ML20148H494

Forwards 801112 Fr Notice of 10CFR72 Issuance Per NRC Commitment Made in 801003 Motion to Set Aside Schedule for Summary Disposition

ML20148H494
Person / Time
Site:	07001308
Issue date:	11/14/1980
From:	Bachmann R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Goodhope A, Little L, Remick R Atomic Safety and Licensing Board Panel
References
NUDOCS 8011190016
Download: ML20148H494 (21)

Text

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g Distribution:

MRothschild RBachmann Y?~ " ' " ~ '  : 5a LRouse,-SS-396 SS-396-JShafer, SS-396

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, ,., , g '~ 5 g HKS/TFE/ESO November 14, 1980 -ELD FF (2)

Chron.

m Andrew C. Goodhope, Esq.. Chaiman Dr. Forrest J. Remick Atomic Safety and Licensing Board 305 East Hamilton Avenue 3320 Estelle Terrace State College, pA 16801

' Wheaton, MD 20906 Dr. Linda W. Little 5000 Hennitage Drive Raleigh, NC 27612 In the Matter of General Electric Company (GE Morris Operation Spent Fuel Storage Facility)

Docket No. 70-1308  ;

(Renewal of SNM-1265) I

Dear Members of the Board:

i On October 3,1980, in the "NRC Staff Motion to set aside Schedule for i Stammary Disposition", the staff cornitted to supply copies of the new  ;

10 CFR Part 72 to the service list when it was published in the Federal i Register. On November 12.1980, Part 72 was so published (45 Fed. Reg.  !

74693). Accordingly, enclosed is a copy of Part 72 as it appears in the  !

Federal Register. '

i Sincerely,

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i Richard G. Bachst.nn i Counsel for NRC Staff j

Enclosure:

As stated Y8

) gj.- f,. (4 Jfb l cc w/ enclosure:

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thought to be potentially interested in is designed to codify certein existing  ;

This secton of the FEDERAL REGISTER'

, contains regulatory documenta having this subject. regulatory practices and better define j general appocatniny and legal eNect, rnost Seventy letters mntaining more than licensing requirements covering the j of which are keyed to and codded in 300 individual comments, were received storage of spent fuelin an ISFSI,is -;

the Code of Federal Regulabons, which is in response to this request. Individual consistent with the NRC objective of 1 8' ""' P""*" " 4 having applicable regulations in place to j letters were submitted on behalf of 5t several contributors. In addition, meet anticipated needs. i The Code di Federal Regulations is notd 2. Purpose andScope o/ Port 72. In the i by the Superintendent of Documents. comments were received from interested NRC staff members.The comments opinion of those commenters who  !

Prices of new books are Isted in the consider spent fuel to be a high level 'l a first FEDERAL REGISTER issue of each covered generic subjects in addition to month, ones addressed to specific sections of waste, the licensing of sent fuel storage  ;

' is the de facto licensing of the temporary i the draft rule. After a careful NUCLEAR REQULATORY storage of high-level wastes. Others -  !

consideration of all of the comments COMMISSION received. the Commission has adopted - commented that Part 72 could be  ;

10 CFR Pav .72 in effective form. Major expanded to cover the temporary j 10 CFR Part 72 -

issues contained in these comments and storage of high-level wastes in a facility j Licensing Requiremente for the he an ISM M abw funer ,

msulting changes in the rule am Storage of Spent Fuelin an discussed below.ne detailed responses radioactive decay prior to placement in j independent Fuel Spent Storage . a repository. . ,

to individual comments are documented installation - in NUREG-0587," Analyses of Part 72 is limited in scope to the AOENCv:U.S. Nuclear Regulatory Comments on to CFR Part 72." Copies of temporary storage (up to 20 years with Commission. renewal at the option of the this report are available from the Commission) of spent fuel (and  ;

AcTiow: Final rule. D vision of Technical Information and radioactive materials associated with i Document Control. U.S. Nuclear spent fuel storage)in facilities designed

. susassAny:The Nuclear Regulatory Regulatory Commission. Washington, Commission (NRC) is adding a new Part ^ D.C.20555. specifically for this purpose.The -l; i to its regulations to cover the specific purpose of Part 72 is to prescribe the licensing requirements for the storage of Issues Addressed in Public Co====ts reFulatory requirements for this activity.  !

spent fuel in an independent spent fuel The Commission has stated that spent ,

1.Needfor o ltule at This Time. Fifty '

storage installation (ISFSI). Such . commenters showed a broad recognition fuel from power reactors is high level activities are currently licensed under of b need for the proposed rule at this waste for the purposes of Section 202(3) the Commission s general regulation for time and endorsed this action by the of the Energy Reorganization Act.'Thus the Domestic Licensing of Special NRC, although exceptions were taken to an ISFS! that is operated by the l

Nuclear Material.10 CFR Part 70. Department of Energy must be licensed j some of the specific requirements.

Experience with licensing actions under Twelve commenters were opposed to by NRC. I this regulation demonstrated the need 3.De Eocio Support o/NuclearPbwer.  ;

r for a more definitive regulation to cover this time.rule and itssome For examp fe,omulgation of these at thisSome commenters interpreted the promulgation of Part 72 as de facto I spent fuel storage in an ISFSI. This new commenters expressed a concern that Part was developed to meet this need. the promulgation of a rule covering support by the Commission of the l OATas: Effective date: November 28,19eo. spent fuel storage would decrease continuing production of electricity by (

nuclear power (and its resultant waste i

' Note-The NRC did not submit this rule to pressures on both industry and government to solve the radioactive generation) without a national waste the Comptroller General for a review of its

' reporting and recordkeeping requirements weste problem. Others advocated a halt management policy.ne Commission's twcause the proketed number of licensees to the generation of spent fuel. Le., shut intent in promulgating Part 72 is simply ,

involved, fewer than 10. makes it enempt down nuelaar power planta until the to have applicable regulations in place  !

from the Federal Reports Act, as amended. 44 waste proolem is solved, for the protection of the health and E 3s12. Following the President's deferral of safety of the public and of the PCs runTHER10sPORIAATION COprfACTt environmentif applicetions are received reprocessing of spent fuelin April 1977 Dennis W. Reisenweaver, Office of for the storage of spent fuelin an ISFSt. j came the general recognition that, ,

Standards Development. U.S. Nuclear regardless of future developments, spent The Comrnission's position on the Regulatory Commission. Washington, subject of waste management was l

. fuel would have to be stored for a addressed in the Federal Register notice D.C. 20655. (301) 443-5910. . number of years prior to its ultimate .

disposition, ar.d that the storage'of spent on to CFR Part 51, published on August l suppLsasser?Any sesFOResAT90sc On  ;

fuelin an ISFSI would be a likely 2.1979 (44 FR 45362) promulgating a October 6,1978, the NRC published in final rule which sets out in Table S-3, additional new step in the nuclear fuel l the Federal Registar (43 FR 46309) a Table of Uranium Fuel Cycle cycle.The NRC expects a number of

-t notice of proposed rulemaking covering Environmental Data, revised the storag;a of spent fuelin an license applications covering this l activity in the near future.Part 72 environmentalimpact values for the j independent spent fuel storage Installation (ISFSI). In addition, copies establishes specific regulatory l ' statement of Dr. laseph R. Endrie, tlwn j of the propond rule with a request for requirements for this activity.

comments were sent to individuals, it is the judgment of the Comminalon D"Mgs c N N 't,wreyend #

I organisations, and government agencies that the promulgation of Part 72, which Noteral Reesuroes, UA Samate. Wy 10, tem {

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74694 Federal' Register / Vol. 45. No. 220 / Wednesday, November 12, 1980 / Rules and Regulations uranium fuel cycle including waste quantitles of radioactive materials are present in spent fuel are proportional to disposal and the notice of proposed not present. There are no high burnup; but within the limits of expected rulemaking on 10 CFR Parts 50 and St. temperatures or pressures present burnups, this is not a significant factor

" Storage and Disposal of Nuclear- during normal operations or under for spent fuel aged more than one year.

Wastes." published on October 25,1979 design basis accident conditions to The one year decay stipulatiors has (44 FR 61372). cause the release and dispersal of been retained as this is a basis for the

4. Adequocyof TechnologyBase. A. radioactive materials. This is primarily. requirements of Part 72 i.e., the .

number of commenters questioned the due to the low heat generation rate of presumption is made that no short-lived adequacy and eval! ability of the spent fuel with more than the one year radionuclides are present and the levels technology base for the development of of decay before storage in an ISFSI of volatile radioactive materials are very a rule covering extended spent fuel required by the rule and with the low . substantially reduced.

Inasmuch as the definition of spent **

storage. In fact, there is a very broad inventory of volatile radioactive technology base for both wet and dry materials readily available for release to fuel eligible for storage in an ISFSI .s modes of spent fuel storage for the the environs. (Section 72.3(v)] specifies that the fuel contemplated lifetime of an ISFSL However, it is essential to maintain must have undergone at least a year's Water basins are simple structures safe storage conditions. For water decay since its irradiation in a power 4 that have been used since the mid 1940s basins this means that the pool reactor, any facility for temporary for the handling, transfer and storage of structure, storage racks and possibly storage of fuel irradiated in a power spent fuel and other highly radioactive other items such as crane tiedowns, reactor which has not undergone a sources such as "Co and for the must be designed to withstand the year's decay would be licensed under shielding of research reactors. Initially maximum potential natural phenomena. Part 50 rather than Part 72. .

at government plants and later at including earthquakes, to which the 8. Definition of Temporary Storoge, in commercial reactors. The engineering ISFSI may be exposed. For this reason. response to comments, a definition of practiceo and procedures involved in the rule stresses the selection of sound temporary storage has been added as their design and construction are well sites and designing for the most severe paragraph 72.3(x). Temporary storege. in established.The operation of a water natural phenomena reported for the site the context of Part 72, means " interim basin is also straightforward, the water and surrounding area. The same storage of spent fuel for a limited time chemistry is well established, and the considerations are applicable to ISFS1 only. pending its ultimate disposal."

maintenance of high quality basin water designs other than water basins. 9. Material Versus facility License.

is readily achievable.These water 6. Coverage of Dry Storoge and Some confusion and misunderstanding conditions are essentially non corrosive Existing facilities. A number of over the differences between a Part 70 to both the materials involved in the commenters suggested that the purpose "matenal" license and a Part 50 basin itself and the components of spent and scope be v roten in more definitive "faciW license was reflected by a fuel assemblies from commerciallight language and spuffically to cover dry number s ' commenters. Under Part 70, a water reactors. Both experience and storage and other radioactive materials licensee is authorized to receive title to, theoretical analyses of basin storage associated with spent fuel, recognizing own. acquire deliver, receive, possess, conditions indicate that spent fuel can that this was intended in the proposed use, and trans.'er special nuclear be stored underwater for several rule. The wording was changed for material for a a tated purpose, such as decades without serio a degradation. improved clarity in response to these fuel manufacti ring. to be carried out in

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Although dry storage has not been suggestions. In addition, paragraph an approved slant complex: however.

used for commerciallight water reactor 72.2(c) was added to the scope to clarify the plant itse lf is not licensed but its (LWRJ fuels, dry storage has been used the fact that this rule covers both wet operation l' regulated. Under Part 50, a for a number of years for other types of and dry storage. Other appropriate licensee ir authorized to transfer or spent fuels and other highly radioactive changes were rnade in the body of the - receive in interstate commerce.

. materials, particularly at the Idaho rule to further clarify this point. manufacture. produce. transfer, acquire.

Nuclear Engineering Laboratory. Dry 7. Types of fuel Covered and Decoy possess or use a production or i storage is used for spent MAGNOX versus Fuel Chotocteristics. Comments utilization facility, as defined by the fuels at the Wyfla Power Station.in were received suggesting that the rule Atomic Energy Act; the license covers ,

Wales. Canada is developing dry be broadened to cover other than LWR the facility, not the material. The l storage for CANDU reactor fuels, and ' spent fuel, e.g., CANDU reactor fuel that possession of fuel by a reactor licensee the U.S. Department of Energy (DOE) la might be received from abroad. In is covered under a Part 70 license, whicF evaluating the storage of high burnup response, the definition of spent fuel is incorporated into the Part 5011 cense LWR fuels both in concrete and steel was broadened to cover all types of The licensing of spent fuel storage in s ,

, canisters similar to the Canadian design power reactor fuels. An ISFSI would ISFSI under Part 72 is a material type and in near surface dry well storage at have to be designed to accommodate the license: however Part 72 includes the Nevada Test Site. types of spent fuel to be stored. and any requirements for an ISFSI that are

5. Is Spent fue/ Storage a Low Risk restrictions on fuel types would be a conditions under which a license to Operation?Some commenters subject of license conditions. possess spent fuel will be issued.

questioned whether the extended Some commenters questioned the one. 10. One License Applicatior. and One storage of spent fuelis a low risk year decay stipulation preferring that Safety Ano/ysis Report. For some time operation as stated in the preamble to this requirement be expressed in terms . the NRC has endeavored to simplify its the proposed rule. of specific power, burnup, or other regulations and licensing activities. As Radiological risks to the public result pertinent fuel characteristics. In spent fuel storage in an ISFSI is a simple s from a release of radioactive materials practice, specific power is important operation, does not require a complex and their dispersal to the environment. only for freshly discharged fuel as the plant and is subject to few controversial Once in place, spent fuel storage is a power level prior to shutdown is the technical issues, a one step licensing staile operation and during normal continiling factor for the concentration procedure requiring only one application operations the conditlo ts required for of short lived radionuclides present in and one SAR was adopted in Part 72.

the release and dispersal of significant spent fuel.The long lived radionuclides This one step licensing procedure was r

i Federal Register / Vol. 45. No. 220 / Wednesday, November i2,1980 / Rules and Regulations 14695 )

the subject of a number of comments. It decommissioning should be made before even if no changes have been made. The

' is believed that the rewording of the text a license is issued. annual updating w,ill also address the of the rule plus the discussions of Although decommissioning of an signinccnce of any changes to codes. '

i

• individual comments in NUREG 4587 ISFSI should require only the removal of standards regulations, or regulatory have clarified requirements and the one surface contamination. planning for guides which the licensee has committed i i

application and one SAR requirement decontamination and decommissioning to meeting that are applicable to the i*

has been retained in Part 72. However,it is en essential element of design input. design, construction, or operations of the  ;

' should be recognized that locating an The value of a decommissioning plan ISFSt. Changes at an ISFSI after it is ISFSI on a nuclear power plant site may being developed at the license built are expected to be limited to require an amendment to the Part 50 application stage is that this plan support systems with only marginal license to take into account possible demonstrates the extent to which the safety significance. This requirement is i ' interactions with the ISFSt. proposed ISFSI has been designed for comparable to that of the proposed Section 2.764 of10 CFR Part 2 has been amended by adding a new decommissioning,for The provisions financing the amendment to i 50.71 of10 CFR Part 50, commonly refer ed to as the "FSAR paragraph (c) which provides that an ultimate decommissioning of an ISFSI

( Update Rule."

initial decision directing the issuance were also the subject of many comments under 10 CFR Part 72 of an initiallicense reflecting that this is a problem yet to be 15. Content of En vironmento/ Reports.

res Iv d ss udn a The content of the environmentalreport for the construction and operation of an "

independent spent fuel storage g mi lon ng required by l 72.20 was the subject of a an ISFS! that is desi dir number of comments.The installation (ISFSI) shall not become smagj environmental report required for an effective until review by the decommissioning a u Commission has been completed and c m are t se costs for some other ISFSIis an evaluation of the nu environmentalimpact of the ISFS1 on that the Director of Nuclear Material 13.bqualification o/ Port g the region in which it is located.

Safety,and Safeguards shall not issue such an initial license until expressly Li ensees. Some commenters, including the transportation that is authorized to do so by the Corr. mission. particularly utilities, suggested that Part involved. Discussions of generic issues 50 licensees should be considere.1 to be covered by DOE and NRC generic This amendment does not affect and is prequalified. This suggestion was not environmental impact statements may i vlou ac i n of Co ss o adopted, although no serious difficulty is be incorporated by reference.

4 temporanly suspending the immediate anticipated in the qualification of a Part ,

16. Provision for Public Heore,ngs and 3 50 licensee. A Part 50 Ilcensee must State ondloco/ Porticipation in the effectiveness rule (10 CFR 2.?B4 (a) and (b))in certain proceedings as provided '"II'.fy the requirement in Part 72 that an Licensing Process. A number of s in Appendix B to Part 2 (44 FR 65049 apphcant have an adequately trained commenters expressed concern over the staff committed to the design, omission in proposed Part 72 of any November 9.1979.)

11. Accident Analyses. A number of c natruction and operation of the reference to public hearings or other comments addressed the subject of r Posed ISFSI.The storage of spent provisions covering state and local

[uelin en ISFSlis a low risk operation participation in the licensing process. In accident analyses, particularly an apparent inconsistency between the 24- pr vided the ISFSl fs designed. accordance with the requirements of hour inhalation / ingestion dose e nstructed and operated in accordance Sec.189a of the Atomic Energy Act, as with required standards. A commitment amended, which provides in part ". . .

e addressed in paragraph 72.15(a)(13) and to this effect on the part of an applicant the Commission shall grant a hearing the 2. hour direct radiation dose used as a site evaluation factor in i 72.67.

• g4

" ,"hq'u7tedifeYo / o d Updating [nte ofP" st "

in response to those comments and - b affec d by t e the SAR. Questions were raised on the roceedin

, upon further consideration, paragraph required detailin the SAR and its ' " the Office of Nuclear 72.15(a)(13) was revised to require updating. The single license granted Materials bf'etY and Safe 8"ards h

i accident analyses to cover both a s prach M pWz6g under Part 72 prior to the start of -

immediato dose and long. term dose construction requires considerable commitment based on the duration of pr actipnssean s[ent holdingNel public storage Heensing hearings on a detailin the license application, the postulated event rather than on an particularly in the SAR. There must be request by any person whose interest

, arbitrary time limit. Accident criteria to sufficient deta'il to: (1) Support the my be affected. A section based on the be used in site evaluation were temoved . findings enumerated in i 72.31 for the pr visi ns of Il 2.104 and 2.105 of to t

from Il 72.65 and 72.67 and placed in a' issuance of a license, and CFR Part 2, has been added to the rule r- new I 72.68 which addresses the criteria (2) Serve as the bases for both the (See I 72.34).

for establishing the controlled area for license conditions applicable to design 17. APPli cab /lityofLicense an ISFSt. and construction and the license Conditions. Some commenters raised

12. Decommission /ng Plan. 'Ihe conditions, including technical questions on the content and

. requirement in Ptet 72 that the license specifications, apphcable to operations. applicability of license conditions.

t application include a plaa for The wording has been changed recognizing that license conditions are decommissioning of the proposedISFSI throughout the rule to clarify this point. en important aspect of the single '

and the financial arrangements Updating the SAR during the design preconstruction license issued under  !

therefore were the subject of many and construction phase of the project is Part 72. In response to these comments, 6

comments. The reason for this required. fiowever, such updating is the wording of I 72.33 was changed to l i

requirement is that the decommissioning limited to an elaboration or modification clarify the point that license conditions '

plan provides design input (see i 72.76) of the information in an approved SAR. are applicable to design, construction, and the basis for the costs of - Any changes involving an unreviewed and operational activities. Since license decommissioning. Part 72 makes It a safety question require an amendment conditions applicable to ISFSI requirement that adequate financial to the license. An annual updating of the operations are technicalin nature, these I arrangements to cover the cost of SAR after the ISFSI is built is required have been identified by the more i

l 74696 Federal Register / Vol. 45. No. 220 / Wednesday, November 12. 1980 / Rules and Regulations l

familiar term " Technical intended to be used for other than potential release of radioactive Specifications." reactor sites.'the use of these terms materials, including short lived species

18. At Reactor versus A way Emm. from to CIR Part 100 for an ISFSIis such as *l. Design basis accidents of ReactorSiting. Some commenters inappropriate. concern at an ISFS1 primarily involve favored restricting the siting oflSFSle to Furthermore. the " Report of the Siting direct radiation from exposure to the  !

reactor sites. with the thought that this Policy Task Force." NUREG-0625. has spent fuel rather than releases of t might reduce perceived transportation recommended several changds in the radioactive materials.The areas risks and keep pressure on the nuclest basic criteria of 10 CFR Part 100. requiring control or protective actic i industry to help solve the waste Therefore using the current terminology measures for the protection of the public management problem. Others favored of 10 CFR Part 100 in 10 CFR Part 72 is are quite different and hence using away from-reactor siting, perceiving this not appropriate due to the potential different terminology for each avoids to be safest solution even though changes that may be made in Part 100. confusion. '

transportation might be increased. For example. It is proposed to change ' The four site-related terms and their -8 l Also, some commenters interpreted the term (and definition) of " low definitions. i.e., site, controlled area.

the promulgation of Part 72 as reflecting population zone" to "errergency neighboring area (now ISFSI-EPZ). and an NRC bias favoring away.from- planning zone" (EPZ). This terminology region. establish each of the reactor siting. This conclusion is not was used in the proposed revision of geographical areas and the correct. The NRC is not aware of any Appendix E (now titled " Emergency interrelationship that would exist compelling reasons generally favoring Planning and Preparedness for between these areas and the need to either at reactor or away-from-reactor Production and Utilization Facilities") to protect public health and safety and the siting of an ISFSt.'Ihere are many 10 CFR Part 50. that was published for environment. The site means the real factors to be considered in each comment on December 19,1979. property on which the ISFSI is located.

situation and in the licensing actions Consistent with this proposed revision. The controlled area. which may or may involved; accordingly. the rule permits the term " neighboring area" in 10 CFR not be the same as the site. has the either. Part 72 has been changed to "lSFSI purpose of defining licensee control for

19. The Use o/New Site-Relat.ed Emergency Planning Zone"(ISFSI-EPZ) meeting regulatory licensing Terms One subject of particular interest because these are comparable in requirements. The controlled area, in .

to many commenters was the use in Part concept. The size of an ISFSI-EPZ is most cases, will be enclosed by some 72 of new site related terms (" controlled expected to be much smaller than that physical barrier such as a fence, to area." " neighboring area" and " region.') of a reactor EPZ. provide the needed control of activities rather than the more familiar site- 20. CriterioforEstablishing the within the area. Beyond the controlled related terms used in 10 CFR Parts 20 Conuo//ed Area. Neighboring Area,' area, the licensee does not necessarily and 100, andRagion as Applied to the Site of an exercise authority over activities.

Several considerations went into the ISFSI. A number of commenters The ISFSI. Emergency Planning Zone development of new terms for site- expressed the need for criteria for (ISFSI-EPZ)is that area in the related areas around an ISFSI. While the establishing the controlled area, the immectiate vicinity of an ISFSi upon

, terminology used in to CFR Part 20, neighboring arca and the region for an which local and State governments specifically ' restricted' and 'unrestriq;ed' ISFSI as these terms are used in Part 72 should base their radiological response areas, applies to all nuclear facilities. it and noted that there was a potential plans. The requirement to define a is limited to radiation protection conflict of terms in the proposed rule. In neighboring area in the proposed 10 CFR concerns associated with normal response to these comments, more Part 72,in which State and local operations and the means used by the definitive criteria have been governments coold take pro.ective .

licensee to control the access to areas of incorporated in the pertinent sections of action in the event of an emergency. is potential radiation exposure. With the the rule and clarifying changes in the comparable in concept to the emergency advent of as low as is reasonably text and definitions have been made, planning zc,aes for reactors. The term achievable objectives and Another concern with the ISFSI-EPZ has been adopted to environmental radiation protection implementation of these defined areas standards pro'mulgated by the differentiate this zone and its for an ISFSI is the possible conflict in requirements from those of an EPZ for a Environmental Protection Agency in 40 terminology for an ISFSI located on the reactor.

CFR Part 190. the term " unrestricted" same site with a nuclear power reactor The regions around an ISFS! site will usedin to CFR Part 20 is too narrow in- licensed under to CFR Parts 50 and too vary in geographical area and location meaning for applications to areas requirements. -

beyond the boundaries of the licensee's depending upon the event being Part of this concern appears due to a evaluated to determine its impact on the property, misunderstanding and the impression ISFSt. A region has the purpose of The current terminology used in 10 - defining the area within which such an that the controlled area for an ISFS!is CFR Part 100. specifically 'evclusion the same as the exclusion area for a event can have an impact on the public area' and ' low population zone',is reactor and that the neighboring area health and safety or environment. This applicable to postulated radiological (since changed to ISFSI-EpZ) for an impact must be assessed from the consequences to individuals beyond the ISFSils the same as the low population - consequences postulated for the events *

. site boundary from potential accidents zone for a reactor. In concept, these evaluated.

In test and power reactors. Its _

areas are similar but the bases for their 21. Dose LimitsforNormal applicability is limited to specific types establishment are different.The of nuclear reactors, not other nuclear OPerotions andAccidents. A number of commenters addressed the subject of '

installations, and to well defined controlled area for an ISFSI is not the same as the exclusion area for a reactor dose limits for normal operations and reference dose guidelines and risks ,

because the design basis ' accidents are accidents. Although spent fuel storage is I associated with such nuclear reactors. different. Reactor accidents involve a not specifically identified as a fuel cycle i The terminology used in to CFP Part 100 operation in 40 CFR Part 190. I la too restrictive in meaning for use at in,i.,,

rnulti-purpose sites and was enver neishtwins area" has tan chansed Environmental Radiation Protection to tsm-ez.- Standards for Nuclear Power m

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Federal Register / W1. 45, No. 220 / W:dnesday Nav:mber 12, 1980 / Rules and R2sul:tirne 74897

. Operations," the dose limits specified in conservative and adequate to offset appropriate for the protection of an

" this regulation are used in Part 72. .. uncertainties in an evaluation of a . ISFSI which could contain a large r .. Section 72.67 was rewritten to better specific site on a probabilistic basis. Inventory of spent fuel. The Commission

- - - clarify the requirements on affluents and ' However.it was not possible to is considering a revision of Appendix A direct radiation during normal obtain a consensus among experts in the to Part 100. However, it is anticipated '

. operations and anticipated occurrences, field on this approach. It was generally that such revision would be in the  !

The accident dose limit of 5 rem was agreed that pmbabilistics techniques are nature of a clarification ofits . i placed in a new I 72.68, that defines the adequate to determine potential - requirements and that the rule would l criteria for establishing a controlled seismicity on a regional basis, but these still be applicable to ISFSI siting. ]

area for an ISFSI. The 2. hour criterion techniques are not yet adequately The principle of selecting sound sites '

l was deleted; the controlling design basis developed for application to a specific has been retained in the Anal rule. For

. . accident for the specific ISFSI covered - site. ' . example, floodplains and sites that lie j in the application is to be evaluated. The s As an attemative, the proposed rule within the range of strong nearfield .

• l 5 rem cumulative exposure ilmitis allowed a site specific "g" value to be ground motion from earthquakes on f derived from protective actions determined by the procedures of larger capable faults should be avoided.'  !

c. recommended by epa for projected Appendix A to Part 100, " Seismic and This principle is consistent with the j doses to populations for planning Geologic Siting Criteria for Nuclear recommendations in the " Report of the  ;

purposes.' Power Plants." This provision was in Siting Policy Task Force." NUREG-0625 -

The reference to 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> in Subpart E. " Siting Criteria," and was 23. The IS51 Design Earthquake j paragraph 72.15(a)(13) was deleted; the intended for use in the evaluation of site (IS51-DE). The standardized ISFSI-DE I requirements for the accident analysis characteristics, such as potential soil of 0.25 g for massive structures, such as i section of the SAR were changed to call liquefaction, under earthquake water basins, has been retained in the i for the evaluation of a dose commitment conditions in areas ofiow potential final rule for use at sites east of the l

'due to the event that would take into seismic activity where the use of the. Rocky M'ountain Front that are in areas {

account the total dose from a single standard design earthquake of 0.25 g iflow potential seismic activity and 1 exposure as well as dose reduction due ' was considered to be unduly restrictive :ce do not need to be evaluated by I to protective action. The final rule makes a differentiation -e criteria and level of investigations of 1 In response to comments on the between the regions east and west of Appendix A of 10 CFR part 100. .

spplicability of Appendix I to to CFR ' the Rocky Mountain Front. For sites west of the Rocky Mountain ' l' Part 50 and Part 100 to an ISFSI, approximately 104* west longitude, and Front and in regions in the eastem

)'  ; Appendix I is applicable only to light in the east makes a further Unhed States of known seismic activity. )

water cooled power reactors and Part differentiation between areas oflow the ISFSI-DE must be determined using 1 100 is applicable only to power and test seismic potential and areas of known h level ofinvestigations and the l

' reactors. Neither of these regulations is seismic potential, including, but not iteria of Appendix A of to CFR Part i applicable to an ISFSt. - limited to, New Madrid, Mo.: 100, including the requirement that it be i

22. GeologicolandSeismological Charleston, S.C.: and Attica. N.Y. no less than 0.10 g.  !

Investigations. In the proposed rule, the in areas of low seismic potentialin For an ISFSI that is located on a l

, geological and seismological . the eastern United States, a proposed power plant site which has been

investigation requirements for an ISFSI site will be considered acceptable if the evaluated by the criteria and level of j site were based on the reasoning that it results from onsite foundation and investigations of Appendix A of10 CFR

' Part 100, the ISFSI-DE for structures should be possible to select sound sites geolc,gical investiga tion, litera ture .

for the few ISFSis expected to be built. review, and regional geological shall be equivalent to the safe shutdown i Seismologically, a sound site was reconnaissance show no unstable earthquake (SSE) for a nuclear power i considered one having potential ground geological characteristics, soll stability plant. l

. motion ofless than 0.25 g from problems, or potential for vibratory For ISFSI's which do not involve ,

earthquake with a return period of 500 ground motion at the site in excess of an massive structures, such as dry storage i years. This earthquake potential could appropriate response spectrum . casks and cannisters, the required

• be determined on a probabilistic basis: anchored at 0.2 g. Unstable geological design earthquake will be determined on i.e., read from seismic sonation maps characterktics are defined as capable a case-by-case basis until more r such as those published by the U.S. faults, sur: ace offset potential, experience is gained with the licensing  ;

Geological Survey.8 Uncertainties in subsidem.e or collapse features, uplight of these types of units.

such determinations could be offset by or downwarp, setive tectonism, or 24.ProbabilityBasis Usedfor Other ,

overdesign. landslide or mudflow potential. In the NaturalPhenomeno. Some commenters .

This use of probabilistic techniques western United States and in regions of wanted to go one step further and use a 7 was considered appropriate as a site known seismic potentialin the eastern probabilistic basis for other natural  !

selection criterion: it was not intended United States, the seismicity at a phenomena such as tornadoes and to be used for determining the design proposed site must be evaluated by the floods. It has been common practice in i

• earthquake for structures. Assuming a criteria and level of investigations of the United States to use probable sound site as defined above, the use of a Appendix A of10 CFR Part100,

- maximum events as design bases for i standard design earthquake of 0.25 g " Seismic and Geologic Siting Criteria for radiological safety related structures. -

(which has a return period that is much Nuclear Power Plants." systems, and components. When a greater than 500 years) was considered The conservatism reflected both in the frequene or probabilistic analysis of use of a standard design earthquake of historica data is used to estimate such a

' EPA smh-4.et. %neel of Preissew Achse 0.25 g for the design of structures at sites low probability event, there is generally -

codes and prosecun Accons for Nuclear in areas of low seismic potential or the too much uncertainty to make the 5 Incidenese septesiber, ters. alternative of developing a site specific

. estimate useful for design purposes.

^

riYp[rtM Y E Y M . N ume design earthquake by the very thorough Therefore, the probabb maximum flood, j of Manhaum Accelereuse in Rock in the Ceausuous investigation required by Appendix A of for example,is estimated using United stesser Part 100 is considered necessary and deterministic hydrologic models which a

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{4898 Federal' Register / Vd. 45, M.120 / WIdnied:y, November 12,1980 / ' Rules and Regul:tions utilize meteorologicalinput that Criticality has been a subject of study individual's proficiency to operate approaches the upper limit possible for and experiment in the nuclear industry equipment is considered adequate.

that location, taking into account and has received much attention among 32. Definition of the term existing climate and time of year. nuclear engineers. The technology used Independent". The meaning of the term in evaluating a given desi;;n for " Independent" as used in Part 72 when

, 25. Prequolification o/ Reactor Sites and Their Population Distributions. .eriNiity potentialis now highly applied to an ISFSI that is located on the Some commenters recommended that developed with sophisticated computer site of another licensed facility, was the reactor sites be prequalified with no site codes.These codes have been bench. subject of a number of comments and specific investigations required for an marked by actual measurements in considerable staff discussion.

alector siting of an ISFSI. While a site various kinds of lattices and An ISFSI may be a free-standing, that hat undergone a full safety and configurations of critical arrays of fuel away from-reactor, fully independent i enviroru, ental review and has been elements. Because spent fuel storage type of facility or it may be located on -!'

me site of an existing facility such as a l approve ifor a Part 50 facility is likely to racks are designed with a large safety '

be found acceptable for a properly factor to prevent criticality, the nuclear power plant Such a location designed ISFSI the pre qualification of possibility of a significant criticality in could have the economic benefit of ISFSIis very remote, sharing some utilities, services at.d sites licensed under Part 30 without

29. Application ofAIARA to personnel between the ISFSI and an review in relation to the proposed OccupotionolExposures. Some existing facility on the site.

design of the ISFS! does not seem commenters objected to the application The rule is applicable to either type of prudent. Information on a specific site location and an ISFSI may be provided that has been submitted to the NRC in of the A1. ARA principle to the design of a facility as this might affect with services from an existing facility connection with other licensing actions and still be considered " independent" need not be repeated in a Part 72 license - occupational exposures.These The use of services from an existing application. It can be incorporated by' objections were based on two points:

(1)The thought that ALARA applied facility (i.e., electricity, makeup water, specific references to previous waste treatment, etc.)is allowable submissions, only to public health and safety, and (2) Occupational exposures are provided the Commission finds there is

28. Tronsportotion Considemtions. A , reasonable assurance that the number of commenters considered that controlled by administrative procedures.

construction and operation of the ISFSI the transportation involved in spent fuel in response, the ALARA concept does Will provide adequate protection to the shipments to an ISFS! could be an apply to occupational health protection health and safety of the public from the important consideration in an as specified in 10 CFR Section 20.1(c).

standpoint of both facilities involved.

evaluation of site suitability.This might Furthermore, although it is recognized ^ p sc "

a be particularly true of a large that oc'cupational exposures can be g,cg],, ,t e ted Y installation. The Commission agrees and controlled to some extent by penetration og ge reactor storage pool a new I 72.70 has been added to the rule administrative procedures, design " ' da nelusive to specifically address this point. provisions such as adequate shielding of ho ing at the {, n

7. Missile Pmtection. Part 72 requires so,urces and proper equipment layout to .. independent" and hence is not within protection from natural phenomena with nummize exposures are also important the scope of Part 72 and should be the exception of tomado missues. factors in keeping occupational covered by licensing action under Part Tomado nussue protection at reactors is exposures to a minimum. It is often 50.

~ of concem because rupture of recently impossible to fully compensate for a g3, tje,3,jng gefjon, f3yofyjn, discharged fuel at a reactor could cause poor design using administrative Previously Ucensed Pocilities. There the potential release of volatile shor- procedures. ALARA(andits are now in existence three facilities for predecessor ALAP) has been a lived ratilonuclides, particularly 58'L spent fuel storage that have been

. Since the quan3ty of 18'l present in aged comerstone of radiation protection for subject to previous licensing actions.

fuel at an ISFSIis reduced a factor of many years and it has always been These are:

10' due to radioactive decay in the first considered to apply to all types of G.E.-Morris. Ill.-built under a Part year after discharge, the potential risk exposure, occupational and public. 50 Construction Permit authorization as from the rupture of aged fuelis orders of 30.BroodenedApplicob//ity of a reprocessing plant: spent fuel storage magnitude lower for an 88 I release.The Quo /ity Assurance Progmm. Some now licensed under Part 7&.

radionuclides which could potentially be commenters took objection to what they NFS-West Valley-now licensed released as a result of a tornado missile interpreted as a broadening of the QA under Part 50; event are long-lived "Kr and seg, program, e.g., coverage of operations AGNS-Bamwell. S.C.-built under a However, an accident evaluation in and the physical security system. It is Part 50 Construction Permit NUREG-0575.8 Section 4131 using the Commission's view that a licensee's authorization as a reprocessing plant; conservative assumptions deconstrates QA program must cover not only design but no operating license issued. i that the consequences from the release and construction, but all activities that In the event of an application for use 1 of the nuclides attributable to a tomado are important to safety throughout the of one of the above facilities as an missile would not be significant. Hence. life of a facility, ISFSI, a license would be issued if the a re*uirement for protection from 31. Certification versus Licensing of facility meets the requirements of Pad

' tornado missiles does not appear to be Operoting Personnel. The safety of an 72. Such licensing actions will require justified. ISFSIis achieved by static means. . the preparation of an environmental primarily its configuration. Its safety is impact statement or appraisal under *

28. Criticolity. A number of commenters expreseed concem over the not dependent on dynamic reacticas to conforming amendments of Part 51. In the manipulation of controls like a this regard see i 51.5(a)(10) for issuance i prospect of a criticality in an ISFSL reactor. It is necessary that operating of an initiallicense for storage of spent I personnel be adequately tralned but not fuelin an ISFSI at a site not occupied by l mnat Genenc Enwrennwntet innect siniement co Handhns and Sarase et Spent IJohn Water necessarily licensed by the NRC. A a nuclear power reactor; i 51.5(b)(4) for l anaciar ht. Auguema. certification by the licensee of an issuance of certain amendments to a f l

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, , , il Register [Vd. 45, No. 220 / Wednesday Nsvember 12. 1980 / RulIs and Regulithtts N899

'l liege of spent fuelin an Sec. Subpart " t,u Protection 6 ISS) forissuance of a . 72.12 Ihminados d Rependen.- g,,,

renfor storage of spent fuel 72.13 Febuc Inspection of applications. . 72 M Physical security plan.

72.14 Contents of applicauon: General and

'in i 51.5(b)(9) for issuance financialinformation

?2 N Design for physical protection.

. of tse g,r stor ogspent

• 83 Safeguards contingency plan. .

72.18 Contentsofapphcaden Thal ytes Changes to physical security and

. - fuen the site e nuclear information,

. po'hese environmental safeguards contingency plans.

72.te Contents of applicadon: Technical impnts willinclude an specifications. Subpart I. .TraininW Cwmeegen W evasible alternatives. - 7117 Contents of application: Appucents' ISFSI Pweenned 'i i

Hohe site selection . technical quehfications. 7tes operatorrequirements.

pruisting facility has 72.se Decommissioning plan, including rtas operator training and certification .

" J alreplete no mparative - "I

"" " 8 7gg3 c,j ,,q,g,,,,,,,,

72.20 Environmental report. Authority. The provisions of this Part 72

]

Mere is new information 72.21 Requiredlicensing documents wbr the original site are issued under the Atomic Energy Act of s- evags. In practice, this Subpart C 'n and CondRuens g 1954, as amended, secs, St. 53 as amended. 57 y,,,,,, as amended, a2,63, as, es. 81 as amended, metative sites need not be Selb. h. i, o 182a as amended.1s3 as revit the existing facility 7131 !ssuance oflicenses.

72.32 Duration of heense: Renewal. - amended,184 as amended. tes,1s7 Pub.L w0:1 for alting 72.33 1.icanse conditions.83-703,08 Stat. 929. 930 as amended by 71

comlyif the siteinvolved 72.34 Public hes&ss. Stat. 576. 72 Stat. 632 and 79 Stat. 801832 as fontable with respect to . Fras Chanses, tests, and experimeus, amended by 7s Stat. sos and as Stat. e75,933, eithwironmentalimpact 72.se Transferoflicenses. 934. 935 as ameded by se Stat. 475 sad 92 Credi neul Stat. 303e, 948,963 sa amended by 1Y 5 tat.

rrenewalof the 2.38 Appli dons for ermination of I ' " 8 liceE.--Morris facility ~ 188'****- USb27 3 1 *m'e ,

72.30 Appucadon fw sendment dDeense. 2111,2201(b), th), (1). (o). 2232,2233,2234 undt 70 was received on 2236,2237): sec. 234. Pub. L 91-161. 43 Stat.

Feb and has been under 72m Ismnce damendment.

72.41 caum rev cada and 444 (42 U.S.C. 22a21: sec. 274c, se amended.

rev: time. As to CFR Part *

• pen n hcenses. Pub. L as-273. 73 Stat. ses as amended by 72 Ifective prior to 7142 Ba Pub. L 95-804,92 Stat. 3036 (42 U.S.C. {

com licensing action, such 20.+1(c)); under sec.102(2)(C) of the National i licerill proceed pursuant to Subpart D-Records, Reports, inspecdona Environmental Policy Act of 1980. Pub. L 91-and Enforcement l Ci h specigcah . 190. 83 Stat. 853 (42 U.S.C. 43321 sad under -

des' spent fuel storage in 72.50 Safety analysis report updating. the Energy Reorganization Act of1974, as 72.51 Material balance, inventory and ')

an hpected to result in amended, sec. 201, as amended. 202, and 206, records requirements for stored Pub. L 03-438 as Stat.1242, as amended by

. somfela materials, Moqs. ys in the G.E.- ' so Stat. 413,1243.124s (42 U.S.C. 5e41,5e42, 72.52 Reports of accidental criticality or loss 5846).

PiAtomic Energy Act of of special nuclear material.

i 1954 the Energy 72.53 Material status reporta.

Subpart A-GeneralProvisions

! Reoct of1974, as amended, 72.54 Nuclear material transfer reports. 9 72.1 Purpose.

72.5s other records and reports. I

, andmd 553 of title 5 of the  ;

Unite, the following new 72.5s octions and tests. The regulations in this part establish Part! conforming g g, amerts 51,70,73 and 150 for the issuance of licenses to possess Subpart E-Siting Evaluation Facters

. to Cle 10, of the Code of power reactor spent fuel and other 72.61 General Considerations. radioactive materials associated with Fedns are published as a 72.62 Design basis external natural events.

docito codification. 72.83 Design basis external man. induced spent fuel storage, in an independent 2.t Part 721s added to events. .

spent fuel storage installation (ISFSI),

read ,

72.64 dentifyingiegions around an ISFSI and the terms and conditions under -

which the Commission willissue such l PAftlNG 72.85 Defining potential effects of the IBFSI licenses.

RECFOR THE STORAGE on the region, g 73,3 g ,,,

OF IN AN INDEPENDENT ' 7tes Geological and Seismological SP E characteristics. (a) Licenses issued under this Part are INS 18FSI) 72.07 Criteria for radioactive materials la limited to the esession of power effluents and direct radiation from an reactor spent el to be stored in a Sube Provielens ISFSt.

complex that is designed and 72.e8 Controlled area of an ISFSI.

9m ,

72.00 ISFSI emergency planning zone.

constmcted specifically for ine

'( Penduel transpwtadon. tempora storage of power reacIor

' 72] ,

' spent fue aged for at least one year, and l 72.3 Subpart F-General Design Cetterla to the possession of other radioact!ve i 72.4 as.

j 72.71 General considerations. materials associated with spent fuel i

• 72.8 6 - 72.72 Overall requirements. storage.

L 72.0 id: types oflicenses. 72.73 Criterie for nuclear cridcolity safety.

]

72.7 itions. (b) The regulations in this part apply l

. 7174 Criteria for radiological protection. to all persons in the United States, 72.8 sing by agreement states. 72.75 Criteria for spend fuel and radioactive I including persons in Agreement States.

Subp Appneation, Form, and Cont 72.7s trfsi ning. (c) The re ufrements of this regulation are applicab e, as appropriate, to both 7111 cadons for specific Subpart Mr, Assurenes llaffirmation. . 72.a0 Quality assurance progranu records, wet and dry modes of storage of spent Il fuel. I

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7c/gp ' Federal Register /'Vol. 45. No. 230 / Wedriesday. .Noveniber 12,1900 / Rules,and Regulations

[

! - (d) Licenses covering the storage of - the specific values or ranges of values (o)"NEPA"means the National i spent fuelin an existing spent fuel chosen for controlling parameters as Environmental Policy Act of t989

. : storage facility shall be issued in ' reference bounds for desl6n.These including any amendments thereta.

!' . accordance with the requirements df values may be restraints derived from (p) " Person" means (1) any individual, this part as etated in i 72.31. generally accepted" state-of the-art" n corporation, partnership, firm.

practices for achieving functional goals association, trust, estate, public or -

173.3 Dennitions. - -

or requirements derived from analysis private institution, group, Government i

As used in this part:(e)"Act" means (based on calculation or experiments) of agency other than the Nuclear the Atomic Energy Act of1954 (68 Stat. the effects of a postulated event under .. Regulatory Commission or the .

919) including any amendments thereto. which a structure, system, or component Department of Energy (DOE), exaspi (b)"As low as is reasonably- must meet its functional goals.The that the DOE shall be considered a achievable"(ALARA) means as low as values for controlling parametern for person within the meaning of the <

is reasonably echievable taking into external events include: (1) estimates of regulations in this part to the extent that e i:

accosnt the state of technology, and the severe natural events to be used for its facilities and activities are subject to

- economics of improvements in relation - deriving design bases that will be based the licensing and related regulatory to (1) benefits to the public health and on consideration of historical data on authority of the Commission pursuant to a.

safety. (2) other societal and the associated parameters, physical Section 202 af the Energy socioeconomic considerations, and (3) data, or analysis of upper limits of the Reorganization Act of1974 (88 Stat.

s the utilization of atomic energy in the physical processes involved and (2) 1244):(2) any State; any political .

public interest. estimates of severe external man. - subdivision of a state. or any political (c)" Atomic energy" means all forms induced events to be used for deriving entity within a State. (3) any foreign of energy released in the course of ~ design bases that will be based on government or nation, or any political nuclear fission or nuclear analysis of human activity in the region subdivision of any such government or transformation. ' taking into account the site nation, or other entity; and (4) any legal (d) " Byproduct material" means any ? characteristics and the risks associated successor, representative, agent, or radioactive material (except special - with the event. .

agency of the foregoing.

nuclear material) yielded in, or made (J) " Design capacity" means the (q) " Population" means the people radioactive by exposure to, the radiation quantity in metric tons of spent fuel. its that may be affected by the change in incident to the process of producing or maximum burnup in MWD /MTU, and environmental conditions due to the utilizing special nuclear materlat the total hea t generation in Btu per hour construction, operation, or (e) " Commission" means the Nuclear that an ISFS!is designed to decommissioning of anISFSL Regulatory Commission or its duly accommodate. (r) " Region" means the geographical authorized representatives. . (k)" Floodplain" means the lowland area surrounding and including the site, (f) " Commencement of construction" and relatively flat areas adjoining inland which is large enough to contain (1) all means any clearing ofland, excavation. and coastal waters including flood. the features related to a phenomenon or or other substantial action that would prone areas of offshore islands. Areas to a particular event that could adversely affect the natural environment subject to a one percent or greater potentially impact the safety of the of a site, but does not mean: chance of flooding in any given year are ISFSI and (2) all measurable effects of (1) Changes desirable for the included. environmental impact, both radiological temporary use of the land for public (1)" Historical data" means a and nonradiological, that are due to the recreational uses, necessary borings or compilation of the available published construction, operation or excavations to determine subourface and unpublished information c6ncaming decommissioning of anISFSL materials and foundation conditions, or a particular type of event. (s)" Site" means the real property on other preconstmetion monitoring to (m)" Independent spent fuel storage which the ISFSIis located.

establish background information installation"(ISFSI) means a complex (t) " Source material" means (1) related to the suitability of the site or to designed and constructed for the storage uranium or thorium, or any combination the protection of environmental values: of spent fuel and other radioactive thereof,in any physical or chemical (2) Construction of environmental '

materials associated with spent fuel form or (2) ores that contain by weight monitoring facilities: storage. An ISFSI which is located on one-twentieth of one percent (0.05%) or (3) Procurement of manufacture of the site of another facility may share more of (i) uranium, (ii) thorium, or (iii) components of the installation: or . common utilities and services with such any combination thereof. Source

, (4) Construction of means of access to a facility and be physically connected material does not include special the site as may be necessary to with such other facility and still be nuclear material . .

accomplish the objectives of sections (1) considered to be independent prov/ded (u) "Special nuclear material"'meens and (2) above.- . that such sharing of utilities and (1) plutonium, uranium 233. uranium (g)" Confinement systems" means services or physical connections does enriched in the isotope 233 or in the those systems, including ventilation, not (i) increase the probability or isotope 235, and any other material that act as barriers between areas consequences of an accident or which the Commission, pursuant to the containing radioactive substances and malfunction of components, structures provisions of section 51 of the Act. '

the environment. or systems that are important to safety; determines to be special nucSar (h)" Controlled area" means that area or (ii) reduce the margin of safety as material, but does not include source immediately surrounding an ISFSI for ' defined in the basis for any technical material or (2) any material artificially which the licensee exercises authority specifications of either facility." enriched by any of the foregoing but * .

over its use and within which ISPSI - (n)"lSFSI emergency planning zone" does not include source material -l operations are performed. (ISFSI-EPZ) means that area in the (v)" Spent fuel" as used in this Part i (i) " Design bases" means that vicinity of an ISFSI within which means irradiated nuclear fuel that has 1 information that identifies the specific protective action measures may be undergone at least one year's decay functions to be performed by a structure, needed in the event of an accident at en since being used as a source of energy in system. or component of a facility and ISHiL - - -

a power reactor. Spent fuel includes the

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Federal Register / Vol. 45, No. 220 / Wednesday. November 12,1980 / Rules and Regulations '/4701 973.7 speeNieexampdeas. , regulations contained in Part 2 and Part

,. special nuclear anatorial, byprodect Li material, source material, and other : The Comadssion may, upon 9 of this chapter. -

l I

radioactive materials associated with ' application by any interested person er i 71.14 Contents of appuostion: Generad

- upon its own initiative, grant such and financialinformatten.

fuel assemblies.

(w) " Structures, systems, and exemptions from the siquirements of the Each application shall state:

components important to safety" means regulations in this Part as it determines (a) Full name of applicent:

those features of the ISFS! whose are authartsed bylaw and will not (b) Address of applicant; function is (1) to maintain the conditions endanger life or property be the common (c) Description of businees or required to store spent fuel safely, (2) to ' defense and security and are otherwise occupation of applicant:

prevent damage to the spent fuel during in the publicinterest. (d)If applicantis:(1)anindividual:

handli and storage, or (3) to provide citizenship and age:

• reasona le assurance that spent fuel gg ggu g. -----m (2) a partnership: name, citizenship, shka, can be recalved, handled, atored and and address of each partner and. the Agreement States may not g, sue g retrieved without undue risk to the the etwage of spent

! health and safety of the pubbc. (cgs co partnership does business: .

r- (x)" Temporary storage means the (3) a corporation or an unincorporated

, interim storage, protection, and Subpert B-Ucense Appilcation, Form, association:

safeguarding of spent fuel and Contents (1) the State in which it is incorporated radioactive materials associated with -

or organized and the principallocation spent fuel storage, for a limited time 17tti Filing of appecations for spessis at which it does business; and licenses; enth er affe '

only, pending its ultimate disposal. (ii) the names, addresses, and

' ' I*I

,gice(se citizen 8 hip ofits directors and principal

'I 72.4 Communications. ,

fefdm n theof, er omms; w

. Except where otherwise specified, all this Part should be filed with the <

communications and reports concerning (4) acting as an agent or Director, Division of Fuel Cycle and ,

representative of another person in Illing the regulauons in this Part and MaterialSafety Omce of Nuclear the application

the identification of the applications filed under them should be Material Safety and Safeguards U.S.

addresed to The Nuclear Regulatory principal and the information required Nuclear Regulatory Commission, under this paragraph with respect to Commission. Office of Nuclear Materials Washington, D.C. 20555.

such principal.

Safety and Safeguards. Division of Fuel Applications, communications, r eports Cycle and Material Safety Washington. and correspondence may also be - (e)Information sumcient to

- D.C 20555. Communications, reports, delivered in person at the Commision's demonstrate to the Commission the and applications may be delivered in offices at 7915 Eastern Avenue. Silver financial qualifications of the applicant person at the Commission's Offices at Spring, Maryland, or at 1717 H Street. to carry out,in accordance with the 7915 Eastarn Avenue, Silver Spring. NW., Washington, D.C. regulations in this chapter, the activities for which the license is sought. This Maryland. or at 1717 H Street, N.W (b) Oofh or offirmation. Each application for a license or license information shall state the place at Washington, D.C.

amendment (including amendments to which the activity is to be performed.

i . - -

""~'" the general plan for carrying out the

• such applications) shall be executed in

, Except as specifically authorized by an original signed by the applicant or activity, and the period of time for the Commission in writing. no ' - which the license is requested.The

, duly authorized omeer thereof under-information shall show that the interpretation of the meaning of the oath or affirmation.

regulations in this part by an omcar or (c) Numberofcopies of applicadons. applicant either possesses the necessary ,

employee,of the Commission, other than Each filing of an application for a funds, or that the applicant has a written mterpretation by the Ceneral license or license amendment under this reasonable assurance of obtaining the Counsel, will be recognized to be Part (including asnendments to such necessary funds: or that by a l' binding upon the Commission.

~

applications) shall include, in addition combinauon of the two, the applicant l will have the necessary funds available to the signed originals, the documents  ;

l72.8 Woonse required; types of menness, to cover the following- i e listed in i 72.21.

(d) Fees. The application, amendment. (1) Estimated construction costs:

5 t s: gen de Any eneral and renewal fees applicable to a license. (2) Estimated operating costs over the  ;

artis ef$ective covering the storage of spent fuel in as planned life of the ISFSI ccmplex; and  :

license providedin ith ut the fili f this ficati wfth t ISFSI are those shown in i 170.31 of this (3) Estimated shutdown and the C,ommission o the esuance of . . chapter. decommissioning costs, and the +

licensing documena to particular necessary Anancial arrangements to persons. Specific licenses are issued to I72.12 gamination of n "

named persons upon applications filed In any application under this part, the f; , ,gfg s u do

' emace decontamination, and decommissioning . j

• e I here issued @o *$ ao "'d nan previ "' '  !

to reonive title to and own spent fuel applications, statements, or reports filed spen fue from storage. j without regard to quantity, with the Commission:Provided, that

' I 72,15 Contentsof appuontion:Technised l (c) No person may acquire, receive, or such references are clear and specific. Infonnetton. ,

t possess spent fuel or radioactive -

material associated with spent fuel for 9 7tts Pubne inspection of appeestions. (a) Each application for a license the purpose of storage in an independent Applications and documents under this part sha!! include a Safety spent fuel storage installation except es submitted to the Commission in Analysis Report describing the proposed authorized in a specific license issued' connection with applications may be ISFSI for the storage of spent fuel, i by the Commission in accordance with made available for public inspection la including how the ISFSI will be i

,- the regulations in this part accordance withprovisions of the operated, The minimum information to i l

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, h4702 F:deral Resister / Vtl. 45, N 220 / Wedn:sd , NovImber 12, 1980 / Rulis and Regulations be included in this report shall consist of will be probable license conditions and accidents or natural phenomena events the following: technical specifications. Such subjects that result in the release of radioa'ctive (1) A description and safety shall cover the design, construction, material to the environment or direct assessment of the site on which the operation, and decommissioning of the radiation from the ISFSI.The -

ISFSI is to be located, with appropriate ISFSI. calculations of individual dose or dose attention to the design bases for (8) A plan for the conduct of commitment shell be performed for -

external events. Such assessment shall operations, including the planned . direct exposure, inhalation, and contain an analysis and evaluation of managerial and administrative e.ontrols ingestion occurring as a result of the the major structures, systema, and system, and the applicant's postulated design basis event.

components of the ISFS! that bear on the organization, and program for training of suitability of the site when the ISFSIis personnel pursuant to Subpart I of this II4I A d dU fD li operated at its design capacity. lf the Part. assurance prog a to be app! ed o the

. proposed ISFSlis to be located on the (9)If the proposed ISFSIincorporates design, fabrication. construction, testing.

and operation of the structures, systems. l site of a naclear power plant or other licensed facility, the potential . important structures, systems, to safety or combnents whose and components of the ISFSlimportant etional to safety, as required by I 72.80. The l

interactions between the ISFSI and such adequacy or reliability have not been other facility shall be evaluated, demonstrated by prior use for that description of the quality assurance .

(2) A description and discussion of the purpose or cannot be demonstrated by program shallidentify structures. .

ISFSI structures with special attention to reference to performance data in related systems and components important to design and operating characteristics, applications or to widely accepted safety and shall show how the criteria in ,

unusual or novel design features, and engineering principles-an identification Appendix B to part 50 of this chapter l principal safety considerations, of such structures, systems, or will be applied to those safety.related -

(3)ne design of the ISFSIin components along with a schedule components, systems, and structures in sufficient detail to support the findings showing how such safety questions will a manner consistent with their in i 72.31, including: be resolved prior to the initial receipt of importance to safety.

(i) ne design enteria for the ISFSI spent fuel for storage at the ISFSI. (15) A description for the detalle'd pursuant to Subpart F of this part, with (10)The technical qualifications of the security measures for physical identification and justification for any applicant to engage in the proposed additions to or departures from the - protection, including design features and activities, as required by I 72.17 of this the plans required by Subpart H of this general design criteria: Part. pg I

(ii) The design bases and the relation (11) A description of the applicant's of the design bases to the design criteria: plans for coping with emergencies, as (16) A description of the program (iii)Information relative to materials required by 172.19 of this part. covering preoperational testing and of construction, general arrangement. (12) A description of the equipment to initial operations.

dimensions or principal structures, and be installed to maintain control over (17) A description of the descriptions of all structures, systems, radioactive materials in gaseous and decommissioning plan required under and components important to safety, in liquid effluents produced during normal l 72.18 of this Part.

sufficient detail to support a finding that operations and expected operational the ISFSI will satisfy the design bases occurrences. The description shall 572.18 contents of appucation:Techruces with an adequate margin for safety; and identify the design objectives and the 'P'* *** d'"*-

(iv) Applicable codes and standards. means to be used for keeping levels of Each app!! cation under this Part shall (4) An analysis and evaluation of the radioactive materialin effluents to the include proposed technical design and performance of structures, environment as low as is reasonably specifications in accordance with the systems, and components important to achievable and within the exposure requirements of f 72.33 and a summary )

safety, with the objective of assessing limits stated in i 72.67 of this part.The statement of the bases and justifications the impact on public health and safety , description shallinclude: for these technical specifications, resulting from operation of the ISFSI and including determination of: -

of(the principal radionuclides expected 1) An estimate 5 72.17 Contents of the quantity of apptication: of each (l) the margins of safety during normal to be released annually to the Applicant's technical quanfications.

operations and expected operational environment in liquid and geseous Each cpplication under this Part shall occurrences durire; the life of the ISFSI: effluents produced during normal ISFSI include: ta) The technical qualifice.tions, cnd' operations; and prior to the first receipt including training and experience, of the .

(11) the adequacy of stnictures, of spent fuel, a second estimate applicant to engage in the proposed l systems, and components provided for confirming the original estimate or,if the activities. l the prevention of accidents and the expected releases and exposures are '

mitigation of the consequences of (b) A description of the personnel significantly different from tLe original training program required under Subpart accidents, including natural and manO estimate: 3 og g33, p,g -

made phenomena and events. (11) A description of the equipment (5) De means for controlling and and processes used in radioactive wastt (c) A description of the applicants, limiting occupational radiation systems; and Operating organization. delegations of i exposures within the limits given in Part (iii) A general desbiption of the responsibility and authority, and the 1 20 of this chapter, and for meeting the provisions for packsging. storage, and minimum skills and experience I objective of exposures as low as is disposal of solid wastes containing qualifications relevant to the various a reasonably achievable, radioactive materials resulting from levels of responsibility and authority.

(6) The features of ISFSI design and treatment of gaseous and liquid effluents (d) A commitment by the applicant to l operating modes to maintain low waste and from other sources. have and maintain an adequate '

volumea. (13) An analysis of the potential dose complement of trained and certified (7) An identification and justification or dose commitment to an Individual plant personnel prior to the receipt of for the selection of those subjects that outside the controlled area from , spent fuel for storage.

O 4

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. . Federal Register / Vtl. 45, No. 220 / Wrdnesd:y. N:vember 12.19d0 / Ruhs and Regul:ti:ns 74703

. I 72.18 DecommisalonW plan,includia9 s.,,,, o, ,. em of sisans public and (ii) such activities will be anancing. a=== '**' conducted la compliance with the (a) Each application under this part noe en e wemme so applicable regulations of this Chapter:

shallinclude a proposed s e'=sr== *. - s and .

J decommissioning plan that containa .

(14)The issuance of the license will j

.sa,,,,,,,.,,,

sufficient information on proposed e rw.c. - s=n. .s n. .msms s,. smear not be inimical to the common defense i practices and procedures for ths 8""*"**" and security.

decontamination of the site and , (b) Grounds for denial for a license to facilities and for disposal of residual store spent fuelin the proposed ISFSI radioactive materials after all spent fuel *. Subpart C-Issuance and of Ucenses mayCondh be commencement of construction has been removed,in order to provide ,

prior to a conclusion or finding by the (a) Except as provided in paragraph Director of the Office of Nuclear decont m na io an d ssioning (c) of this section, the Commission will Materials Safety and Safeguards or his l of the ISFSI at the end ofits usefullife issue a license under this Part upon a designee or after a public hearing, the will provide adequate protection to the Presiding Office. Atomic Safety and r health and safety of the public.This determination that the application for a license meets the standards and Licensing Board, or the Commission plan shallidentify and discuss those acting as a collegial body, as design features of the ISFSI that requirements of the Act and the . 4 regulations of the Commission, and upon appropriate, on the basis ofinformation facilitate its decontamination and fued and evaluations made pursuant to decommission!ng at the end of its useful finding that: - '

(1) The applicant's proposed ISFSI Part 51 of this chapter, and after life design complies with Subpart F of this weighing the environmental, economic. -

(b)The decommissioning plan shall part. technical and other benefits against include the financial arrangements made g

• ts a e by the app! can to vid reasonable th ed u E of b} Pa t- 'htal c

' l f Power called for is the issuance of the ec ntamina ion and d commissioning Ifn d , l proposed license with any appropriate l of the ISFSI will be carried,out. facility. the proposed ISFSI would not conditions to protect environmental E

[ 72.19 Emergency plan, pose an undue risk to the safe operation values, t I

An application to store spent fuelin c d ac y r fa (c) For facilities that have been an ISFSI shallinclude plans for coping (4)The applicant is quabed by covered under previous licensing actions with emergencies. These plans shall reason of training and experience to including the issuance of a Construction contain the elements that are listed in conduct the operation covered by the Permit under Part 50 of this chapter, a Section IV. " Content of Emergency regulations in this Part; reevaluation of the site is not required  ;

Plans." of Appendix E to Part 50 of this (5) The applicant's proposed operating except where new Information is chapter. procedures to protect health and to discovered which could alter the ,

minimize danger to life or property are original site evaluation findings. In this

, l 72.20 Environmental 6 adequate: case, the site evaluation factors Each application for a license under (0) The applicant is financially invnived will be reevaluated.

this part shall be accompanied by an qualified to engage in the proposed ,

- Environmental Report which meets the activities in accordance with the $ 72.32 Duratio'nof scense, renewal.  ;

requirements of Part 51 of this chapter. regulations in this Part; (a) Each license issued under this Part

( )The applicant's ality assurance shall be for a fixed period of time to be ,

- l 72.21 Required ucensing documents. plan complies with Su part G of this specified in the license but not to exceed

,, % Part: 20 years from the date of issuance. ,

8=cson coeu"=" on (8) The applicant's physical protection Licenses may be renewed by the  !

provisions comply with Subpart H of Commission at the expiration of that >

e La=* Aa*aan_ ss a this Part; period upon application of the licensee.

, ns s. n.eu. m (9) The applicant's personnel trainL,g  !

(b) Applications for,renewalof a nis t __ s a program complies with Subpart I of this license should be filed in accordance l n is en-o.nc, m.n u ~m Part: wih applicaW provisions of I nJo Enwonmenw Repen *_ 180 (10) The applicant's decommissioning '

Subpart B of this Part at least two Years 72.3s(bl Reoort W tsFsa as a p]an and its financulg pursuant to D'*

• I 72.18 of this Part provide reasonable prior to the expiration of the existing

- n u n _ _ 4, Y=.'"'"w ss s assurance that the decontamination and license. Information conta ned in  ;

""'**L'"*" decommissioning of the ISFSI at the end previous applications, statements, of i

" "

• reports filed with the Commission under Y.m.'n"." a*n w ofits usefullife will provide adequate ,

< La=* protection to the health and safety of the the license may be incorporated by i nm u. m a bli reference: Provided. that such references i n so o =ev 4 =n as (11fThe applicant's emergency plan are clear and specific.  !

• • • " " complies with i 72.19 of this Part: (c)In any case in which a P::ensee, s

nar D .**'"'

o-on = m v=cm w (12) The applicable provisions of Part 170 of'this chapter have been satisfied:

not less than 2 years prior to expiration of his existing license, has filed an

' man ".\s nas (13) There la reasonable assurance application in proper form foe renewal sN.ne"y coneae that (1) the activities authorized by the of a license, such existing license shall  !

" " license can be conducted without not expire until a final decision

• • N,,",,",,",*'"'

,, , i conw ,.ney n.n. endangerins the health and safety of the concerning the application for renewal i

. has been made by the Commission. ,

^

l l

7 i

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-'74704 Federal Register / Val 45 Ni 220 / WednIsday Nevsmber 12 1980 / Rul:s and Regulations

[

$ 72.3g IJoonae conditlene, uncontrolled rolesse of radioactive' - dose commitment to the public resulting '

from effluent releases. On the basis of sh(all include license conditions. Wa) andEach limitinglicense issuedfor control settings under this part an ISFS! . suchmaterials.

reports and(ii) anyMonitoring additional instruments * - ,

, - license conditions may be derived from ~ are those related to fuel handling and information the Commission may obtain  !

the analyses and evaluations included storage conditions having significant from the licensee or others, the .  !

- in the safety analysis report and safety functions. - Commission may from time to time  :

- amendments thereto submitted pursuant (2) 1.imiting conditions. l.lmiting require the licensee to take such action  ;

to 6 72.15 of this part.1.icense conditions conditions are the lowest functional as the Commission deems appropriate.

pertain to design, construction and capability or performance levels of, - (e) ne licensee shall make no change operation.The Commission may also equipment required for safe operation. that would decrease the effectiveness of _l include such additionallicense (3) Surveillance requirements. the physical security plan prepared i conditions as it finds appropriate. Surveillance requirements include: (1) pursuant to I 72.81 of this Part without r;

-(b) Every license issued under this inspections of spent fuelin storage and the prior approval of the Commission. A >

Part shall be subject to the following' monitoring: (ii) inspection, test and licensee desiring to make such a change  ;

- conditions, even if they are not calibration activities to ensure that the shall submit an application for an .

explicitly stated therein: necessary integrity of required systems, amendment to the license pursuant to l (1) Neither the license nor any right - components and the spent fuelin I 72.39 of this Part. A licensee may make i thereunder shall be transferred, storage is maintained: (!!!) confirmation changes to the physical security plan

• i assigned, or disposed of in any manner, ' that operation of the ISrSlis within the without prior Commission approval. l e:ther voluntarily or involuntarily. - required functional and operating limits: provided that such changes do not directly or indirectly, through transfer of and (iv) a confirmation that the limiting decrease the effectiveness of the plan.  !

control of the license to any person, conditions required for safe storage are The licensee shall fumish to the unless the Commission shall, after met. Commission a report containing a s securing full information, find that the (4) Design features. Design features description of each change within two j transfer is in accordance with the include items that would have a months after the change is made, and significant effect on safety.if altered or shall maintain records of changes to the ,

provisions give of the its consent Atomic Energy Act and . modified, such as materials of in writing, plan made without prior Commission i (2) The license shall be subject to construction and geometric approval for a period of two years from {

revocation. suspension, modification, or arrangements. the date of the change. j amendment in accordance with the (5) Administrative controls. (f) A licensee shall follow and  :

procedures provided by the Atomic Administrative controls include the maintain in effect an emergency plan i Energy Act and Commission regulations, organization and management that is approved by th'e Commission.  !

(3) Upon request of the Commission, procedures, recordkeeping, review and The licensee may make changes to the e the licensee shall, at any time before audit and reporting necessary to assure approved plan without Commission I expiration of the license, submit written that the operations involved in the approval only if such changes do not  !

statements. signed under oath or storage of spent fuelin an ISFSI are decrease the effectiveness of the plan,  !

affirmat!on, to enable the Commission to performed in a safe manner. and if the plan, as changed, continues to  !

determine whether or not the license (d) Each license authorizing the contain the elements of Section IV of 5 should be modified, suspended, or storage of spent fuels under this Part Appendix E of to CFR Part 50. Within I revoked. shall include technical specifications six months after any such change is I (4) Prior to the receipt of spent fuel for that, in addition to stating the limits on made, the licensee shall submit a report i storage at an ISFSI. the licensee shall the release of radioactive materials for contairing a description of any changes j

- have in effect an NRC-approved compliance with limits of Part 20 of this made in the plan to the appropriate NRC ,

program covering the training and chapter and the "as low as is reasonably regional office specified in Appendix D I certification of ISFSI personnel that achievable objectives" for effluents, to Part 20 of this chapter with a copy to r meets the requirements of Subpart I of require that: -

the Director, Office of Nuclear Material this Part. (1) Operating procedures for control of Safety and Safeguards. Proposed l ,

(5) ne licensee shall permit the effluents be established and followed, changes that decrease the effectiveness i operation of the sabty-related . and equipment in the radioactive waste of the approved emergency plan shall - k equipment and controls of the ISFSI only treatment systems be maintained and not be implemented unless the licensee l by personnel whom the licensee has used, to meet the requirements of I 72.67 has received prior approval of such  !

certifled as being adequately trained to- of this Part: changes from the Commission. I perform such operations, or by (2) An environmental monitoring 1 uncertified personnel who are under the program be established to ensure 1 72.34 pubec hearings. j direct visual supervision of a certified compliance with the technical (a)In connection with each individual. specifications for effluents: and application for a license or an  !

(c) Technical specifications submitted (3) An annual report be submitted to amendment to a license under this Part, )i pursuant to 5 72.16 of this Part shall the appropriate regional office specified the Commission shall issue or cause to include requirements in the following in Appendix D of Part 20 of this Chapter, be issued a notice of hearing in '

I categories: with a copy to the Director, Office of accordance with 12.104, or a notice of l

(1) Functional and operating limita Nuclear Material Safety and Safeguards, proposed action in accordance with and monitoring instruments and limiting . within 60 days after January 1 of each 6 2.106, of this chapter, as appropriate. '

control settings. (i) Functional and year, specifying the quantity of each of #

Except as provided in paragreph (b) of j operating limits for an ISFSI are limits ' the principal radionuclides released to this section, a hearing may not be held on fuel handling and storage conditions the environment in 11guld and in gaseous until after 30 days' notice and that are found to be necessary to protect effluents during the previous 12 months publication once in the Federal Register, the integrity of the stored fuel, to protect of operation and such other information (b)In the absence of a request for employees against occupational as may be required by the Commission hearing by any person whose interest exposures and to guard against the to estimate maximum potential radiation may be affected, the Commission may L .

l

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. . Federal Register / Vcl. 45, Nr. 220 / Wsdnesday, Novxmber 12, 1980 / RulIs and Regulati ns 74705

~

t issue a license or an amendment to a with a copy to the Director, Office of (1) That the proposed transferee is l' license without a hearing upon 30 days' Nuclear Material and Safeguards, a qualified to be the holder of the license; j notice and publication once in the report containing a brief description of and Federal Register of its intent to do so. such changes, tests, and experiments, (2) That transfer of the license is The Commission may dispense with including a summary of the safety consistent with applicable provisions of such 30 days' notice and publication evaluation of each. Any report the law, and the regulations and orders with respect to an application for an submitted by a licensee pursuant to this issued by the Commission pursuant amendment to a license issued under paragraph will be made a part of the thereto, this Part upon a determination by the public record pertaining to this license.

CommisWon that the amendment does I # N (c) The holder of a license issued (a) Pursuant to sudon W oMe Act, not involve a significant hazards consideration or an unreviewed safety under this Part who desires (1) to change the Commission consents, without the license conditions, (2) to change the individual application, to the creation of question.

ISFS1 or the Procedures described in the any mortgage, pledge, or other lien on

$ 72.35 Changes, tests and experiments. Safety Analysis Report, or (3) to conduct special nuclear material contained in

, (a)(1) The holder of ? %e issued tests or experiments not described in the spent fuel not owned by the United -

under this Part may, withem prior Safety Analysis Report that involve an States that is the subject of a license or Commission approval unless the unreviewed safety question, a on any interest in such special nuclear proposed change, test or experiment significant increase in occupational materialin spent fuel: Provided:

Involves a change in the license exposure, or sighificant unreviewed (1) That the rights of any creditor so conditions incorporated in the license. environrnental impact. shall submit an secured may be exercised only in an unreviewed safety question, application foremendment of the compliance with and subject to the same significant increase in occupational license, pursuant to 5 72.39 of this Part. requirements and restrictions as would exposure or a significant unreviewed apply to the licensee pursuant to the l 72.36 Transfer of licenses, environmental impact: (i) make changes provisions of the license, the Atomic in the ISFSI described in the Safety (a) No license or any right included in Energy Act of1954, as amended, and Analysis Report. (ii) make changes in a license issued under this Part shall be regulations issued by the Commission the procedures described in the Safety transferred, assigned, or in any manner pursuant to said Act: and Analysis Report, or (iii) conduct tests or disposed of, either voluntarily or . (2) That no creditor so secured may experiments not described in the Safety involuntarily, directly or indirectly. take possession of the spent fuel Analysis Report. through transfer of control of the license pursuant to the provisions of this section (2) A proposed change, test, or to any person unless the Commission prior to either the issuance of a license experiment shall be deemed to involve gives its consent in writing. from the Commission authorizing such an unreviewed safety question (i)if the (b)(1) An application for transfer of a possession or the transfer of the beense.

probability of occurrence or the license shallinclude as much of the (b) Any creditor so secured may apply consequences of an accident or information described in il 72.14 and for transfer of the license covering such malfunction of equipment important to 72.17 of this Part with respect to the spent fuel by filing an application for safety previously evaluated in the identity and the technical and financial transfer of the license pursuant to Safety Analysis Report may be qualifications of the proposed transferee i 72.36(b). The Commission will act increased:(ii)if a possibility for an as would be required by those sections upon such application pursuant to

' accident or malfunction of a different if the application were for an initial l 72.36(c).

type than any evaluated previously in license. The application shall also (c) Nothing contained in this the Safety Analysis Report may be include a statement of the purposes for regulation shall be deemed to affect the created; or (111)if the margin of safety as means of acquiring, or the priority of.

e a s for any technical which the transfer of the license is efinjd requested and the nature of the any tax lien or other tien provided by transactiu necusHaung a maleg law.

(b)(1) The 11censee sha11 maintain (d) As used in thl section," creditor" desirable the transfer of the license.

(2) The Commission may require any meludes, without implied limitation, the

$angesi procedur s made ursuan to person who submits n application for tmstn un u an mortgage, pledge, or e

this section if such changes constitute lien on spent gue in storage made to changes in the ISFSI or procedures the transfer of a licena pursuant to the described in the Safety Analysia> Report. provisions of this section to file a tmstee a The licensee shall also maintain records written consent from the existing secureofany receiver suchmedHon spent ankel appointed b licensee, or a certifled copy of an order a court of co pete t j sdiction in any of tests and experiments carried out ,

pursuant to paragraph (a) of this section. or judgment of a court of competent c e itor secured by such mortgage, These records shall include a written jurisdiction, attesting to the person's right-subject to the licensing- p ge, m ten: any pu aser of suc safety evaluation that provides the l ' 'h e e upon bases for the determination that the requirements of the Act and these {P',"c ure of d regulations-to possession of the spent

, pledge or change, test, or experiment does not g fuel and the ISFS! involved. gI'n Power of involve an unreviewed safety question. ,,;, o[u on '

ned e or any ,

The records of changes in the ISFSI and (c) After appropriate notice to of any such purchaser.

of changes in procedures and records of interested persons, including the 4 tests shall be maintained for the lifetime existing licensee, and observance of i 72.3s Applications for termination of of the ISFSt. such procedures as may be required by lic*nees. .

(2) Annually, or at such shorter the Act or regulations or orders of the (a) The licensee shall apply to the interval as may be specified in the Commission, the Comminion will Commission for suthority to surrer. der a license, the licensee shall furnish to the approve an application for the transfer license voluntarily and to decommisMn appropriate regional office. specified in of a license,if the Commission the ISFSI and dispose of the materials Appendix D of Part 20 of this chapter, determinen: stored therein.The Commission may e

-n - - --- - - - -

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'74706 Federal Register / Vgl. 45, No.' 220 / Weanesday, Novunbir 12, 1980 / Rules and Regulations f, .

j h

L - require information, including . regulation, license, or order of the factors, including the results of l Information as to proposed procedures : Commission. environmental monitoring programs. 4 for the disposal of radioactive material and decontamination of the site, to (c) Upon revocation of a license, the - (2) A description and analysis of Commission may immediately cause the changes in the structures, systems, and i

determine whether there is reasonable retaking of possession of all special components of the ISFSI, with emphasis  ?

assurance that the decommissioning and nuclear material contained in spent fuel upon (i) performance requirements. (11) disposal will be perfonned in . held by the Ikensee. In cases found by the bases, with technical justification i

. accordance with the regulations in this the Commission to be of extreme therefor, upon which such requirements 1 chapter and will not be inimical to the importance to the nationaldefense and have been established, and (iii) i

. common defense and security or to the security or to the health and safety of evaluations showing that safety i health and safety of the public. the public, the Commission prior to' functions will be accomplished.  !

(b) Upon a finding of reasonable following any of the procedures (3) An analysis of the significance of r j assurance that the decommissioning of provided under sections 551-558 of lille any changes to codes, standards, ,

ISFSI and disposal of the materials  : 5 of the United States Code, may cause - regulations, or reguratory guides which  !

stored therein will be performed in the taking of possession of any special the licensee has committed to meeting i accordance with the regulations in this nuclear material contained in spent fuel the requiremtnts that are applicable to {

chapter and will provide adequate held by the licensee. the design, coastruction, or operation of  ;

protection to the health and safety of the the ISFSI.

' public, and after notice to interested i7142 Baenne. , l

' persons, the Commission will authorize (a) The Commission may require the f 72.51 Isotertal beisnee,inventery, and moords requirements for stome matwiels. l such decommissioning and disposal and backfitting of an ISFSIifit finds that  ;

terminate the license upon completion of such action will provide substantial (a) Fach licenses shall keep records euch procedures in accordance with any additional protection to the showing the receipt, inventory conditions specified in the authorization. environment, or occupational or public (including location), disposal, health and safety. As used in this acquisition, and transfer of all spent fuel ,

f 72Je Appliestion foramendmentof section. "backfitting" means the in etorage, ucense, j addition, elimination, or modification of (b) Each licensee shall conduct a i Whenever a holder of a license structures, systems, or components of an physicalinventory of all spent fuelin  !

desires to amend the license, an ISFSI after the license has been issued. storage at intervals not to exceed twelve  !

application for an amendment shall be (b) The Commission may at any time months unless otherwise directed by the - -

filed with the Commission fully require a holder of a license to submit Commission.  !

! - describing the changes desired and the such information concerning the (c) Each licensee shall establish. .;

, reasons for such changes, and following backfitting or the proposed backfitting maintain, and follow written material j as far as applicah the form prescribed of the ISFSI as it deems appropriate. control and accounting procedures that i for original applic 'lons. are sufficient to enable the licensee to I Subpart D4ecords, hporta, account for the spent fuelin storage..  !

$ 72.40 lasuance et eendment. Inspections, and Enforcement ,

(d) Records of spent fuelin storage l In determining whethee an amendment to a license will be issued to $ 7150 SaW anahsia report updanng. shall be kept in du licate.The duplicate  !

(a) The design, description of planned set of records shal be kept at a separate  !

the applicant, the Commission will be location sufficiently remote from the i guided by the considerations that govern operations, and other information original records that a single event  !

the issuance of initiallicenses. submitted in the Safety Analysis Report shall be updated by the licensee and would not destroy both sets of records. I f 72.41 Modification, revoostion, and Records of spent fuel transferred out of i supension of Boonees, submitted to the Commission at least once every six months after issuance of . en ISFS1 shall be preserved for a period j (a)The terms and conditions of all the license during final design and f five years after the date of transfer.  ;

licenses are subject to amendment, construction, until preoccupational I 72.52 Reports of sooidental artucapty or l revision, or modification by reason of testing is completed, with final loss of specialnuclear materlaL g amendments to the Atomic Energy Act completion and submittal to the Each licensee shall report  !

of 1954, or by reason of rules, Commission at least 90 days prior to the immediately to the appropriate NRC .!

regulations, or orders issued in planned receipt of spent fuel. This final regional Office specified in Appendix D f accordance with the Act or any .

submittal shall include a final analysis of part 20 of this chapter by telephone i amendments thereto. and evaluation of the design and and telegram or teletype, any case of I' (b) Any license may be modified, performance of structures, systems, and revoked. or suspended in whole or in accidental criticality and any loss of components that are important to safety special nuclear material, part for any of the following:(1) for any taking into account any pertinent material false statement in the information developed since the f 72.53 Material status reports, apphation or in any statement of fact submittal of the license application. Each licenses shall complete and required under Section 182 of the Act: Changes affecting safety margins will submit Material Status Reports to the (ii) conditions revealed by such require Commission approval prior to Commission on Form NRC-742, in application or statement of fact or any the receipt of spent fuel. accordance with printed instructions for report, tocord, inspection or other means (b) After the first receipt of spent fuel completing the form. 'Ite reports shall which would warrant the Commission to for storege, the Safety Analysis Report provide information concerning the e refuse to grant a license on an original shall be updated annually and special nuclear material contained in application:(iii) failure to operate an submitted to the Commission by the spent fuel possessed, received, ISFSlin accordance with the terms of licensee. This submittal shallinclude the transferred. disposed of, or lost by the the license: (iv) violation of, oMailure to following: licensee. All such reports shall be made observe any of. the terms and conditions - (1) New or revised information as of march 31 and September 30 of each of the Act, or of any applicable relating to applicable site evaluation , year and shall be filed with the U.S.

n ,

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Federal Register t Vol. 45. No. 220 / W:dn;sdiy, Nuember 12, 1980 / Rules end R:gulltions 74707 Department of Energy P.O. Box E Oak inspection, upon reasonable notice. - 11 of the Energy Reorganization Act of records kept by the licensee pertaining 1974, as amended, or any regulation or Ridge, Tennessee 37830, within 30 days after the end of the period covered by to his receipt, persession, or transfer of order issued thereunder. A court order the report.The Commission may, when spent fuel. may be obtained for the payment of a good cause is shown, permit a licensee (c)(1) Each licensee under this Part civil penalty imposed pursuant to shall upon request by the Director, section 234 of the Atomic Energy Act for  ;

to submit Material Status Reports at Office of Inspection and Enforcement violation of Ii 53,57,62,63,81, or 82 of other times.

provide rent. free office space for the the Atomic Energy Act, or section 206 of I 72.54 Nuclear material transfer reporta, exclusive use of the Commission the Energy Reorganization Act of1974.

Whenever the licensee transfers or inspection personnel. Heat, air or any rule, regulation, or order issued receives spent fuel, the licensee shall conditioning. light, electrical outlets and thereunder, or any term, condition, or complete and distribute a Nuclear janitorial services shall be furnished by limitation of any license issued  :

Material Transaction Report on Form each licensee.The office shall be thereunder, or for any violation for i NRC-741. Each licensee who transfers convenient to and have full access to the which a license may be revoked under spent fuel shall submit a copy of form installation and shall provide the segtionise of the Atomic Energy Act.

E NRC-741 to the U.S. Department of inspector both visual and acoustic Any person who willfully violates any Energy. P.O. Box E. Oak Ridge. ' privacy. provision of the Atomic Energy Act, or Tennessee 37830, and three copies to the, .(2) For a site with a single storage any regulation or order issued receiver of the material promptly 'after installation the space provided shall be thereuntler, may be guilty of a crime l the transfer takes place. Each licensee adequate to accommodate a full. time and, upon conviction, may be punished who receives spent fuel shall submit a inspector, a part. time secretary and by fine or imprisonment or both, as '

copy of form NRC-741 to the transient NRC personnel and will be rmvided by law.

Department of Energy and to the shipper generally commensurate with other ,

of the material within 10 days after the office facihties at the site. A space of Subpart E-Siting Evaluation Factors spent fuelis received and unloaded and 250 sq. ft., either within the site': office complex or in an office tralkr, or other { 72.61 General considerations.  ;

its identity is verified, on site space,is suggested as a guide. (a) Site characteristics that may '

i 72.56 Other records and reports. For sites containing multiple facilities directly affect the safety or

[a] Each licensee shall maintairtany additional space may be requested to environmentalimpact of the ISFSI shall records and make any reports that may accommodate additional full-time be investigated and assessed. ,

be required by the conditions of the inspectors. The office space that is (b) Proposed sites for the ISFSI shall license or by the rules, regulations, and provided shall be subject to the be examined with respect to the orders of the Commi,sion in effectuating approval of the Director, Office of frequency and the severity of external the purposes of the Act. Inspection and Enforcement. All natural and man-induced.svents that (b) Each licensee shall furnish a. copy furniture, supplies and Commission could affect the safe operation of the of its annual financial report. including equipment shall be furnished by the 1syst. I the certified financial statements, to the Commission. (c) Design basis external events shall .

Commission. -

(3) Each licensee under this Part shall be determined for each combination of I (c) Records that are required by the afford auy NRC resident inspector proposed site and proposed ISFSI  ;

regulations in this part or by the license assigned to that site, or other NRC design.

' t conditions shall be maintained for the inspectors identified by the Regional (d) Proposed sites with design basis period specified by the appropriate Director as likely to inspect the external events for which adequate regulation or license condition. lf a installation, immediate unfettered pr tection cannot be provided through  ;

retention period is not otherwise access, equivalent to access provided , ISFSI design shall be deemed unsuitable

- specified, such records shall be regular plant employees, following f r the location of the ISFSI. ,

maintained until the Commission proper identification and compliance (e) For each proposed site, pursuant to e 8 authorizes their disposition. with applicable access control measures Part 51 of this chapter, the potential for (d) Any record that must be for security, radiological protection and ,

rnatntained pursuant to this Part may be radiological and other environmental  !

personal safety, (d) Each licensee shall perform, or impacts on the region shall be evaluated j either the original or a reproduced copy or microform provided that any. permit the Commission to perform, such with due consideration of the ,

characteristics of the population, '

reproduced copy or microform is' duly tests as the Commission deems authenticated by authorized personnel appropriate or necessa'ry for the including its distribution, and of the and that the microform is capable of administration of the regulations in this regional environs. including its historical ,

and esthetic values, producing a clear an legible copy after part.

storage for the period specified by (e) A report of the preoperational test (f) The facility shall be sited so as to  :

commission regulations. acceptance criteria and test results shall avoid to the extent possible the long.

z be submitted to the appropriate regional term and short-term adverse impacts t

. I 72.5s inspections and tuta. office specified in Appendix D of Part 20 associated with the occupancy and }

(a) Each licensee under this part shall of this chapter with a copy to the modification of floodplains. i permit inspection by duly ainthorized Director, Office of Nuclear Material representatives of the Commission of his Safety and Safeguards at least 30 days  ! 72A2 DnWasis extemal natural ,

records, premises, activities and of spent prior to the receipt of spent fuel. ,

fuel in possession related to the specific (a) Natural phenomena that may exist  !

l license as may be necessary to $ 72.57 Violation. or that can occur in the region of a l '

effectuated the purposes of the Act. An injunction or other court order proposed site shall be identified and l

, including Section105 of the Act. may be obtained prohibiting any assessed according to their potential *

(b) Each licensee under this Part sh'.d ' violation of any provision of the Atomic effects on the safe operation of the f make available to the Comm'asion far Energy Act of 1954, as amended, or title ISFSI. The important natural phenomena 1

l i:

- * ~ .l -

s q

74708 Federal Register / Vol. 45. No. 220 / Wednesday. November 12. 1980 / Rules and Regulations - l l that affect the ISFSI design shall be _- S n.ss Defining potential eftesta of the - (a) For sites that have been evaluated

• identified. , isFsi en the reglen. under the criteria of Appendix A of to  ;

l' CFR part 100, the ISFSI-DE shall be i (b) Records of the occurrence and (a) The proposed site shall be severity of those important natural evaluated with respect to the effects on' equivalent to the safe shutdown l populations in the region resulting from ' earthquake (SSE) for a nuclear power f

. . phenomena shall be collected for the '

the release of radioactive materials plant. ,

region and evaluated for reliability, under normal and accident conditions (b) For those sites that have not been ;i accuracy, and completeness. evaluated under,the criteria of Appendix il during operation and decommissioning (c) Appropriate methods shall be ' d de ISFSL in eis palueuon boe A dio Nan 100. est am east ne l

' adopted for evaluating the design basis usual and unusal regional and site Rocky Mountain Front, and that are not l natural events based on the characteristics shall be taken into in areas of known seismic activity, a . .i characteristics of the region and the account, standardized ISFSI-DE described by an F l current stat,e of knowledge about such appropriate response spectrum mots, (b) Each site shall be evaluated with anchored at 0.25 g may be used.

respect to the effects on the regional g 72.63 Design heels esternal man. environment resulting from construction. Alternatively, a site specific ISFSI-DE

- operation and decommissioning of the may be determined by using the criteria -

Indueed events. and level of investigations required by +

ISFSL in this evaluation both usual and -

(a)ge region shall be examined for unusual regional and site characteristics Appendix A of Part 100 of this chapter, both past and present man-made (c) Regardless of the results of the shall be taken into account.

facilities an.d activities that might investigations anywhere in the endanger the proposed ISFSI.De g M.se Geomgical and solemeiogical condnental U.S. the ISFSI-DE shall  :

important potential man-induced events sharactertaties. have a value for the horizontal ground that affect the ISFSI design shall be (a) Afassive Water Bosla and Alt- motion of no less than 0.10 g with the , i identified. Cooled Canyon Types ofISFSI appropriate response spectrum.

(b)Information concerning the Structuns: (b) Other types of1SFSIDesigns. 4 potential occurrence and severity of (1) East of the Rocky Mountain Front ForISFSI cesigns that do not use such events shall be collected and (east of approximately 104* west massive water basins or air-cooled evaluated for reliability, accuracy, and longitude), except in areas of known canyons, such as canisters, casks or '

completeness. seismic activity including but not limited silos, a site specific investigstion is

- (c) Appropriate methods shall be ' to the regions around New Madrid, Mo required to establish site suitability Charleston, S.C., and Attica. N.Y sites commensurate with the specific adopted for evaluating the design basis

. external man-induced events, based on will be acceptable if the results from requirements of the proposed ISFSL the current state of knowledge about onsite fmdation and geological di m hh s7 such eventa. investigaton, literature review, and muents and dimet radiauem an isFal.

regimi geological reconnassiance show (a) Dudng normal operations and 9 73.84 1dentifying regions around an no unstable geological charactertisics.

anticipated occurrences, the annual ISFSI este. >

soil stability problems, or potential for dose e uivalent to any realindividual (a) %e regional extent of external vibratory ground motion at the site in who is ted beyond the controlled phenomena, man made or natural, that excess of an appropriate response 8Pectrum achored at 0.2 g. area shall not exceed 25 mrem to the are used as a basis for the design of the whole body,75 mrem to the thyroid and .

ISFSI shall be defined. (2) West of the Rocky Mountain Front l

Pa & fo itu e o 1 pa s e of

' to the con cdo pe or ) d in r e of wn ,

i decommissioning of theISFSIshallbe [tential seismic identified.no extant of such regional eny seacdvity,kehniqm seismicity M will daughters excepted, to the general environment, (2) direct radiation from gPPen A og Part 100 of this chapter.

impacts shall be determined on the other Sues est He within me range d stmas . ISFSI operations and (3) a7 cycle basis of potential measurable effects on radiation from uranium fue d

the population or the environment, from [q ake o a e pa 1 fa 1 operauons within the regmn.

(b) Operational restrictions shall be ISFS! activities. should be avoidd.

(c) Those regions identified pursuant established to meet as low as is to paragraphs (a) and (b) of this section (8) Sites other than bedrock sites shall reasonably achievable objectives for be evaluated for theirliquefaction ]

radioactive materials in effluents and shall be lavestigated as appropriate with potential or other soil installity due to respect to (i) the present and future direct radiation levels associated with vibratory ground motion. ISFSI operations.

character and the distribution of igg

( ) Operationallimits shall be 3 population. (ii) consideration of present lahratry alyses m t show th t soil esta d foundioacuve mamdals in and projected future uses ofland and conditions are adequate for the water within the region, and (iii) anF effluents and direct radiadon levels .

proposed foundadon loading. 888 818 W opwaum to special characteristics that maF (5)In an evaluation of alternative influence the potential consequences of sites, those which require a minimum of m[t

• the"'

limita given in paragraph (a) of a release of radioactive material during engineered provisions to correct site the operationallifetime of the ISFSL deficiencies are preferred. Sites with 9 72.48 Controsed area of an teFSt. e (d)If the distribution of population in' unstable geologic characteristics should (a) For each ISFS! site, a controDed I any denned region is such that adquate be avoided. . . area shall be established.

protective action cannot be provided (6)De ISFSI design earthquake (b) Any individuallocated on or

. th ough emergency planning the (ISFSI-DE) for use in the design of beyond the nearest boundary of the proposed site shall be unsuitable for the structures shall be determined as controlled area shall not receive a dose location of anISFSL follows: . ,

greater than 5 rem to the whole body or 4

9 0

,, r - - , . - ,4 -_ ,_ _ . . . _ , _ _ _ _ _ _ _ _ _ _ . _ _ _ , , . . _

l Federal Register / Vol 45, No. 230 / Wednesday Niv:,mber 12, 1980 ] Rules and Reguhti:ns '7470s any organ from any design basis . with normal operation, maintenance, other facilities unless it is shown that accident. The minimum distance frosa . and testing of the ISFSI: and to such sharing will not impair the the spent fuel handling and storage - ' withstand postulated accidente. capability of either facility to perform its facilities to the nearest boundary of the : (2) Structures, systems, and safety functions, including the ability to controlled area shall be at least 100 components important to safety shall be return to a safe condition in the event of ,

meters. -

designed to withstand the effects of - an accident. l (c) The controlled area may be natural phenomena such as (e)Proximityofsites.-An ISFSI 1 traversed by a highway, railroad or ' - earthquakes, tornadoes, lightning, located near other nuclear facilities  !

waterway, so long as appropriate and - . hurricanes, floods, tsunami, and seiches, shall be designed and operated to i effective arrangements are made to . .without impairing their capability to ensure that the cumulative effects of j control traffic and to protect the public perform safety functions. The design their combined operations will not  ;

• health and safety, bases for these structures, systems, and constitute an unreasonable risk to the a

\

components shall reflect (i) appropriate health and safety of the public. i 72.se m emmeney planning sons, consideration of the most severe of the (f) Testing andmolatenance of  !

(a) For each ISFSI site, an ISFSI natural phenomena reported for the site systems andcomponents.-Systems and

, Emergency Planning Zone (ISFSI-EPZ) and surrounding area, with appropriate components that are important to safety shall be established.The ISFSI-EPZ margins to take into account the shall be designed to permit inspection, ,

- shall provide reasonable assurance that limitations of the data and the period of maintenance, and testing. i protective actions beyond its outer time in which the data have (g) Emergency copobility.-Structures, i

- boundary would not be necessary. accumulated, and (ii) appropriate systems, and components important to  !

(b)The boundaries of an ISFSI-EPZ combinations of the effects of normal safety shall be designed for i for a particular ISFSI will be determined and accident conditions and the effects emergencies. The design shall provide i

. on a case-by case basis taking into of natural phenomena. An ISFSi need for accessibility to the equipment of l account both the enaracteristics of the not be protected from tornado missiles onsite and available offsite emergency i facilities and services such as hospitals.

specific f,scility and local conditions but should be designed to prevent such as t emography, topography, land massive collapse of building structures fire and police departments, ambulance I characteristics, access routes and local or the dropping of heavy objects on to service, and other emergency agencies. I jurisdictional boundaries. the stored spent fuel as a result of (h) Confinement barriers and s 73.70 spent fuel transportetsen, building structural failures, systems.-(t) The fuel cladding shall be j (3) Capability shall be provided for protected against degradation and gross i The proposed ISYSI shall be evaluated determining the intensity of natural ruptures, j with respect to the potential impact on (2) For underwater storage of spent phenomenu that may occur for i the environment of spent fue! being comparison with design bases of fuelin which the pool. water serves as a

• transported into the area. shield and a confinement medium for structures, systems, and components l Subpart F-General Design Criterte important to safety, radioactive materials, systems designed  ;

(4)If the ISFSIis located over an for maintaining water purity and the l l 73.71 General Considerogens, aquifer which is a major water resource, pool waterlevel shall be designed so j Pursuant to the provisions of i 72.15 measures shall be taken to preclude the that any abnormal operations or failure i of this Part. en aptd ication to store spent transport of radioactive materials to the in those systems from any cause will not j fuelin an ISFSI rnast include the design environment through this potential cause the water level to fall below safe  ;

criteria for the proposed storage pathway. . limits. The design shall preclude  ;

complex.These design criteria establish (c) Protection Against Fires and installations of drains, permanently ,

the design fabrication, construction. Explosions. connected systems, und other features testing and performance requirements Structures, systems, and components that could by abnormal operations or for structures, systems, and components important to safety shall be designed failure cause a significant loss of water.

Important to safety as defined in i 72.3. and located so that they can continue to Pool weter level equipment shall be ,

The general design criteria identified in perform their safety functions effectively provided to alarm in a continuously i this section establish minimum under credible fire and explosion manned location if the water levelin the  !

requirements for the design criteria for . ' exposure conditions Noncombustible . fuel storage pools falls below a i en ISFSt. Any omissions in these general and heat. resistant n.aterials shall be predetermined level. .

design criteria do not relieve the used wherever practical throughout the (3) Ventilation and off.ges systems i applicant from the requirement of ISFSI, particularly in locauons vital to shall be provided where necessary to i providing the necessary safety features the control of radioactive materials and ensure the confinement of altborne l in the design of the ISFSI. to the maintenance of safety control radioactive particulate materials during i functions. Explosion and fire detection, normal or off. normal conditions. l l72.72 hen requirunents. , alarm, and suppression systems shall be (1)Instamentation andcontml l (a) Quality Standards.-8tructures, designed and provided with sufficient systems.-Instrumentation and control .l i

pystems, and components important to capacity and capability to minimise the systems shall be provided to monitor  ;

i safety shall be deafgned, fabricated, adverse effects of fires and explosions systems that are important to safety

• f erected, and tested to quality standants , on structures, systems, and components over anticipated ranges for normal l commensurate with the importance to important to safety.The design of the operation and off. normal operation. l safety of the function to be performed. ISFSI shallinclude provisions to protect Those instruments and control systems

. (b) Pmtection against environmental  !

~

. against adverse effects that might result that must remala operational under

- conditions ondnoturalphenomeno.-(t) . from either the operation or the failure accident conditions shall be identified in I Structures, systems, and components of the fire suppression system. the Safety Analysis Report. l important to safety shall,be designed to (d) Sharing of structures, systems, and (J) Contm/ mom or contmlarvos.-A  !

accommodate the effects of, and to be components.-8tructures, systems, and control room or control areas shall be I

- compatible with, vite characteristics and components important to safety shall designed to permit occupancy and environmental conditions associated not be shared between an ISFSI and actions to be taken to monitor the ISFSI i

h t

~ I w -. .-...,-.,-..4 ..,.m.# .-e-.vs u.+<>-4,,,3,,,,,,ww.,,wefw,,,..-w,.,y.p.,%-gre,,.e.m.,p.,y

l l

l 3r710 Federal Register / Vd. 45 Ns. 220 / WzdnIsday, N:vember 12,1900 / RulIs end Rzgulsti:ns ,

+ safely under normal conditions, and to which r'stion. maintnenance, and i M73 Cetteria for spent fueland provide safe control of the ISFSI under requ inspections may involve such radioactive waste storage and handsng. ,

off. normal or accident conditions. - exposure shall be des'gned. fabricated. , (a) Spent Fueland/10dioactive Waste '

(k) Utility services.-(t) Each utility located, shielded, controlled, and tested storgge and Hand!/ng systems. l i

service system shall be designed to meet so as to control external and internal Spent fuel storage, radioactive waste emergency conditions.The design of radiation ext sures to personnel.The storage, and olhar systems that might <

utility services and distribution systema design shallinclude means to: contain or handle radioactive materiala  !

that are important to safaty shallinclude (1) prevent the accumulation of i associated with spent fuel, shall be redundant systerr.s to the extent radioactive materialin those systems designed to ensure adequate safety  ;

necessary to maintain, with adequate ' requiring access under normal and accident conaitions, d capacity, the ability to perform safety (2) decontaminate those systems to Tha::e systems shall be designed with (1)  !

which access is required:

• functions assuming a single failure. a capability to test and monitor i (2) Emergency utility services shall be (3) control access to areas of potential components important to safety,(2)  !

designed to permit testing of the contamination or high radiation within suitable shielding for radiation functional operability and capacity. - the 'SFSI: protection under normal and accident I including the full operational sequence, (4) measure and control conditions,(3) confinement structures .

of each system for transfer between contamination of areas requiring access: '

(5) minimize the time required to  ;

normal and emergency supply sources; perfonn work in the vicinity of and p, sQt m (4) a ,gh at remo 1 and to permit the operation of reliability consistent with its imporiance associated safety systems radioactive components; for example, by  ;

to safety, and (5) means to minimina the  ;

(3) Provisions shall be niede so that,in providing sufficient space for ease of quanuty of radioacuve wastes the event of a loss of the primary operation and designing equipment for  ;

electric power source or circuit reliable esse of repair and replacement; and 8"*f8 t'd- l (e) shield personnel from re,diation (b) Waste Tmotment, and timely emergency power will be ,

exposure. Radioactive waste treatment facilities  ;

provided to instruments utility service systems, the central security alarm {b) Radiologicolalarm systems.- shall be provided. Provisions shall be i j

Radiological alarm systems shall be made for the packaging of site-generated l station, and operating systems. in amounts sufficient to allow safe storage provided in accessible work areas to low level wastes in a form suitable for  :

warn o ersting personnel of radiation transfer to disposal sites.  ;

conditions to be maintained and to WMll12',"Mie"s%:." @e'n s&':t %f YeL'c'e~n'ti'akf m" ~ ~ ~~"s  !

radioactive materialin effluents above The ISFSI shall be designed for  ;

Inn criteria for nuclear crtucanty controllimits. Such systems shall be decommissioning, Provisions shall be  :

~

samty. designed with provisions for calibration made to facilitate decontamination of (a) Design for criticality safety.- and testing their operability, etructures and equipment, minimize the l Spe 9 fuel handling, transfer, and (c) Effluent and direct radiation quantity of radioactive wastes and i storage systems shall be designed to be monitoring- cetaminated equipment and facilitate maintained subscritical and to prevent a (1) Effluent systems shall be provided the removal of radioactive wastes and l nuclear criticality c tcident.The design with means for measuring the amount of contaminated materials at the time the I of handling, transfer, and storage radionuclides in effluenta during normal ISFS!is permanently decommissioned.  !

systems shallinclude margins of safety operations and under accident for the nuclear criticality parameters conditions. A means of measuring the Subpart G-Ouality Amaurence i that are commensurate with the flow of the diluting medium, either air or  !

uncertainties in the handling, transfer water, shall also be provided. 0"**Y ***"""** P'*F** l (2) Areas containing radioactive k -

and storage conditions,in the data and methods used in calculations, and in the materials shall be provided with (a) A quality assurance program .  ;

' systems for measuring the direct based on the criteria in Appendix B to j nature of the immediate environment radiation levels in and around these Part 50 of this chapter shall be under accident conditions. '

(b) Methods of criticality contml.- , ersas. established and implemented for the

' structures, systems, and components of The design of an ISFSI shall be based on (d) Effluent Contml.

either favorable geometry ispacing) or The ISFSI'shall be designed to provide an ISFSI that are important to safety.  :

permanently fixed neutron absorbing - means to limit to levels as low as is The application of the quality assurance l

' program should be commensurate with  !

materials (poisons). Where solid neutron reasonably achievable the release of absorbing materials are used, the design radioactive materials in effluents durirs the importance to safety ofidentified i shall provide for positive means to normal operations: and control the activities and individual structures.  ;

verify their continued efficacy.In release of radioactive materials unde,r systems, and components. j criticality design analyses for accident conditions. Analyses shall be (b) The quality assurance program i

- underwater storage systems. credit can made to show that releases to the shall cover all activities identified as l general environrnent during normal being important to safety throughout the ,:

be taken for the neutron absorption of rack strudures and the water within the operations and anticipated occurrences life of the licensed activity-from site  !

storage unit. . will be within the exposure limits given selection through decommissioning--

in I 72.87. Analyses of design basis prior to termination of the license. .  !

I nN ceneria he radiological promotion. accidents shall be made to show that (c) Appropriate records of the design, a!

(a) Exposure contal.-Radiation - releases to the general environment will fabrication, erection, testing, protection systems shall be provided for be within the exposure limits given in maintenance and occupation of all areas and operations where onsite i 72.88. Systems designed to monitor the structures, systems, and components -

personnel may be exposed to radiation release of radioactive materials shall important to safety shall be maintained '

or airborne radioactive materials. have means for calibration and testing by or under the control of the licensee i Structures, systems, and components for their operability. -

throughout the life of the ISFSI.  !

, i i

s h

i

y t:

Federal Register / Vol. 45. No. 220 / Wedarsd:y. Nmmbir 12, 1980 / Rules and Reguliti:ns 74711 t

Subpart H-Physical Protection information(Background Generic need not categorically disqualify a j Planning Base !Jeansee Planning Base, person. so long as appropriata -

i

. I 72.01 physicall securny ple" and Responsibility Matrix) contained in Provisions are made to accommodate A lan for detailed security measures ' the licenne safeguards contingency such defect. -

for ysical protection shall be plan without the prior approval of the . Conforming Amendments established. This Ian shall consist of . Commission. A licensee desiring to .

two parts Part I a all demonstrate how make such a change shall submit an PART 2-RULES OF PRACTICE FOR the applicant plans to comply with the application for an amendment to his DOMESTIC LICENSING PROCEEDINGS applicable requirements of Part 73 of license pursuant to I 72.3g.

this chapter and during transportetion to (b) The licensee may. without prior 1.Section 2 764 is amended by adding and from the proposed ISFSI and shall Commission approval, make changes to the phrase "Except as provided in l el include the des for physical the physical security plan or the tragraph (c) of this section, at the I protection and e licensee's safeg'uards safeguards continger / plan.If the nning of paragraphs (a) and (b), by l contingency plan and guard training changes do not decrease the safeguards adding a new paragraph (c) and by '

. plan. Part 11 shall list tests. inspections. effectiveness of these plans.The revising footnote 1 to read as follows:

,j audits, and other means to be used to licensee shall maintain records of demonstrate c;mpliance with such f 2.764 ' Immedate effectiveness of Initial changes to any such plan made without decision directing lasuance or amendment requirements. rior approval for a eriod of 2 years of construction permit or operating

$ 72.82 Dwign h physical protocoon. om the date of the ange and shall liconee.8 furnish to the Director of Nuclear (a) Except as provided in paragraph The design for physical protection. Material Safety and Safeguards. U.S. (c) of this section, an initial decision shall show the site layout and ISFSI Nuclear Regulatory Commission. ***

design features provided to protect the Washington. D.C. 20555. with a copy to (b) Except as provided in paragraph ISFSI from sabotage. it shall include: the appropriate NRC Regional Office (c) of this section. the Director of (a) The design criteria for the physical specified in Appendix A to part 73 of Nuclear Reactor Regulation or * *

• protection of the oposed ISFSl; this chapter, a re rt containing a - (c) An initial decision directing the (b)The design ases and the relation description of en h change within 2 issuance of an initiallicense for the of the design bases to the design criter,f a - months after the chacge is made, construction and operation of an submitted pursuant to paragraph (a) os iridependent spent fuel storage i this section: and Subpart l-Training and Certification installation (ISFSI) under 10 CFR Part 72 (c) Information relative to materials of of ISFSI Personnel of this chapter shall not become {

construction. equipment. general effective until review by the arrangement, and proposed quality I 72.91 Operator requirements.

Commission has been completed.The '

assurance program sufficient to provide Operation of equipment and controls Director of Nuclear Material Safety and reasonable assurance that the final that have been identified as important to Safeguards shall not issue an initial security system will conform to the safety in the Safety Analysis Report and license for the construction and design bases for the principal design in the license shall be limited to trained operation of an independent spent fuel criteria submitted pursuant to paragraph and certified personnel or be under the storage installation (ISFSI) under 10 CFR (a) of this section. direct visual supervision of an Part 72 of this chapter until expressly I 72.83 Safeguards contingency plan. individual with training and certification authorized to do by the Commission.

in such operation. Supervisory (a) The requirements of the licensee's personnel who personally direct the PART 54-LICENSING AND safeguards contingency plan for dealing operation of equipment and controls REGULATORY POLICY ANO with threats and industrial sabotage that are important to safety must also be PROCEDURES FOR ENVIRONMENTAL.

shall be as defined in i 73.40(b) of this certified in such operations. PROTECTION.

Chapter.This plan shallinclude Background. Generic Planning Base. $ 72.s2 Operator training and certification 2. In i 51.5(a) paragraph (to)is 1.icensee Planning Base, and Program. ,

redesignated as paragra b (11) and a Responsibility Matrix, the first four The applicant for a license under this new paragraph (10)is ded. In i 51.5(b) categories of information relating to part shall establish a program for a new subparagra (4)[iv) and nuclear facilities licensed under Part 50 training, proficiency testing, and paragraph (9)is a ed. Paragraph .

of this chapter. (The fifth category of certification of ISFSI personnel. This 51.5(b)(5)is changed to include the information. Procedures, does not have program shall be submitted to the above additional subp agr h (4)(iv).

to be submitted for approval.) Commission for approval with the As amended i 51.5 rea s as llow:

(b) The licensee shall prepare and license application. $ 51.5 Actione requiring properation of  !

maintain safeguards contingency plan environmental inipact statements. nogettve procedures in accordance with . l7243 phWregirmen, . declarations, environmental impact i Appendix C to 20 CFR Part 73 for The bysical condition and the appressees; actione escluded, e effecting the actions and decisions gener health of personnel certified for (a) An environmentalimpact contained in the Responsibility Matrix the operation of equipment and controls

[. of the licensee's safeguards contingency that are important to safety shall not be statement will be prepared and circulated prior to taking any of the i plan. such as mi ht cause operational erms following types of actions:

.s '

that could ndanger other in-plant . . . . .

I 72.e4 change to physical security and personnel or the public health and a safegueres contingency piene, safety. Any condition which might cause Paf72 ' "f ' ' *

(a)The licensee shall make no change impaired judgment or motor . schapt t r of

. that would decrease the safeguards coordination must be considered in the , ne temporary suspenston of I s.7e4 (e effectiveness of the phygical security selection of personnel for activities that ' in cert.,n proc dings and related metter,l te and (b) plan or the first four categories of are important to safety. Such conditions eder d in Appendix a io ens part.

i .

74712 Federal Register / Vol. 45. No. 220 / Wednesday. November 12. 1980 / Rules and Rigulatisns product labeling, program listing, and

? -- .

of spent fuel stored in an independent s spent fuelin an independent spent fuel warranty requirements.

storage installation (tSFSI) at a site not : opent fuel storage installation f!SFSi} In order to make manufacturers.

occupied by a nuclear power reactor, licensed under Part 72 of this Chapter.

suppliers. and contractors aware of the

• (11) Any other action which the requirements for labeling, warranty.

Commission determines is a major PART 150-EXEMPTIONS AND i Commission action significantly CONTINUED REGULATORY listing, and the material standards, we have scheduled a briefing for trade 1

'I 'affecting the quality of the human AUTHORITY IN AGREEMENT STATES '

• associations which represent UNDER SECTION 274 .

• environment. manufacturers, contractors and 2' (b) Many licensing and regulatory 5. Section150.15(a)is amended by distributors of energy conserving and actions of the Commission other than renewable resource measures to address ,

- those listed in paragraph (a) may or 0*8may. [dding a new paragraph these (8)guidelines.

to read as

• I

7, not require preparation of an .

oATsa:The briefing will be held I environmentalimpact statement, 8 150.15 Persone not asempt.

, November 20,1980, from 2:00 p.m., to

• depending upon the circumstances. In (a) Persons in agreement States are 4:30 p.m. Request for attendence should determining whether an environmental not exempt from the Commission's be received before November 14,1979.

impact statement should or should not licensing and regulatory requirements Direct all requests to Gloria Purnell at

,i be prepared for such action, the with respect to the following activities: i the address listed under the sect on Commission shall be guided by the . . . . .

Council on Environmental Quality entitled "For Further Information

{ I 8 ' ' ' 8

Contact:

".The briefing will be held at-

{ Guidelines 40 CFR 1500.6. Such other g, d t spent b ' o' as"* the address listed below:

. actions includei installation (ISFSI) licensed pursuant to ApoResses: Quality Inn.415 New Jwsey i

Part 72 of this Chapter. Avenue, N.E Federal Ballroom, '

5 (iv) The storage of spent fuelin an . . . . .

Washington, D.C. * ,

e independent spent fuel storage Dated at Washington, D.C., this 3rd day of installation (ISFSI) pursuant to Part 72 FoR PURTNER INFORMAftoN CONTACT:

November teso.

Gloria Purnell. Office of Conservation of the chapter.

, ji; (5) Renewal oflicenses to conduct For the Nuclear Regulatory Commission.

Samueg J. Chilk.

and Solar Energy, Room GH-068.1000 activities listed ir caragraph (b)(4)(1). Independence Avenue.S.W., ,

Secretary of tAe Commission. i g Washington. D.C. 20585 (202) 252-9161.

(iv)of this eectjon;- ,

8 . . . . . irm on. so-mass ra.d n-2 am aos ami sVPPLEMsNTARY INFORMATloN:Not sum caos nean e ava lable. .

,- (9)lasuance of a license pursuant to Part 72 of this chapter for the storage of Issued in Washington, D.C. on November 7,

, teso.

• spent fuelin an independent spent fuel storage metallation (ISFSI) on the site of , DEPARTMENT OF ENERGY ,,,

Conservation andSolarEnetyy, ,

i a nuclear power reactor. Office of Conservation and Solar Ene w trmc mest ris.d is io-am a4s I h PART 70-DOMESTIC LICENSING 0F l: SPECIAt. NUCLEAR MATERIAL 10 CFR Part 454 FEDERAL TRADE COMMISSION

+; 3. Section 70.11s amended by inserting IDocket No. CAS-RM-79-101]

. the following phrase in the beginning of 16 CFR Part 13 paragraph (a) and by adding a new ResidentialConservation Service IDocket No. 90091 ,

paragraph to read as follows: Program; Briefing '

j. Atlantic Richfield Company; Prohibited

.. I m i Purpose. AcaNCY: Department of Energy. ' "" '

(a) Except as provided in paragraph Action

Notice of briefing. C tive ct! -

(c) of this section, the regulations of this Ao8McY: Federal Trade Commission.

SUMMARY

The Department of Energy is

'l, part * * *

- + + + e implementing the Residential . ACTION: Modifying order.

• gI Conservation Service (RCS) Program

SUMMARY

This order, among other (c) The regulations in Part 72 of thia  !

Pursuant to Title II, Part I of the things. reopens the proceeding and chapter establish requirements, .. National Energy Conservation Policy modifies definition (h)(1) and (2) of the

. procedures, and criteria for the issuance . Act (NECPA) (Pub.1.95-619, Stat. 3206 oflicenses tipossess spent fuel and divestiture order issued on October 29.

other radioactive materials associated et seq.).The purpose of the program is to 1979,44 FR 67643,94 F.T.C,1054, so that, ,

encourage the installation of energy upon prior Commission approval, with spent fuel storage in an conservation measures and renewable Noranda Mines Ltd.,INCO Ltd., the independent spent fuel storage resource measures in existing houses by ,

installation (ISFSI) and the terms and residential customers oflarger gas and Anglo American Group. or any of their  !

conditions under which the Commission electric utilities and home heating respective subsidiaries (previously willissue such licenses. designated as "inel!gible"), may be suppliers. On November 7,1979, DOE considered as " eligible" to purchase PART 73--PHYSICAL PROTECTION OF issued a Anal rule for the RCS Program properties to be divested or to engage in  !

j PLANTS AND MATERIALS '

(44 FR 64602). certain joint ventures with Atlantic .

Under the RCS Program. DOE has  ;

I n1 Purpose and noope. '

established rules and guidelines that Richfield.

DAras: Order issued October 29,1979. l

4. In i 73.1(b) Scope, add a new affect the energy conserving and '

• renewable resource products Modifying order issued October 7,1980.

.} paragraph as follows: .

• * * *

• manufactured, distributed or installed FoM PuRTNsR INPoRMarion coorTACT:

o [ _

(b) Scope. '!his part prescribes . under the program.The rules addresa FTC/C, E. Perry Johnson Washington. [

[, material and installation standards. D.C. 20580, (202) 523-3001, j~ requirements for the physical protection f

. j i

• t e

4

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