ML20216J047
| ML20216J047 | |
| Person / Time | |
|---|---|
| Issue date: | 02/02/1998 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | NRC |
| References | |
| COMEXM-98-001, COMEXM-98-1, COMSAJ-98-001, COMSAJ-98-1, NUDOCS 9803230323 | |
| Download: ML20216J047 (2) | |
Text
FROM CHQIRMAN JACASON 02.01.1998 17: 44 ,
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N&hy g ) NUCLEAR REGULATORY COMMISSION COMSAJ-98-001/ -
o WASHINeTON, D.C. 6 COMEXM-98-001 1 '~2
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. ~ "'FEruhry 2,1998 Disapproved. See attached comments.
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MEMORANDUM FOR: John C. Hoyle. Secretary Nils J."Diaz i 2/ '._ /98 FROM: Shirley Ann Jackson. Chairman MM Edward McGaffigan, Jr.. Comissionerk'df ' **
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SUBJECT:
ANNUAL FEES FOR STORAGE OF SPENT FU gg> j dato 1,gi, !
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During a recent drop-in visit by representatives from Public Services Company '
of Colorado, a concern was raised regarding NRC policy on annual fees for interim on-site storage of spent fuel. While both wet storage (i.e.. spent fuel pool) and dry storage (i.e.. Independent spent fuel storage installation or ISFSI) are considered to' be safe and acceptable methods for spent fuel storage. the current fee structure could create a disincentive for j licensees to pursue dry storage.2 The potential disincentive arises from the imposition of annual fees for Part 72 licensees (approximately 5280K/ year).
l l but no annual fee on Part 50 " possession only~ licensees that forgo an ISFS1 In favor of spent fuel pool storage.
l l Since the Commission has formally found that both wet and dry storage are safe and acceptable, we believe that the Comission should avoid actions that would provide an incentive to choose one approach over another.
"As the C.ommission found in the Waste Confidence Decision, spent fuel can be stored safely and without significant environmental impact at a reactor licensee's spent fuel storage basin or at either an onsite or offsite ISPSI. See U.S. Nuclear Regulatory Commission, " Requirements of Licensee Actions Regarding the Disposition of Spent Fuel Upon Expiration of Reactor Operating Licenses," 49 FR 34688, August 31, 1984, as amended at 55 FR 38474, September 18, 1990.
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9803230323 980202 .
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Commissioner Diaz's comments on COMSAJ 98-001/COMEXM 98-001: ANNUAL FEES FOR STORAGE OF SPENT FUEL I thoroughly agree that the NRC should avoid actions that would provide an incentive to choose one method of spent fuel storage over another. However, due to the short time available for developing and promulgating the FY 1998 fee rule (Part 171), and'considering the character of the policy issues involved in this matter, I disagree with directing the staff to resolve this issue as part of the current rulemaking. Rather, in preparation for the FY 1999 fee rulemaking, the staff should prepare a paper outlining the policy and legalissues relevant to this matter, and provide the Commission with a proposal to fairly and equitably resolve the issue raised by my fellow Commissioners.
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