendments of 1987 to characterize only the Yucca Mountain site which reans that if that site is found j
unsuitable, characterization will have to begin at another site or suite of j
sites with consequent delay in repository availability; the regulatory need to avoid premature commitment to the Yucca Mountain site; and the questionable value of making predictions about completion of a project as complex and unique as the repository in terms of years when decades would be more i
realistic. But even with this change the Commission has concluded that 1
it has reasonable assurance that on such a schedule for repository availability, sufficient repository capacity will be available within 30 years beyond the licensed life for operation of reactors. Adequate regulatory authority is available to require any measures necessary to assure safe storage of the spent fuel until a repository is available.
In addition, the Commission has concluded that even if storage of spent fuel were necessary for at least 30 years beyond the licensed life of reactors, which in the case of a reactor whose operating license is a
renewed for 30 years would mean for a period of et least 100 years, such storage is feasible, safe and would not result in a significant impact on the environment.
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. a The Commission's conclusions with respect to safety anc environmental impacts of extended storage are supported by NRC's Environmental Assessment for the 10 CFR Part 72 rulemaking " Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste" (53 FR 31651, August 19,1988). Ongoing licensing and operational experience as well as studies of extended pool storage continue to demonstrate that such storage is a benign environment for spent fuel which does net lead to significant degradation of spent fuel integrity. Significant advances in the processes of dry storage of spent fuel continue to demonstrate that dry storage systems are simple, passive and easily maintained. NRC staff safety reviews of topical reports on dry storage system designs and dry storage installations at two reactor sites, as well as the EA for Part 72, support the finding that storage of spent fuel in such installations for a period of 70 years does not sigr.ificantly impact the environment. No sign 1ficant additional non-radio-logical consequences which could adversely affect the environment for extended storage at reactors and independent spent fuel storage installations have been identified.
In sum, the long-term material and systeni degradation effects are well understood and known to be minor, the ability to maintain a spent fuel storage system is assured, and the Commission maintains regulatory authority over any spent fuel storage installation.
TheproposedamendmenttoPart51consistsofarevisiontoparagraph(a) of'10 CFR 51.23 to restate the revised generic Commission determination based on the supplemental Waste Confidence proceeding.
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!. - t ENVIR0tiMENTAL IMPACT This proposed rule amends 10 CFR Part 51 of the Commission's regulations to modify the generic determination currently codified in Part 51 which was made by the Commission in the Waste Confidence rulemaking proceeding. That generic determination was that for at least 30 years beyond the expiration of a reactor's operating license no significant environmental impacts will result from the storage of spent fuel in reactor facility storage pool or independent-spent fuel storage installations located at reactor or away-from-reactor sites. The. proposed modification provides that, if necessary, spent fuel generated in a reactor can be stored safely and without significant environmental impacts for at least 30 year.s beyond the licensed life for operation of any reactor. The licensed life for operation of'a reactor rey include the term of a revised license. The environmental analysis on which the revised generic determination is based can be found in the proposed revision and supplement to the Waste Confidence findings published elsewhere j
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I in this issue. This proposed rulemaking action formally incorporating the j
revised generic determination in the Commission's regulations has no separate independent environmental impact. The proposed supplemental assessment and revisions to the Waste Confidence findings are available for inspection at the NRC Public Document Room, 2120 L Street, Lower Level NW., Washington D.C.
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- i PAPERWORK REDUCTION ACT STATEMENT l
This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980-(44 U.S.C. 3501 e_t seq.). Existing requirements were approved by the Office l
Nanagement and Budget approval number 3150-0021.
l Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605 (b),
the Comission certifies that this rule, if adopted, will not have a significant economic impact on a substantial number of small entities. The-proposed rule would describe a revised basis for continuing in effect the current provisions of 10 CFR 51.23(b) which provides that no discussion of-any environmental impact of spent fuel storage in reactor facility storage poolsorindependentspentfuelstorageinstallations(ISFSI)fortheperiod following the term of the reactor operating license or amendment or initial ISFSI license or amendment for which application is made is required in any environmental report, environmental impact statement, environmental assessment or other analysis prepared in connection with certain actions. This rule l
affects only the licensing and operation of nuclear power plants. Entities seeking or holding Commission licenses for such facilities do not fall within the' scope of the definition of small businesses found in section 34 of the Small Business Act,15 U.S.C. 632, in the Small Business Sire Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121, or in the NRC's size standards published December 9,1985(50FR50241).
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BACKFIT ANALYSIS This proposed rule does not modify or add to systems, structures, components or design of a facility; the design approval or manufacturing license for a facility; or the procedures or organization required to design, construct or operate a facility. Accordingly, no backfit analysis pursuant to 10 CFR 50.109(c) is required for this proposed rule.
LIST OF SUBJECTS IN 10 CFR PART 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, nuclear power plants and reactors, Reporting and recordkeeping requirements.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 51.
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS 1.
The authority citation for 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. 5841, 5842).
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Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104,105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041. Sections 51.20, J
bl.30, 51.60, 51.61, 51.80, and 51.97 also issued under secs. 135, 141, Pub.
L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat.
1330-235 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021).
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9 51.23, paragraph (a) is revised to read as follows:
I 6 51.23 Temporary storage of spent fuel after cessation of reactor l
operation--generic determination of no sigreificant environmental impact.
(a) The Comission has made a generic determination that, if necessary, spent fuel generated in any reactor can be stored safely and without significant environmental impacts for at least 30 years beyond the licensed life for operation (which may belude the term of a revised license) of that 4
reactor at its spent fuel storage basin or at either onsite or offsite independent spent fuel storage installations. Further, the Commission believes there is reasonable assurance that at least one mined geologic l
repository will be available within the first quarter of the twenty-first century, and sufficient repository capacity will be available within 30 years bey'ond the licensed life for operation of any reactor to dispose of the
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' comercial high-level waste and spent fuel originating in such reactor and generated up to that tim.
Dated at Rockville, Maryland, this Of0 day of September,1989 For the Nuclear Regulatory Comission.
- John C. ' Hoyle Assistant Secretary of the Comission 9
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