ML20212H405

Informs of Concurrence in Proposed Rulemaking Package to Remove Preoperational Test Rept & 30-day Hold Requirements from 10CFR72.Marked-up Copy of Rulemaking Package Encl

ML20212H405
Person / Time
Issue date:	06/26/1998
From:	Shankman S NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Patricia Holahan NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20212H254	List: ML20212H250 ML20212H260 ML20212H266 ML20212H280 ML20212H298 ML20212H302 ML20212H310 ML20212H337 ML20212H357 ML20212H363 ML20212H367 ML20212H374 ML20212H388 ML20212H392 ML20212H400 ML20212H405 ML20212H420 ML20212H441 ML20212H451 ML20212H462 ML20212H469 ML20212H474 ML20212H501 ML20212H537 ML20212H546 ML20212H562 ML20212H601 ML20212H612 ML20212H623 ML20212H647 ML20212H664 ML20212H683 ML20212H695 ML20212H706 ML20212H725 ML20212H730 ML20212H736 ML20212H742
References
FRN-64FR17510, RULE-PR-72 AG02-2-022, NUDOCS 9910010108
Download: ML20212H405 (28)

Text

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WASHINGTON, D.C. 20eeH001

+9...,,,d June 26, 1998 MEMORANDUM TO:

Patricia K. Holahan, Acting Chief Rulemaking and Guidance Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards

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FROM:

Sus pu Director Lic ng and Inspection Directorate Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards

SUBJECT:

CONCURRENCE IN PROPOSED RULEMAKING PACKAGE TO REMOVE 10 CFR 72.82(e)

The Spent Fuel Project Office, Licensing and Inspection Directorate, has reviewed the proposed rulemaking package to remove the preoperational test report and 30-day hold requirements from 10 CFR 72.82(e) and concurs in forwarding the rulemaking package for Office review and concurrence. Attached is a marked-up copy of the rulemaking package j

containing our comments.

i l

Attachment:

As stated CONTACT:

Philip Brochman, SFPO/SFLI (301)415-8 9 2 1

9910010100 990924 PDR PR 72 64FR17510,,P DR,

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MEMORANDUM TO: Jesse L. Funches Chief Financial Officer Samuel J. Collins, Director Office of Nuclear Reactor Regulation Brenda Jo. Shelton, Chief Information and Records Management Branch Office of the Chief Information Officer Joseph R. Gray, Associate General Counsel for Licensing and Regulation Office of the General Counsel James Lieberman, Director Office of Enforcement David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration FROM:

Frederick C. Combs, Acting Director Division of Industrial and Medical Nuclear Safety, NMSS

SUBJECT:

PROPOSED RULE: ELIMINATION OF REPORTING REQUIREMENT AND 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE INSTALLATIONS Your concurrence is requested on the attached proposed rulemaking package which will l

eliminate the requirement that a report of the preoperational testing of an independent spent l

fuel storage or monitored retrievable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the report or the holding period because the NRC staff is on X

site and evaluates preoperational testing P res! tW.:< This amendment, the removal of A5 14 occ us, CONTACTS: Gordon Gundersen, NMSS,IMNS (301) 415-3781 Pk#p Brock ~~

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1. er, Jer.: Ret -Ld, NMSS, SFPO y

(301) 415-g{

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10 CFR 72.82(e), will eliminate an unnecessary regulatory burden on licensees and implements the SRM to SECY-98-056, which transmitted the rulemaking plan for this proposed rule to the Commission.

The following is a summary of this request:

1. Iille: " Elimination of Reporting Requiremsnt and 30-day Hold in Loading Spent Fuel after Preoperational Testing of Independent Spent Fuel Storage or Monitored Retrievable Storage Installations."

2. Task Leader: G. Gundersen, NMSS/lMNS 415-6195 P. Brock w 9S6

3. Workina Group: 74. Rv.-we,'NMSS/SFPO 415-&i4W" N. Jensen, OGC 415-1637

4. Steerina Grouo: No

5. Enhanced Public Particioation: No

6. Comoatibility for Aareement States: No

7. Reauested Action: Office Concurrence 8, Reauested Comoletion Date: Fourteen days after date of this memorandum. To meet the EDO due date, a meeting will be tentatively scheduled for the week of August 3rd. This meeting will be to discuss and resolve any issues and concerns that are delaying concurrence. Please plan having an official who can concur for your Office available for this meeting.

9. Resources and Coordination: It is anticipated that 0.4 NRC FTEs will be needed to complete this action (0.2 NMSS, and 0.2 all other). These resources are within existing budget allocations. Copies of this concurrence package have been forwarded to ACRS, ACNW, and IG for information.

Attachment:

Memorandum from M. Knapp to L. Joseph Callan w/encls.

cc w/ encl.: H. T. Bell, OlG J. Larkins, ACRS & ACNW H. Miller, Region I/ ORA L. Reyes, Region ll/ ORA C. Paperiello, Region lil/ ORA E. Merschoff, Region IV/ ORA D. Cool M.Knapp

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MEMORANDUM TO CALLAN FROM KNAPP W/ENCLS 1

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g lt UNITED STATES

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NUCLEAR r.dGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 49.....,o MEMORANDUM TO: L. Joseph Callan Executive Director for Operations i

FROM:

Malcom R. Knapp, Acting Director Office of Nuclear Mat 6 rial Safety and Safeguards j

SUBJECT:

PROPOSED RULE: " ELIMINATION OF REPORTING REQUIREMENT AND 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE lNSTALLATIONS," 10 CFR 72.82(e)

Attached for your signature is a proposed rule (Enclosure 1), to be published in the Federal Reaister. that eliminates a reporting requirement and 30-day hold in loading spent fuel after preoperational testing of independent spent fuel storage or monitored retrievable storage installations by removing 10 CFR 72.82(e). Experience has shown that the NRC staff does not need the report or the holding period because/ e NRC staff is on site and evaluates th

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Backaround: The rulemaking plan for this proposed rule was transmitted to the Commission by SECY-98-056 on March 24,1998. On April 27,1998, a Staff Requirement Memorandum was issued directing the NRC staff to implement the rulemaking plan.

1 Notices: The appropriate Congressional committees will be notified (Enclosure 2). A notice to the Commission that the Executive Director for Operations has signed the enclosed Federal Register notice is attached for inclusion in the " Weekly Report to the Commission" (Enclosure 3).

Coordination: The Offices of Administration, Nuclear Reactor Regulation, Enforcement, and i

concur in these amendments. The Office of the General Counsel has no legal objection. The Office of the Chief Financial Officer has no resources-related objection to this rulemaking. The Chief Information Officer concurs that there will be no information technology impacts.

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Enclosures:

1. Federal Register Notice of Proposed Rulemaking and disk

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2. Congressional Letters

3. Weekly Report to the Commission /

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4. Approval for Publication 7' S. Pws Rdc*u

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MEMORANDUM TO: L. Joseph Callan.

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Executive Director for Operations l

FROM:

Malcom R. Knapp, Acting Director Office of Nuclear Material Safety and Safeguards

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SUBJECT:

PROPOSED RULE: " ELIMINATION OF REPORTING REQUIREMENT AND 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF INDt' PENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE INSTALLATIONS," 10 CFR 72.82(e) l Attached for your signature is a proposed rule (Enclosure 1), to be published in the Federal Register, that eliminates a reporting requirement and 30-day hold in loading spent fuel after preoperational testing of independent spent fuel storage or monitored retrievable storage L

installations by removing 10 CFR 72.82(e). Experience has shown that the NRC staff does not j

. need the report or the holding period because the NRC staff is on site and evaluates l-preoperational testing in real time.

Backaround: The rulemaking plan for this proposed rule was transmitted to the Commission by SECY-96-056 on March 24,1998. On April 27,1998, a Staff Requirement Memorandum was issued directing the NRC staff to implement the rulemaking plan.

Notices The appropriate Congressional committees will be notified (Enclosure 2). A notice to the Commission that the Executive Director for Operations has signed the enclosed Federal Register notice is attached for inclusion in the " Weekly Report to the Commission" (Enclosure 3).

Coordination: The Offices of Administration, Nuclear Reactor Regulation, Enforcement, and concur in these amendments. The Office of the General Counsel has no legal objection. The Office of the Chief Financial Officer has no resources-related objection to this rulemaking. The Chief Information Officer concurs that there will be no information technology impacts.

Enclosures:

1. Federal Register Notice of Proposed i

Rulemaking and disk

2. Congressional Letters

3. Weekly Report to the Commission

4. Approval for Publication DISTRIBUTION. (0:\\gunderse\\part72-8\\ pro.edo) 6hoMmaLO MKnapp JPiccone CPoland NMSS Files DACool 8 mel, m PHolahan GGundersen CGallalgher, ADM LBRiani, ADM DMendiola, ADM NMSS:IMNS -

NMSS NMSS:IMNS NMSS:IMNS NMSS:D/IMNS D:NMSS GGundersen EKraus PHolahan JPiccone FCombs MKnapp h

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O ENCLOSURE 1 FEDERAL REGISTER NOTICE OF PROPOSED RULEMAKING

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150t ELIMINATION OF REPORTING REQUIREMENT AND 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE INSTALLATIONS AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC)is amending its regulations to eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retnevable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the report or the holding period because the NRC staff f

is on site and evaluates preoperational testing P res! Sd This amendment will eliminate an 45 d

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• unnecessary regulatory burden on licensees.

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DATES: The comment period expires (75 days after publication). Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.

ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff.

Deliver comments to: 11555 Rockville Pike, Maryland, between 7:30 am and 4:15 pm on Federal workdays.

You may also provide comments via the NRC's interactive rulemaking web site 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 site, contact Ms. Carol Gallagher, (301) 415-6215; e-mail CAG@nrc. gov.

Certain documents related to this rulemaking, including comments received may be

. examined at the NRC Public Document Room,2120 L Street NW (Lower Level), Washington, DC. These same documents also may be viewed and downloaded electronically via the interactive rulemaking website established by NRC for this rulemaking.

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FOR FURTHER INFORMATION CONTACT: Gordon Gunderse r Marv Jane Ross l M Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6195, e-mail gegi@nrc. gov, telephone

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'(301) 415-3781, e-mail M@nrc. gov respectively.

P86 2

SUPPLEMENTARY INFORMATION:

Background

l The regulation proposed for elimination in this rulemaking,10 CFR 72.82(e), requires licensees to submit to the NRC a report of the preoperational test acceptance criteria and test l

results at least 30 days before the receipt of spent fuel or high-level radioactive waste (HLW) for loading into an independent spent fuel storage installation (ISFSI) or monitored retrievable storage installation (MRS). The purpose of the 30-day period is to establish a sufficient hold l

l point to assure that the NRC has sufficient time to inspect a new licensee's preparations a if

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)( g necessary, exercise its regulatory authority beforeA uel is received at an ISFSI ofHLW at a i

f MRS. The licensee is not required to obtain NRC approval of the report prior to commencing l

loading operations.

l l

Discussion

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The requirement for a preoperational test report and 30-day hold period was p!:xd ;ro the Part 72 regulations governing licensing requirements for ISFSis and an MRS at the time they were first established in 1980 (45 FR 74693), and before the NRC staff had any practical i

1 co n t. sun's experience in licensing such facilities. TheMxperience in the intervening period has been htc.

f that the staff maintains an extensive oversight presence during the preoperational testing phase a

of ISFSis, reviewing the ;pr<ef*kd Y

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pel pX w;p;ence er,; erie %ng, test results ln reel t;rne' Thus, the staff has y

-w had immediate access to the licensee's procedures and test results and has not needed either i

a preoperational test report or a 30-day hold period in order to complete its inspection activities 3

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and determine whether any further regulatory action is needed before spent fue! x llLW l&"

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Moreover, the NRC inspection program now in place (i.e., inspection Manual Chapter 2690 and Inspection Procedures 60854 and 60855) assures that NRC staff will both review licensee normal, abnormal and emergency operating procedures, including loading and unloading procedures, and observe implementation of those procedures during preoperational

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testing. Consequently, the NRC staff will be in a position to make sure that any problems are I resolved prior to fuel loading. Also, insofar as this regulation serves to assure notice to the y

NRC that spent fuelload is scheduled, it is not necessary because the generallicensee is

/

required to notify the NRC at least 90 days before spent fuel load (10 CFR 72.212/b)(1)(i)) and the specific licensee cannot load spent fuel until NRC has granted a license, s

Staff's experience has also been that the 30-day hold established by 104F#72.82(e) creates a potentially significant financial burden for licensees because, during the 30-day period, the licensee can perform no loading activities even though the licensee is ready to load

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spent fuel or HLW. This has resulted in regtstar requests for exemptions by licensees and the need for the staff to expend time processing these requests. The elimination of this regulation would preclude the need for exemption requests and would enable the licensee to use the crew assembled for fuel transfer when the lessons of preoperational testing are fresh in their minds and will contribute to the efficiency of operations by avoiding an artificial and unnecessary idle time. The NRC staff observers of spent fuelloading will/similarly benefittedA 4

l l

l

l LINSERT "A" on Page 4 of FRN Consequently, the NRC staff will be in a position to ensure h the licensee has resolved any problems prior to loading spent fuel into the ISFSI. Insofar t. tnis regulation also ensures that the NRC will be notified by the licensee before it begins loading spent fuel, other regulations and processes provide adequate assurance that the NRC will be aware of a licensee's anticipated loading activities.' For ISFSis at operating reactor sites, the Commission expects that on-site NRC resident inspector staff would be aware of any potential fuel loading activities. Additionally general licensees are required by 9 72.212(b)(1)(i) to notify the NRC at least 90 days before spent fuel loading begins. For site-specific licensees, the fact that a license has been issued serves as adequate notice to the NRC that spent fuel loading activities are planned. Further, site-specific licensees are also required by 9 72.70(a) to submit a final safety analysis report to i

the Commission at least 90 days before spent fuelloading begins.

INSERT "B" on Page 6 of FRN j

The Commission has received and approved several requests for exemption from 9 72.82(e) and envisions that most future Part 72 licensees would also apply for exemption from this regulation.

INSERT "C" on Page 7 of FRN Criminal Penalties For the purpose of Section 223 of the Atomic Energy Act (AEA), the Commission is

. issuing the proposed rule to amend 10 CFR Part 72: 9 72.82, under one or more of $$ 161b, 1611, or 161o of the AEA. Willful violations of this rule would be subject to criminal enforcement.

Compatibility of Agreement State Regulations Under the " Policy Statement on Adequacy and Compatibility of Agreement State Programs," approved by the Commission on June 30,1997, and published in the Federal Reaister (62 FR 46517, September 3,1997), this rule is classified as compatibility Category "NRC." Compatibility is not required for Category "NRC" regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the AEA, or the provisions of Title 10 of the Code of Federal Regulations, and although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements, via a mechanism that is consistent with the particular State's administrative procedure laws, but does not confer regulatory authority on the State.

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4 In sum, the Commission proposes to remove 10 CFR 72.82(e) from NRC's regulations j

because neither the report nor the 30-day hold period is needed for regulatory purposes and taking this action will relieve licensees from an unnecessary regulatory burden.

Environmental impact: Categorical Exclusion l

The NRC has determined that this proposed rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3)(iii). Therefore, neither an environmental impact

. statement nor an environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement The estimated burden reduction due to the elimination of this report on the t

preoperational test acceptance criteria and test results is tdhours annually, within a context of 21,454 information collection burden hours in the current OMB Part 72 clearance.

j Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

L 5

Regulatory Analysis The proposed amendment would eliminate the requirement that Part 72 licensees submit a report of the preoperational test acceptance criteria and test results at least ALLJ

.5 XY 30 days before the receipt of spent fuel or h:;h '~al rarlia=*f r.;d/on the groun(that g

ww NRC's inspection program esswes that NRC staff will be present for observance of osvn preoperational testing and will be in a position toseewd that a licensee is prepared to safely

flLtd, load spent fuel ort gh l::: ret :t;;;;2;f Thus, the report and the 30-day hold period are not needed for NRC's regulatory activities.

The benefit of the proposed rule is that elimination of a report and 30-day hold period not needed by the NRC would reduce an unnecessary regulatory burden on licensees and would also relieve both licensees and the NRC staff from the need to process exemption lweb b

h requests} TMmpact of the proposed rule would be that a report of the preoperational test criteria and test results will no longer be available. However, NRC inspection reports will contain NRC findings on the preoperational testing and assessments on the licensee's readiness to commence loading spent fuel and these inspection reports will be available in the NRC Public Document Room system. The NRC also considered the alternative of shortening I

rather than eliminating the hold period but rejected this alternative because it would still retain a requirement not needed for regulatory purposes and thus would still impose an unnecessary regulatory burden on licensees.

i i

6

r-Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 as amended 5 U.S.C. 605(b),

the Commission certifies that this proposed rule will not, if adopted, have a significant economic impact on a substantial number of small entities. This proposed rule would affect only the operators of independent spent fuel storage installations. These companies do not fall within the scope of the definition of'small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.

Backfit Analysis The NRC has determined that the backfit rule,10 CFR 72.62, does not apply to this rule, because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this proposed rule.

lu*l(fC List of Subjects in 10 CFR Part 72 g

c f, e,u ( DJ" h Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

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 72.

7

7 i

i PART 72-LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF l

SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

1. The authority citation for Part 72 continues to read as follows:

AUTHORITY: Secs.51,53,57,62,63,65,69,81,161,182,183,184,186,187,189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as' amended, SEC. 234,83 Stat.

444, as amended (42 U.S.C. 2071,2073,2077,2092,2093,2095,2099,2111,2201,2232, 2233,2234,2236,2237,2238,2282); secs. 274, Pub. L. 8C-373,73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended,202,206,88 Stat.1242, as amended 1244,1246 (42 U.S.C. 5841,5842, 5846); Pub. L.95-601, secs.10,92, Stat. 29513 amended by Pub. L.

102-486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332); secs.131,132,133,135,137,141, Pub. L.97-425,96 Stat. 2229,2230,2232, 2241, sec.148, Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10151,10152,10153,10155, 10157,10161,10168).

l Section 72.44(g) also issued under sec.142 (b) and 148 (c), (d), Pub. L. 100-203,101 Stat.1330-232,1330-236 (42 U.S.C.10162 (b),10168 (c), (d)). Section 72.46 also issued 4

under sec.189,68 Stat. 955 (42 U.S.C. ~2239); sec.134, Pub. L.97-425,96 Stat. 2230 (42 4

U.S.C.10154). Section 72.96(d) also issued under sec.145(g), Pub. L.100-203,101 Stat.

1330-235 (42 U.S.C.10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a).

8

w 141(h), Pub. L.97-425, 96 Stat. 2202,2203,2204,2222,2224 (42 U.S.C.10101,10137(a),

10161(h)). Subparts K and L are also issued under sec.133,98 Stat. 2230 (42 U.S.C.10153) and sec. 218(a), Stat. 2252 (42 U.S.C.10198).

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2. Section 72.82 is amded by removing paragraph (e).

Dated at Rockville, Maryland this day of

.1998.

For the Nuclear Regulatory Comrnission.

I L. Joseph Callan, Executive Director for Operations.

9

7-i 141(h), Pub. L.97-425,96 Stat. 2202,2203,2204,2222,2224 (42 U.S.C.10101,10137(a),

10161(h)). Subparts K and L are also issued under sec.133,98 Stat. 2230 (42 U.S.C.10153) and sec. 218(a), Stat. 2252 (42 U.S.C.10198),

xvtsol e

2. Section 72.82 is a ed by removing paragraph (e).

Dated at Rockville, Maryland this day of

.1998.

For the Nuclear Regulatory Commission.

L. Joseph Callan, Executive Director for Operations.

To receive a copy of this document, indicate in the box "C" = copy without attachment / enclosure, "B" = copy with attachment / enclosure, "N" = No copy p

OFFICE:

NMSS/IMNS NMSS/IMNS

,7"4cL 68(rfa-0 C C/'"NO NMSS RRDB/ADM

, NAME:

GGundersen PHolahan EKraus FCombs DMeyer DATE:

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OClO OGC D/OE CFO NAME:

BJShelton JGray JLieberman JFunches d

kau DATE:

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D/NMSS DEDR EDO NAME:

MKnapp HThompson LJCallan DATE:

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/ /98 OFFICIAL RECORD COPY NMSS FILE CODE NO.:-

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0 4

4 ENCLOSURE 2 4

CONGRESSIONAL LETTERS

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i UNITED STATES g

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20566 0001 d

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%.....p The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed proposed amendments to the Commission's rule in 10 CFR j

Part 72. The proposed rule, if promulgated, would eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not i

need the report or the holding period because the NRC staff is on site and evaluates

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preoperational testingJ ree! %c.t a.s i'/ o ec wS.

The Commission is issuing the proposed rule for public comment and has specifically requested comments with respect to the scope, level of specificity, and methods of implementation of the rule.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register notice ec: Representative Ralph Hall

The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power l

Committee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

l The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed proposed amendments to the Commission's rule in 10 CFR Part 72. The proposed rule, if proinulgated, would eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the report or the holding period because the NRC staff is on site and evaluates

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preoperational testing h 9 MmaA 4s / / o cc v.c.

The Commission is issuing the proposed rule for public comment and has specifically requested I

comments with respect to the scope, level of specificity, and methods of implementation of the rule.

Sincerely, 1

1 Dennis K. Rathbun, Director i

Office of Congressional Affairs l

Enclosure:

Federal Register notice cc: Representative Ralph Hall i

I Distribution RGordon\\RF IMNSS\\ Central File NMSS R\\F NRC Central File PHolahan CPoland (

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' identical letter sent to the Honorable James M. Inhofe DOCUMENT NAME: [O:\\Gundersen\\part72._8\\propos. con)

Tc receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure

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"N" a No cop'r

• See previous concurrence Q

OFFICE RGB\\lMNS l

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NAME GGundersen JPiccone FCombs MKnapp DKRathbun DATE

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UNITED STATES s

j NUCLEAR REGULATORY COMMISSION l

WASHINGTON, D.C. 20 @ 0001 The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private l

Property and Nuclear Safety Committee on Environment and Public Works j

United States Senate Washington, DC 20510

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed proposed amendments to the Commission's rule in 10 CFR Part 72. The proposed rule, if promulgated, would eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the report or the holding period because the NRC staff is on site and evaluates preoperational testing H ree! *%;. 4 py ;./

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The Commission is issuing the proposed rule for public comment and has specifically requested comments with respect to the scope, level of specificity, and methods of implementation of the rule.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register notice ec: Senator Bob Graham l

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ENCLOSURE 3 WEEKLY REPORT TO THE COMMISSION i

c WEEKLY REPORT TO THE COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Prooosed Rule to be Sioned bv EDO On

.1998, the Executive Director for Operations approved a proposed rule that would eliminate the requirernent that a report of the properitoneal test of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level rr.,ioactive waste. Experience has shown that the NRC staff does not need the report or the holding period because the NRC staff is on site and evaluates preoperational testing ir, rv tii d This amendment will eliminate an unnecessary regulatory burden on licensees.

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This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this proposed rule for publication in the Federal Reoister.

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i ENCLOSURE 4 APPROVAL FOR PUBLICATION

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i Anoroved for Publication i

The Commission has delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)), subject to the limitations specified in NRC Management Directive 9.17, " Organization and Functions, Office of the Executive Director for Operations," paragraphs 0213, 038, 039, and 0310.

The attached proposed rule entitled " Elimination of Reporting Requirement and 30-day Hold in Loading Spent Fuel after Preoperational Testing of Independent Spent Fuel Storage or

- Monitored Retrievable Storage Installations," eliminates an unneeded report and hold period while reducing the regulatory burden on licensees.

This proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7,8, or 9 Subpart C conceming matters of policy. I there find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.

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Date L. Joseph Callan, Executive Director for Operations.

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l 10 CFR 72.82(e), will eliminate an unnecessary regulatory burden on licensees and i

implements the SRM to SECY-98-056 which transmitted the rulemaking plan for this proposed j

rule to the Commission.

The following is a summary of this request:

1. ten: " Elimination of Report'ng Requirement and 30-day Hold in Loading Spent Fuel after i

Preoperational Testing of independent Spent Fuel Storage or Monitored Retrievable Storage Installations."

2. Task Leader G. Gundersen, NMSS/IMNS 415-6195

3. Workino Grouo: M. Ross-Lee, NMSS/SFPO 415-3781 N. Jensen, OGC 415-1637

4. Steerina Grouo: No

5. Enhanced Public Particioation: No

6. Comcatibility for Aareement States: No

7. Requested Action: Office Concurrence

8. Requested ComDistion Date Fourteen days after date of this memorandum. To meet the i

EDO due date a meeting will be tentatively scheduled for the week of August 3rd. This meeting will be to discuss and resolve any issues and concerns that are delaying concurrence. Please plan having an official who can concur for your Office available for this meeting.

9, Resources and Coordination: It is anticipated that 0.4 NRC FTEs will be needed to

. complete this action (0.2 NMSS, and 0.2 all other). These resources are within existing budget allocations. Copies of this concurrence package have been forwarded to ACRS, ACNW, and IG for information.

Attachment:

Memorandum from M. Knapp to L. Joseph Callan w/encls.

cc w/encls.: H. T. Bell, OlG C. Paperiello, Region lil/ ORA J. Larkins, ACRS & ACNW E. Merschoff, Region IV/ ORA H. Miller, Region 1/ ORA D. Cool L. Reyes, Region ll/ ORA M. Knapp DOCUMENT NAME:o.\\GuNDERSEPART72-8PRooFF. con See Distribution on next page OFC RGO:lMNs ROS:IMNs sFPO/NMss D:IMNs NAME GGundersen PHolahan

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DATE SI 198

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198 OFFICE RECORD COPY NMSS FILE CODE:

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1 Distribution: (0:\\GUNDERSE\\PART72-8\\PROOFF. CON)

RGordon/RF DMondiola IMNS/ Control File NMSS R/F CPoland NMSS Ticket No. 980194 NRC Central File NJensen PHolahan MSridgers EDO No.

WITS # 980076 l

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l DATO RECEIVED: 04/30/98 ORIGINAL DUE DT: 08/21/98 CONTROL NO: 9800194 DIVISION DATE: 08/18/98 DOC DT: 04/27/98

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Jchn' Hoyle, SECY TO i

Callan I

FOR SIGNATURE OF :

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SECY NO:

ASSIGNED TO:

CONTACT:

O IMNS Piccone/Holahan L_.J ROUTING:

(WITS 9800076) SRM - SECY-98-056 - RULEMAKING PLAN Paperiello ELIMINATION OF 30-DAY HOLD IN LOADING SPENT FUEL Kane AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT Linehan FUEL STORAGE OF MONITORED RETRIEVABLE STORAGE Holahan INSTALLATIONS Gundersen Brochman Jacobs-Baynard SPECIAL INSTRUCTIONS OR REMARKS:

Poland SAME AS EDO WITS NUMBER 980076 Due to NMSS - 8/18/98

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- 8/21/98 Dua to OCM- - 8/28/98 Y

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