ML20248L389
| ML20248L389 | |
| Person / Time | |
|---|---|
| Issue date: | 03/06/1998 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-63FR12040, RULE-PRM-72-4 NUDOCS 9803200102 | |
| Download: ML20248L389 (8) | |
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DOCKETED l
USWC [7590-01-P]
l NUCLEAR REGULATORY COMMISSgN MAR -6 P3 :20 1
[ Docket No. PRM-72-4) p,h Prairie Island Coalition; Receipt of Petition for Rulemaking DOCKET NUMBER PETITION RULE PRM 7sl-M AGENCY: Nuclear Regulatory Commission.
b3M Mod ACTION: Petition for rulemaking; Notice of receipt.
SUMMARY
- The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking filed by the Prairie Island Coalition. The petition has been docketed by the Commission and has been assigned Docket No.
PRM-72-4. The petitioner requests that NRC undertake rulemaking to examine certain issues addressed in the petition relating to the potential for thermal shock and corrosion in dry cask storage. The petitioner requests that the NRC amend its regulations that l
govem independent storage of spent nuclear fuel in dry storage casks to define the parameters of acceptable degradation of spent fuelin dry cask storage. The petitioner also requests an amendment to the regulations to define the parameters of retrievability g
l of spent nuclear fuel in dry cask storage and to require licensees to demonstrate safe cask unloading ability before a cask may be used at an Independent Spent Fuel j q '7Q Je
/_>o}$ch voOO Storage Installation (ISFSI).
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2 fnuf 9G,I998 DATE: Submit comments by (75 dayo ivuvamu pubucetbn in the reJe.o; Reuisief).
Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Rulemakings and Adjudications staff.
Deliver comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 am and 4:15 pm on Federal workdays.
For a copy of the petition, write: David L. Meyer, Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
You may also provide comments via the NRC's interactive rulemaking website through the NRC home page (http://www.nrc. gov). This site provides the availability to upload comments as files (any format), if your web browser supports that function. For information about the interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5905 (e-mail: CAG@nrc. gov).
FOR FURTHER INFORMATION CONTACT: David L. Meyer, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: 301-415-7163 or Toll Free: 1-800-368-5642 or E-mail: DLM1@NRC. GOV.
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SUPPLEMENTARY INFORMATION:
Background
The Nuclear Regulatory Commission received a petition for rulemaking j
submitted by George Crocker on behalf of the Prairie Island Coalition (PIC) in the form
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of a letter and an attached document addressed to L. Joseph Callan, Executive Director l
for Operations, NRC, dated August 26,1997. Most of the issues presented in Mr.
l Crocker's' letter and the attached document pertain to a petition filed under 10 CFR 2.206 regarding dry storage cask regulations that has been reviewed by the NRC Office of Nuclear Reactor Regulation (NRR). See 62 FR 53031. The resolution of these issues is presented in a decision published by the Director, NRR (DD-98-02; 2/11/98).
This notice pertains to paragraphs 13,14, and 15 on page 3 of the document attached to the August 26,1997, letter from PIC. These paragraphs contain a request for rulemaking under 5 U.S.C. 553(e) of the Administrative Procedore Act (APA).
The NRC has determined that the issues presented in paragraphs 13,14, and 15 of the PIC document constitute a petition for rulemaking under 10 CFR 2.802.
Paragraph 13 requests NRC to solicit and review information regarding thermal shock and corrosion inherent in dry cask storage and usage and to define the parameters of degradation of spent nuclear fuel in dry cask storage acceptable under 10 CFR 72.122(h). Paragraph 14 requests NRC to define the parameters of retrievability required under 10 CFR 72.122(l). Paragraph 15 requests NRC to require
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demonstration of a safe cask unloading ability before a cask may be used at an ISFSI.
l These requests do meet the sufficiency requirements for a petition for rulemaking under i
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4 10 CFR 2.802. The petition, consisting of paragraphs 13,14, and 15, has been docketed as PRM-72-4.
As set forth in the petition, the petitioner is the Prairie Island Coalition (PIC), a consortium of environmental, business, citizen, and religious groups, and tribal and urban Indian organizations. PIC is involved in locating and disseminating information regarding dry cask storage of spent nuclear fuel, and opposes Northern States Power Company's (NSP) plans to construct and operate an ISFSI at the Prairie Island Nuclear Generating Station (PI). PIC has participated in various Minnesota and NRC proceedings that pertain to operational and waste issues at the Prairie Island facility.
The NRC is soliciting public comment on the petition for rulemaking submitted by the Prairie Island Coalition that requests the changes to the regulations in 10 CFR Part 72 discussed below.
Discussion of the Petition The petitioner notes that the regulations in 10 CFR Part 72 establish requirements and criteria for spent fuel dry cask storage and usage. The petitioner has requested a rulemaking proceeding to examine issues regarding degradation, retrieval, and unloading of spent nuclear fuelin dry storage casks.
Degradation of Soent Nuclear Fuel The petitioner requests an amendment of the regulations in 10 CFR Part 72 to define the parameters of spent fuel degradation that are acceptable to the NRC under j
10 CFR 72.122(h). Section 72.122(h) provides that spent fuel cladding must be protected during storage against degradation or that the fuel must be configured such L
5 that degradation will not pose an operational safety concern. The petitioner is I
concemed about the potential effect of spent fuel degradation on the ability to safely unload a dry storage cask. The petitioner believes that factors such as thermal shock will cause spent fuel to degrade in the course of unloading and expose onsite personnel and the environment to radioactive emissions. The petitioner states that no procedures have been developed to protect operational safety and to assess worker or offsite radiation exposure in such a situation. The petitioner cites a February 25,1997, letter from Dr. Gail H. Marcus, NRC, to PIC in support of the petition. PIC asserts, based on the letter, that temperature differences between spent fuel and coolant create the potential for thermal shock and spent fuel degradation.
Plc also believes the TN-40 cask is subject to failed welds and to fuel degradation due to cask seal failure as a result of helium gas release. PIC cites as support for the petition a letter dated April 15,1997, from Dr. Susan Frant Shankman, NRC, to Sierra Nuclear, and contends that cladding degradation during storage is unacceptable because it could lead to future fuel handling and retrievability problems.
The petitioner also cites the Safety Analysis Report submitted by NSP for the ISFSI at the PI facility that requires the licensee to replace cask seals to prevent a helium leak and fuel degradation. Copies of the supporting documents referenced above are attached to the petition.
PIC contends that NRC has not adequately addressed the possibility of damage caused by thermal shock when cool water from a storage pool is placed in a cask that I
contains spent nuclear fuel. The petitioner also contends that NRC had not adequately
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addressed degradation of spent nuclear fuel due to the loss of helium from failed seals or due to the passage of time.
I Retrievability of Soent Nuclear Fuel The petitioner also requests an amendment to the regulations in 10 CFR Part 72 l
that govern storage of spent nuclear fuel in dry storage casks to define the parameters t
of retrievability of spent fuel required by the NRC under 10 CFR 72.122(l). Section 72.122(l) provides that spent fuel storage systems must be designed to allow ready retrievability of the spent fuel for future processing or disposal.
PIC is concerned that the NRC has not taken into account the potential problems that may be encountered in unloading a cask to retrieve spent fuel. In support of its claim, PIC cites an April 16,1997, memorandum from Jack Roe, NRC, to Cynthia Pederson, NRC Region Ill, and asserts that this memorandum is evidence that NRC has not taken into account possible problems with retrieval of spent fuel.
The petitioner also cites a study of the TN-24 cask conducted by the Idaho National Engineering Laboratory (INEL) in 1990, which involved opening TN-24 casks that contained cateters of spent fuel assemblies that had been stored for several years. The petitioner contends that the INEL study found the thermal damage so great that some canisters containing spent nuclear fuel could not be retrieved from the cask.
The petitioner believes that the INEL study and the cited NRC memorandum, copies of which are attached to the petition, demonstrate that spent nuclear fuel cannot be reliably retrieved from dry storage casks.
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7 Unloading of Soent Nuclear Fuel Lastly, the petitioner requests an amendment to the regulations to require licensees to demonstrate the ability to unload spent nuclear fuel safely from a dry storage cask before a cask may be used at an ISFSI. The petitioner contends that if a licensee can demonstrate ability to unload spent nuclear fuel safely from a cask in a pool after long-term storage, then the public will have assurance that a spent fuel storage cask can be unloaded.
PIC contends that a cask may need to be unloaded for various reasons. The petitioner notes that Minnesota law in, in the Matter of Soent Fuel Storage Installation, 501 N.W.2d 638 (Minn. Ct. App.1993), requires a licensee to move casks after eight years of temporary storage. The petitioner believes that the 1990 NRC Waste Confidence Decision also contemplates that casks will need to be unloaded before transport to a Federal interim site or repository.
PIC believes that although NRC regulations do not require a licensee to be able to immediately unload a cask, NRC clearly requires a licensee to be able to unload the spent fuel at some point. The petitioner also believes that because in-pool unloading of spent fuel from a dry storage cask that has contained the fuel for a protracted time
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period has not been completed, there is sufficient reason to require a licensee to demonstrate the ability to actually unload a dry storage cask underwater. PIC states l
l that it would be satisfied if a licensee can demonstrate the ability to unload spent I
nuclear fuel from a dry storage cask at some reasonable point in time.
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The Petitioner's Conclusions The petitioner has concluded that NRC regulations in 10 CFR Part 72 that govern independent storage of spent nuclear fuel in dry storage casks must be amended. PIC has concluded that thermal shock and associated degradation of spent nuclear fuel during the unloading of dry storage casks has not been adequately addressed in NRC regulations. The petitioner requests an amendment to the regulations to define the parameters of acceptable degradation of spent nuclear fuel in dry storage under 10 CFR 72.122(h).
The petitioner has also concluded that NRC regulations do not adequat61y address issues related to the retrieval of spent nuclear fuel from dry storage casks. The petitioner requests an amendment to the regulations to define the parameters of retrievability of spent fuel from dry storage casks required under 10 CFR 72.122(l).
i Lastly, the petitioner has concluded that NRC regulations do not adequately i
address issues pertaining to unloading of spent nuclear fuel from dry storage casks.
The petitioner requests an amendment to the regulations to require licensees to demonstrate the ability to unload spent nuclear fuel safely from a dry storage cask before the cask may be used at an ISFSI.
1 Dated at Rockville, Maryland, this(/b~ day of March,1998.
p For the Nuclear Regulatory Commission.
John C. Ho l
Secretary of the Commission.
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