ML20236X505
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NUCLEAR REGULATORY COMMISSION j
WASHINGTON. D.C. 205&$-0001 l $*
(;,; : S 16II MEMORANDUM TO: Mark L. Au !
Office of Nuclear Regulatory Research FROM: David L. Meyer, Chief M-4%"
Rules and Directives Branch i Division of Administrative Services 1 Office of Administration
SUBJECT:
REVIEW OF PROPOSED RULE, " LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE" The Rules and Directives Branch has reviewed the proposed rule that would correct several inconsistencies and clarify certain sections of the Commission's regulations. We have attached a marked copy of the package that presents our comments.
When this notice is forwarded for signature and publication, please have a member of your staff j include a 3.5-inch diskette that contains a copy of the notice in Wordperfect 5.0 or 5.1 as part of i the transmittal package. The diskette will be forwarded to the Office of the Federal Register and the Government Printing Office for their use in typesetting the notice.
To assist you in preparing the list of documents centrally relevant to this proposed rule that is . I required by NRC's regulatory history procedures, you should place the designator "AF80-1"in the upper right-hand comer of each document concerning the rule that you forward to the Nuclear Documents System.
1 We have forwarded a copy of the proposed rule to the Information and Records Management Branch, Office of Information Resources Management, for their comment and concurrence concerning the paperwork managemen', spects of this rulemaking action.
If you have any questions conceming this matter, please have a member of your staff contact Betty K. Golden, 415-6863, or myself, 415-7162, Rules and Directives Branch, Division of Administrative Services.
Attachment:
As stated cc: srenda Shelton, IRM 9808100055 980804 PDR PR 72 63FR31364 PDR q 5 0 5 NU IN'
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[7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR Part RIN3150.AF8o w.
Misce" ancous Changes to 10 M R Part 72. L Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste 1
j AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
(tbC-)
v i
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations to correct several inconsistencies and to clarify certain sections MER Pact--72. of % ceyWbns . TNs civa cobin ed is "c"1 "b" e nsees m A %4. pubu of Sh ea noqes ,
60 DATES: Thecommentperiodexpires(76daysafterpublication).
Comments received after this date will be considered if it is practical to do so, but ,
the Commission is able to assure consideration only for comments received on or before this date.
1 ADDRESSES: Send comments to: Secretary U 1 M.S.NuclearReguatoryCommission,einaG3s J t
Washington. DC 20555-0001. Attention: Occketing unu 5m v n Cranc(
Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland, 30 between7:ga.m.and4:15p.m.onFederalworkdays.
'M For information on submitting comments electronically. see the i
i discussion under Electronic Access m b 64Pd'"'"
Certain documents related to this rulemaking, including comments received and the environmental assessment and finding of no significant impact, may be examined at the NRC Public Document Room. 2120 L Street NW. l (Lower Level). Washington, DC. These same documents may also be viewed and I downloaded electronically via the Electronic Bulletin Board established by NRC for this rulemaking as discussed under Electronic Access.
" ' ' ~ ~ Electronic Access p
You may access the NRC's interactive rulemaking web site through the NRC l home page (http://www.nrc. gov). The site provides the availability to upload comments as files (any format), if your web browser supports that function N FOR FURTHER INFORMATION CONTACT: M. L. Au. Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6181, e-mail mla@nrc. gov.
SUPPLEMENTARY INFORMATION:
l
Background
The Commission's licensing requirements for the independent storage of
! spent nuclear fuel and high-level radioactive waste are specified in 10 CFR Part 72. Experience in applying Part 72 has indicated that it is not adequate reekbn s in some respects and that certain additions and clarifications to the Me are necessary. This proposed rulemaking would make eight miscellaneous changes to 2
1 Discussion iscellan ProposedAmendments[to30CFR_Part7D k, y
- 1. Modify 5 9 72.1 and 72.2 to include spent fuel storage cask and delete superseded information.
The purpose (5 72.1) and scope (s 72.2) sections of Part 72 were not modified when the Commission amended Part 72 in 1990 to include a process for f
providing a general license to a reactor licensee to store spent fuel in an independent spent fuel storage installation (ISFSI) at power reactor sites (Subpart K) and for the approval of spent fuel storage casks (Subpart L).
Although the language in these sections may be read to include the general license provisions of subpart K. it does not reference the approval process wouu for spent fuel storage casks in Subpart L. This rulemaking Q make the purpose and scope sections more complete by specifically referencing the Subpart L cask approval process. This rulemaking 4 also delete information u> cu\ 5.
in the purpose and scope sections regarding the Federal interim storage programsincethetimeframeforitsimplementationhasexpired(61FR35935}
July 9. 1996). A
- 2. Change requirement for making initial and written reports in ss 72.4 and 72.21 g I
\cou\h An administrative change Weds'TC)be made to 5 72.4 to provide that.
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except where otherwise specified, all communications and reports be addressed to NRC's Document Control Desk rather than to the Director. Office of Nuclear evueck Material Safety and Safeguards Jreserit)4.hree* regulations govern the submission of written reports under Part 72g g2.75 2.216(b)g 9
andd50.72(b)(2)(vii)ghich is referenced in 672.216(ade Under .
9 72.75 a report is sent to the Document Control Desk: however, the two other paragraphs direct that the report be sent as instructed in s 72.4 which specifies that reports be addressed to the Director. Office of Nuclear Material Safety and Safeguards. To achieve consistency in the NRC addressee for Part 72 reports. 9 72.4 is being revised to instruct that reports be sent to the Document Control Desk. Directing licensing correspondence to the NRC's won Document Control Desk Q ensure proper docketing and distribution. Also, C. p e r e n t s 72.216(c) is being changed to correct an error. The peeserrt regulation rCVi 5 c d references ss 72.75(a)(2) and (3). The reference should beV t o reAl 6 5 72.75(b)(2) and (3) .
- 3. Change Requirement for Submittal of Dry Cask Storage Effluent Report in 9 72.44.
/
Current regulations in s 72.44(d)(3)<"t.iwnw Condtttonse. require submittal of a dry cask storage effluent report to the appropriate NRC regional office within the first 60 days of each year. Section 50.36a(a)(2).
" Technical specifications on effluents from nuclear power reactors." requires that a similar report be submitted to the Commission once each year specifying i
j liquid and gaseous effluents from reactor operations.
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j l I The proposed revision would permit reactor licensees to submit their dry cask storage effluent report to the NRC once each year at the same time as the
! effluent report from reactor operations. The interval of time between I
submission of these reports would be no longer than 12 months. However.
8M duringthephasezinperiodaftertheeffectivedateoftherule,thelicensee g
-t may submit reports for a shorter period of time FperiodJfor the first report OM
' hjQ[Mtogetonthesamereportingschedulefortheannualreactoreffluent report.
1
- 4. Clarify reporting requirements for specific events and conditions in s 72.75 Section 72.75 contains reporting requirements for specific events and conditions, including the requirement in 6 72.75(d)(2) for a follow-up written report for certain types of emergency and non-emergency notifications.
Section 72.75(d)(2) also contains a brief description of the type of .
l information to be included in the required report.' hperiencehas emosgL l been that this brief description has not been sufficient to elicit suff4ee p tc, l information for the, staff to complete its review of a report, necessitating follow-up contacts with the licensee to secure additional information. Many requirements for the content of reports appropriate for reporting Independent Spent Fuel Storage Installation (ISFSI) or Monitored Retrievable Storage (MRS) l events and conditions are found in 5 50.73(b),whicbf has used as guidance. The proposed rulemaking would place appropriate 5 50.73(b) requirements in 9 72.75(d)(2) and thereby clearly inform licensees of the information necessary for the, staff's review of a report.
9E 5
i w______________-________-__ _ _ _ _ _ _ _ _ _ _ _ _
l l 5. Clarify requirement for capability for continuous monitoring for l
l confinement storage systems (6 72.122(h)(4);
l Under current regulations. 9 72.122(h)(4) requires the capability for continuous monitoring of storage confinement systems. The meaning of
" continuous" is open to 4H nterpretatior[and does not differentiate between monitoring re'auirements for wet and dry storage of spent fuel. Wet A t-storage requires active heat removal systems that involve a monitoring which "
is " continuous" in the sense of uninterrupted. _the_other_hinil) cause of the passive nature of dry storage, active heat removal systems are not needed i and monitoring can be less frequent. This rulemaking would clarify that the frequency of monitoring can be different for wet and dry storage systems.
i
- 6. Clarify requirement specifying instrument and control systems for monitoring dry spent fuel storage in s 72.122(1).
Section 72.122(i) requires that instrumentation and control systems be provided to monitor systems important to safety and does not distinguish between wet and dry storage systems. Far wet storage systems are required to monitor and control heat removal. For dry storage, passive heat removal is I w o u ld used and a control system is not required. This proposed change clarify that control systems are not needed for dry storage systems.
- 7. Clarify requirement for dry spent fuel storage cask on methods of criticality control in 72.124(b)
A 5 i 6 l 1
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l Section 72.124(b) requires specific methods for criticality control.
I including the requirement that where solid neutron absorbing materials are must used, the desig provide for positive means to verify their continued efficacy. This requirement is appropriate for wet spent fuel storage systems l
! but not for dry spent fuel storage systems. The dry spent fuel storage casks are sealed and it is not practical to penetrate the integrity of the cask to l Amake_th measurement for verifyirbhe efficacy of neutron absorbing materials. Moreover, the potentially corrosive environment under wet storage eenus<
conditions is not present in dry storage systems ince an inert environment is maintained. This proposed rulemaking > clarifyf]e,ud that positive means for verifying the continued efficacy of solid neutron absorb ..g materials are not required for dry storage systems.
8.
I Clarify requirements in 572.140(d)concerningpreviouslyCommissiong approved quality assurance program3cuuTO,m ng-tv fAppendix B of 10 CFR Part 50 2aecsMmoua 3 Section 72.174 specifies that quality assurance (OA) records shall be maintained by or under the control of the licensee until the Commission l terminates the license. However. 5 72.140(d) allows a holder of a Part 50 license to use its approved Part 50, Appendix B, QA program in place of the Part 72 OA requirements including the requirement for 0A records. Appendix B allows the licensee to determine what records will be considered pe,rmanent u sing
, records, using Regulatory Guide 1.28. Thus, Part 50 licensees utilia ng an
- Appendix B QA program could choose not to make permanent all records generated weua %us in support of Part 72 activities. This proposed rulemaking wH- require such ,
licensees to follow the Part 72 requirement to maintain 0A records until
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[ termination of the license.
Ct:-
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In Finding of No Significant E W
- Impact: Availability
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/ 'Ns The Commission has determined under the National Environmental Pol y
$' ct of 1969. as amended, and the Commission's regulations in Subpart A of
> /
= {J l10 CFR Part 51, that this rule, if adopted would not be a major Federal v
I3 ction significantly affecting the quality of the human environment and
/
ro g thereffore \ an environment]Jmpact-stai.ement is710t requir j p Eap Paperwork Reduction Act Statement swys '
This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and l approval of the paperwork requirements Public reporting burden for this collection of information is estimated to average 38 hours4.398148e-4 days <br />0.0106 hours <br />6.283069e-5 weeks <br />1.4459e-5 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the l
data needed, and completing and reviewing the collection of information. Send !
comments regarding this burden estimate or any other aspect of this collection L
of information. including suggestions for reducing this burden, to the Information and Records Management Branch (T-6F-33). U.S. Nuclear Regulatory
! Commission. Washington, DC 20555-0001: and to the Paperwork Reduction Project i
(3150-0132). Office of Management and Budget. Washington. DC 20503.
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(Sb l Electronic Access Comments e'ay be submitted electronically, in either ASCil text or Wordperfect i
I format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on
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FedWorld. The bulletin board may be accessed using a personal computer, a modem, 4 and one of the commonly available communications software packages, or directly via Internet.
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If using a personal computer and modem, the NRC rulemaking subsystem on
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FedWorld can be accessed directly by dialing the toll free number 800-303-9672.
Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC i
rulemaking subsystem then can be accessed by selecting the " Rules Menu" option from j the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and data bases also have a " Help /Information Center" option that is tailored to the particular subsystem.
The NRC subsystem on FedWorld also can be accessed by a direct dial telephone number for the main FedWorld BBS,703- 321-3339, or by using Telnet via Internet: fedworld. gov. If using 703- 321-3339 to contact FedWorld, the NRC subsystem will be accessed fom the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting
Regulatory Information Mall." At that point, a menu will be displayed that has an p option "U.S. Nuclear Regulatory Commission" that will take the user to the NRC online l
main menu. The NRC online area also can be accessed directly by typing "/go NRC" at
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a FedWorld command line. If the user accesses NRC from FedWorld's main menu, he or she may return to FedWorld by selecting the " Return to FedWorld" option from the NRC online main menu. However, if the user accesses NRC at FedWorld by using NRC's toll-free number, he or she will have full access to all NRC systems but will not have access to the main FedWorld system.
If the user contacts FedWorld using Telnet, he or she will see the NRC area and menus, including the Rules Menu. Although the user will be able to download documents and leave messages, he or she will not be able to write comments or upload files (comments). If the user contacts FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all the user will see is a list of files without descriptions (normal Gopher look). An index file is available listing and describing all files within a subdirectory. There is a 15-minute time limit for FTP access.
Although FedWorld also can be accessed through the World Wide Web, like FTP that mode only provides access for downloading files and does not display the NRC Rules Menu.
For more information on NRC bulletin boards, call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555-0001, telephone i
301-415-5780; e-mail AXD3@nrc. gov.
t
Environmental impact: Categorical Exclusion The NRC has determined that this proposed rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(1). Therefore, neither an environmentalimpact statement nor an environmental assessment has been prepared for this proposed regulation.
Insert C Public Protection Notification The NRC may not conduct or sponsor, and a person is not require to respond to, a collection of information unless it displays a currently valid OMB control number.
I^
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l Regulatory Analysis The Commission has prepared a draft regulatory analysis on the proposed eno -ir c~ee to j rule change to clarify 9 72.75(d)(2) to include'reportginformation on j Airements for events and conditions that are found in 9 50.73(b) and to clarify 9 72.140(d) to amend regulatory requirements to ensure that all Part 72 licensees. including those who have adopted an Appendix B quality A
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[ssurancedQA5 program, currently maintain the OA records wMedre prescribed in 9 72.174 as permanent records. The analysis examines the costs and benefits of the alternatives considered by the Commission. The draft analysis is available for inspection in the NRC Public Document Room. 2120 L Street NW (Lower Level). Washington. DC. Single copies of the analysis may be obtained ,
l from M. L. Au. Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory l Commission. Washington, DC 20555-0001, telephone (301) 415-6181 e-mail mla@nrc. gov.
The Commission requests public comment on the draft analysis. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.
Regulatory Flexibility Certification
^
- 0 In accordance with the Regulatory Flexibility Act of 1986 (5 U.S.C.
605(b)) the Commission certifies that this rule will not. if promulgated, j have a significant economic impact on a substantial number of small entities.
l This proposed rule affects only the operators of nuclear oower plants and fabricators of spent fuel storage casks. These companies do not fall within 9
the scope of the definition of "small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
l l
Backfit Analysis og The NRC has determined that the backfit rule.10 CFR 6P. does not propo w l apply to this rulec=
f because these amendments do not involve any provisions SoitoWOO1 '
that would impose backfits as defined in 10 CFR-72.52(a). Therefore, a backfit analysis in not required for this proposed rule.
List of SubjectgTecm3
% Power It4 ming ptogrc4mS, Id 4t\ Por f00d Efib4 IS OctopphongI 9 de 4 u. o.n a h e =H h
, u 72LReportinganddecordkeepingrequirements Spent- M storage Se. cur,4 s e%ur eg Sped (u(b For the reasons set out in the preamble and under the authority of the i
AtomicEnergyActof1954,asamended]theEnergyReorganizationActof1974, asamendedjand5U.S.C.553,theNRCisproposingtoadoptthefollowing l amendments to 10 CFR Partis 40 andl72 I
PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR l
FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE l, we cuWordy (Ambon Soc Pod l b EDMN ES l qco Rou oW S
AUTHORITY: Secs. 51. 53, 57, 62. 63. 65, 69. 81. 161. 182. 183.
l 184. 186, 187. 189. 68 Stat. 929. 930. 932. 933, 934. 935. 948. 953. 954, 955.
l
! as amended, sec. 234, 83 Stat. 444. as amended (42 U.S.C. 2071, 2073. 2077.
2092. 2093. 2095. 2099. 2111. 2201. 2232. 2233. 2234. 2236. 2237, 2238, 2282):
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sec. 274. Pub. L.86-373, 73 Stat. 688. as amended (42 U.S.C. 2021): sec. 201, as amended. 202. 206, 88 Stat. 1242 as amended. 1244, 1246 (42 U.S.C. 5841.
__---~%.,
5842, 5846); Pub. L.95-601, sec. 10. 92 Stat. 2951(as amende,d,,by Pubj . 102 ( _,
.{486. sec. 7902,106 Stat. 3123 (42 ) U.S.C. 5851); sec.102. Pub. L.91-190. 83 Stat. 853 (42 U.S.C. 4332): secs. 131. 132. 133. 135, 137. 141. Pub. L.97-425, 96 Stat. 2229, 2230. 2232, 2241 sec. 148. Pub. L. 100-203. 101 Stat.
1330-235 (42 U.S.C. 10151. 10152, 10153. 10155. 10157. 10161. 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c). (d). Pub. L.
100-203. 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b). 10168(c). (d)).
Section 72.46 also issued under sec. 189. 68 Stat. 955 (42 U.S.C. 2239): sec. 134. Pub. L.97-425. 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g). Pub. L. 100-203. 101 Stat. 1330-235 (42 U.S.C.
10165(g)). Subpart J also issued under secs. 2(2). 2(15). 2(19). 117(a).
141(h). Pub. L.97-425. 96 Stat. 2202, 2203, 2204. 2222. 2224 (42 U.S.C.
10101. 10137(a). 10161(h)). Subparts K and L are also issued under sec. 133.
98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a). 96 Stat. 2252 (42 U.S.C.
10D8) . -
y .- .- _.. - - -
' FEDERAL REGISTER CITATION: December 14. 1994:
58FR64285.}Md
/
DESIRED AUTHORITY CITATION: Yes None. /
(SECTIONLEVELAUTHORITIESTOBEREMOVED:
._ _ _ _ _. _ _ _._ _.._ / ,
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- 2. Section 72.1 ovuld im revised as follows:
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9 72.1 Puroose.
The regulations in this part establish requirements, procedures, and criteria for the issuance of licenses to receive, transfer, and possess power reactor spent fuel and other radioactive materials associated with spent fuel storage in an independent spent fuel storage installation (ISFSI) and the n ese terms and conditions under which the Commission will issue s+x4 licenses.
The regulations in this part also establish requirements, procedures, and (ne U.',. De o e rf =** e =4 .C C,. e e m criteria for the issuance of licenses to'(DOE)to receive transfer, package, and possess power reactor spent fuel. high-level radioactive waste, and other radioactive materials associated with the spent fuel and high-level radioactive waste storage. in a monitored retrievable storage installation (MRS). Furthermore, the regulations in this part also establish requirements, procedures and criteria for the issuance of Certificates of Compliance approving spent fuel storage casks.
L 3 roeh C b Tn 'E %4 R*MChe is<aremove a s porotro 6 popg$)3 Ph( o n h o' n t' W
- 3. Section 72.2 .:culJ be icv ded=ss fol-laws M <..
pcnxn gro p h (O is cA A e & i o r eed a 5 t o D. O ' 'E ,,
9 72.2 Scooe.
-. _,I IDelete s 72.2(e) -- superseded information regarding the Federal interim storage program. The existing 5 72.2(f) will become new 5 72.2(e).
Add a new paragraph (f) -- _-
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(f) Certificates of Compliance approving the use of spent fuel storage casks shall be issued in accordance with the requirements of this part as stated in 9 72.236.
- 4. Section 72.4 is revised to read as follows:
_s 72.4 Communications 3 Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under themj should be addressed to the U.S. Nuclear Regulatory Commission. ATTN: Document Control Desk, Washington. DC 20555-0001.
M
- 5. Sectio $ paragrag n 72.44.
jyy Lic **K-K p{d)(3) is iorevised n% to read as follows -
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(3) An annual report be submitted to the U.S. Nuclear Regulatory
- cool Commission. ATTN Document Control Desk. Washington, DC 20555','with a copy to the appropriate regional office specified in pendix A of Part 73 of this chapter, specifying the quantity of each of the principal radionuclides released to the environment in liquid and in gaseous effluents during the previous 12 months of operation,and such other information as may be required by the Commission to estimate maximum potential radiation dose commitment to 99 the public resulting from effluent releases.phe basisjthis report and _
any additional information the Commission may obtain from the licensee or others, the Commission may from time to time require the licensee to take such 13 1
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action as the Commission deems appropriate. The time between submission of reports must be no longer than 12 months.
rn s g g y .y- K .
-1
- 6. fecti[a 72.75}(d)(2) wouhte revised as follows ,--gh(.4\) M(7l .
0 P * * %'* 0555 bT. . LO & heb Q :
Delete 5; 72.7;(d)(2)(i).,(ii). (i iiT-(tr&M and--(vi) . _ M.O
% 7 9.15 Reporung eeSmyyneds Cor s puif.c_ ewen4 s ceiQJpna 0 anse ,
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lb) % %K-(2) Written report. Each licensee who makes an initial report required i
by paragraph (a) or (b) of this section shall submit a written follow-up report within 30 days of the initial report. Written reports prepared i pursuant to other regulations may be submitted to fulfill this requirement if 4
)
the reports contain all of the necessary information and the appropriate I
distribution is made. These written reports must be sent to the U.S. Nuclear Regulatory Commission. Document Control Desk. Washington. DC 20555-0001, with a copy to the appropriate NRC Regional Office listed in Appendix D of 10 CFR Part 20. These reports must include the following: 1 i
(l) A brief abstract describing the major occurrences during the event, including all component or system failures that contributed to the event and .
1 significant corrective action taken or planned to prevent recurrences
.A li !
E(/) A clear, specific, narrative description of what occurred so that S
knowledgeable readers conversant'with the design of ISFSI or MRS but not familiar with the details of a particular facility, can understand the complete even+ ' andL l.
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(/) The narrative description must include the following specific information as appropriate for the particular event:
4 (A) ISFSI or MRS operating conditions before the event.
M (B) Status of structures, components, or systems that were inoperable at the start of the event and that contributed to the event.
4(C)Datesandapproximatetimesofoccurrences.
$ (D) The cause of each component or system failure or personnel error, if known.
k (E) The failure mode, mechanism, and effect of each failed component, if known.
9(F)Forfailuresofcomponentswithmultiplefunctions,includealistof systems or secondary functions that were also affected.
2 (G) For failure that rendered a train of a safety system inoperable, an estimate of the elapsed time from the discovery of the failure until the train was returned to service.(applies to wet spent fuel systems storage only).
4 (H) The method of discovery of each component or system failure or procedural error.
2 (I)(1) Operator actions that affected the course of the event, including operator errors, procedural deficiencies, or both. that contributed to the event.
(2] For each personnel error the licensee shall discuss:
Q Q) Whether the error was a cognitive error (e.g., failure to recognize the actual facility condition, failure to realize which systems should be functioning, failure to recognize the true nature of the event) or a I procedural error:
Q(i,i)Whethertheerrorwascontrarytoanapprovedprocedure,wasadirect 15 l
result of an error in an approved procedure, or was associated with an activity or task that was not covered by an approved procedure:
q Qij.) Any unusual characteristics of the work location (e.g., heat, noise) that directly contributed to the error; and Q (g) The type of personnel involved (i .e. , contractor personnel, utility-licensed operator, utility-nonlicensed operator. other utility personnel).
g(J)Automaticallyandmanuallyinitiatedsafetysystemresponses(wetspent fuel storage systems only).
$ (K) The manufacturer and model number (or other identification) of each component that failed during the event.
%(L)Thequantities,andchemicalandphysicalformsofthespentfuelorHLW involved.
45 N (3) An assessment of the safety consequences and implications of the event. This assessment must include the availability of other systems or components that could have performed the same function as the components and systems that failed during the event. I (4) A description of any corrective actions planned as a result of the event including those to reduce the probability of similar events occurring in the future.
(5) Reference to any previous similar events at the same plant that are known to the licensee.
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(6) The name and telephone number of a person within the licensee's 4
E h organization who is knowledgeable about the event and can provide additional cs
$D ngo ,
information concerning the event'and the plant's characteristics. -
3 (7) The' extent of exposure of individuals.to radiation or to radioactive
' $ dj materials without identification of individuals by name
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[@ . Scctihm72.216.-paragraph,(c)isrevisedamkonecteutoreadas follows: -
) 1a,2% Ret %p, ~
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'(c) The general licensee shall make initial and written reports in accordance with 5572.74 and 72.75.-except for-the events specified by
@l 72.75(b)(2) and (3) for which the initial reports will be made under paragraph (a) of this section.
P9c45t* N S . g gee . t5 CS*2 1g. ;Lwi72.122[h)(4)Cu$ revised ows:
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(h)+<W (4) Storage confinement systems must have the capability for continuous monitoring in a_ manner such that the licensee will be able to determine when corrective action needs to'be taken to maintain safe storage conditions. For dry storage, periodic monitoring is sufficient provided that periodic monitoring is consistent with the cask design requirements. The monitoring period shall be based upon the cask design requirements.
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e dection 72.122(i) .=1d be remed = folh;s: 2
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(i) Instrumentation and control systems. Instrumentation and control systems for wet spent fuel storage must be provided to monitor systems that are important to safety over anticipated ranges for normal operation and off-normal operation. Those instruments and control systems that must remain operational under accident conditions must be identified in the Safety Analysis Report. Instrumentation systems for dry spent fuel storage casks must be provided in accordance with cask design requirements to monitor conditions that are important to safety over anticipated ranges for normal conditions and off-normal conditions. Systems that are required under accident conditions must be identified in the Safety Analysis Report.
[> ara %TCPh % re<x&
8 r iQ f 7,,16. Section-72.124tb) would uc revised as follows: ,
g 73.aq tc \etio- Gr nuc\*or 4tilice % Sode b e y- -Y + + k (b) Metho_ds_of_ criticality control q. When practicable,the design of an ISFSI or MRS must be based on favorable geometry. permanently fixed neutron absorbing materials (poisons), or both. Where solid neutron absorbing mu'A.
materials are used, the design stem-provide for positive means of verifying their continued efficacy. For dry spent fuel storage systems. the continued efficacy may be confirmed by demonstration before use and an analysis showing that significant degradation of the neutron absorbing materials cannot occur over the life of the facility.
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Q, h73 is Seet4en.72.140/d)-wotHtbe revised -by-ed44ncHtte-foHmmg sentence at the end cf the [t ntDe: % E'D M $
Q N o QuwM yauuranc<. r3ug em* n\g y N vvv (d) Previously approved programs. A Commission-approved quality 18 I
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assurance program which satisfies the applicable criteria of Appendix B to Part 50 of this chapter and which is established, maintained, and executed with regard to an ISFSI will be accepted as satisfying the, requirements of usm paragraph (b) of this secti,on except that a licensee-utilim'sTg an Appendix B SN,\\
quality assurance program ettst also meet the requirement of 5 72.174 for recordkeeping. Prior to first use, the licensee shall notify the Director.
Office of Nuclear Material Safety and Safeguard ( U.S. Nuclear Regulatory 4
Commission. Washington DC 20555-0001, of its intent to apply its previously approved pendix B program to ISFSI activities. The licensee shall identify the program by date submittal to the Commission, docket number, date of Commission approval. and Dated at Rockville. Maryland, this day of . 199_.
For the Nuclear Regulatory Commission.
John C. Hoyle.
Secretary of the Commission.
P72.PR 8/20/97 19 l
Attachment 2 Draft Regulatory Analysis for Proposed Rule Miscellaneous Changes to 10 CFR Part 72 Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste e
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DRAFT REGUi.ATORY ANALYSIS ,
l Statement of the Problem
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The Nuclear Regulatory Commission (NRC) is proposing to amend its a
regulations to ensure that Part 72 requirements would include: (1) appropriate Moh specific reporting requireinents from 5 50.73(b) wMeh include . certain types of emergency and non, emergency notifications in s 72.75(d)(2) Me to clearly inform licensees of the information necessary for the NRC review of these reports, and (2) quality assurance (0A) records as permanent records
+Aat j which are prescribed in 9 72.174 for those licensees who adopted an Appendix B Quality Assurance Program. i Ob.iectives i
- 1. The intent of this proposed rulemaking is to incorporate certain licensee event reports requirements delineated in s 50.73(b) into ;
6 72.75(d)(2). This would clearly inform licensees of the information l 1
necessary for NRC review of these reports to ensure protection of public health and safety.
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- 2. The intent of this proposed rulemaking is to amend requirements that all Part 72 licensees. including those licensees under an Appendix B QA D
program, maintain w ality a nucesce records permanently until termination of the license.
Cost and Benefit of Alternative
- 1. All Part 72 licensees are required to report specific events and conditions, including follow-up reports for certain types cf emergency and non-emergency notifications. Section 72.75(d)(2) currently contains a brief description of the type of information to be included in the required reports.
However, this description has not proven adequate for licensee submission and it has become necessary for the NRC to request additional information.
Reporting of information beyond that required under the current requirements in 5 72.75(d)(2) is voluntary on the part of licensees who have complied with the staff's request for additional clarifying information.
Q u c> u M --
___Einee' there is no assurance that the additional information for the reports would continue to be provided in the future. NRC's regulatory analysis policy _
prescribes that for base case cost-benefit calculations. it is appropriate to
.give no credit for those voluntary actions, and to view this as an incremental burden of the proposed regulatory action. The industry cost for preparing this information is estimated to be $11.200 per year. This annual cost is based on 40 licensees preparing reports at a rate of $70 per hour. Likewise, the additional cost incurred by the NRC to follow-up on licensee provided i information is estimated to be about $10,000 per year. This figure is equally applicable to both reactor and non-reactor licensees storing spent fuel. lhe 2
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life-time incremental burden for the affected licensee population is I approximately $119.000. The staff estimates that the present worth of annual y
cost is based on a 7 percentFreal discount rate over a 20-year period which corresponds to the life of the license.
- 2. All Part 72 licensees, including those who have adopted an Q$ C9 %
Appendix B ^usl N Anui one program, currently maintain the quul dy anui anw w#
records s tehgare prescribed in 5 72.174 as permanent records. However, the maintenance of 0A records beyond those required under Appendix B is voluntary on the part of licensees who have adopted an Appendix B QA program. Srmee b"'"
there is no assurance that these additional records would continue to be maintained in the future, NRC's regulatory analysis policy prescribes that for base case cost-benefit calculations it is appropriate to give no credit for those voluntary actions. and to view this as an incremental burden of the proposed regulatory action. The staff estimates that the 20-year present worth cost to a reactor licensee to maintain all permanent records is on the order of $100.000 per licensee. This assumes an average one-time cost of
$40,000 for a vault or cabinet, an annual labor cost of $6000 to maintain the records, and an annual storage fee of $500. The present worth of the annual cost s based on a 7 percent real discount rate over a 20-year period which corresponds to the life of the license. Based on discussion with NRC staff directly involved in oversight of 5 72.174 requirements. it is estimated that the permanent Independent Spent Fuel Storage Installation (ISTSI) records l represent no more than 5. percent of the total permanent records required to be maintained by a reactor licensee. Thus, it is estimated that the 20-year incremental burden resulting from this rule change is on tho ordcr c^ $5000 3
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l per licensee. This figure is equally applicable to both reactor and non-reactor licensees storing spent fuel. Given that there are about 40 licensees currently relying on the Appendix B QA program in lieu of 9 72.142, the life-time incremental burden for the affected licensee population is approximately
$200.000.
Alternatively for sensitivity analysis purposes it is useful to recognize that this new regulatory requirement is currently being met under existing licensee practices, and in terms of real dollar outlay there is no a change in burden associated with this regulatory action. This presumes, however, that absent these proposed changes: (1) those licensees making reports under-Scctie412.75(d)(2) would continue to make reports with the necessary information in support of Part 72 activities, and (2) licensees 145m3 ut441izmg an Appendix B QA program would continue tohanentij mainball records generated in support of Part 72 activities. The emphasis of making reports with the necessary information and maintaining permanent quattt7 D6
_Assuparce records until termination of the licensejwould be on those activities and items that are identified as being important to safety.
The benefits associated with these rule changes are that necessary 99 information is included in reports and qualit., 6asui aiice records are maintained permanently when identified with activities and items relating to importance to safety. These reports and records are needed to facilitate NRC inspection to verify compliance with regulatory reporting requirements to ensure the protection of public health, safety. and the environment. In the i
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staff's view, this incremental benefit exceeds the relatively small incremental cost associated with this proposed change.
P72RA2.PR 8/20/97 i
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Attachment 3 Congressional' Letters l
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pt M 'U4 g' 4 UNITED STATES s# j NUCLEAR REGULATORY COMMISSION WASHINGTON D.C. 206d54001
'+9 . . . . . ,o The Honorable James M. Inhofe. Chairman Subcommittee on Clean Air. Wetlands. Private Committee on Environment and Public Works United States Senate l Washington. DC 20510 l Dear'Mr. Chairman-The "ritad Stetc,, Nuclear Regulatory Commission (NRC) has sent to the Office i of the Federal Register for publication the enclosed proposed amendments to l the Commission's rule in 10 CFR Part 72. The proposed rule, if promulgated. ,
l Wg\1.wt4+ regulation. correct several inconsistencies and clarify certain sections in this '
The Commission is issuing the proposed rule for public comment and has !
specifically recuested comments with respect to the scope, level of ,
specificity, anc methods of implementation of the rule. !
Sincerely.
Dennis K. Rathbun. Director Office of Congressional Affairs
Enclosure:
Federal Register Notice j cc: Senator Bob Graham I.
Woo j~ 4 UNITED STATES
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NUCLEAR REGULATORY COMMISSION WA8HINGTON, D.C. 2066641001 O
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The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee.on Commerce United States House of Representatives Washington, DC 20515-
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Dear Mr. Chairman-The iJnited St5 tem- Nuclear Regulatory Commission (NRC) has sent to the Office o' the Federal Register for publication the enclosed proposed amendments to t'le Commission's rule in 10 CFR Part 72. The proposed rule, if promulgated.
M. M JAM correct several inconsistencies and clarify certain sections in this regulation.
V The Commission is issuing the proposed rule for public comment and has {
specifically recuested comments with respect to the scope, level of .
specificity, anc methods of implementation of the rule.
Sincerely. l l
Dennis K. Rathbun; Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc: Representative Ralph Hall' ;
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FOR: The Commissioners FROM: L. Joseph Callan. Executive Director for Operations j i
SUBJECT:
PROPOSED RULE: MISCELLANEOUS CHANGES TO 10 CFR PART 72.
LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT i
NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE PURPOSE:
To inform the Commission of a proposed rule to amend in 10 CFR Part 72 to correct several inconsistencies and to clarify certain sections.
ISSUE:
The Commission's licensing requirements for the independent storage of spent nuclear fuel and high-level radioactive waste are specified in 10 CFR Part 72.
Experience in applying Part 72 has indicated that it is not adequate in some respects and that certain additions and clarifications to the rule are i j
necessary.
The staff has reconsidered the' item in the rulemaking plan to remove the use l of natural or depleted uranium in spent fuel storage casks from the licensing j requirements of 10 CFR Part 40. In consideration of the low level radioactivity, high chemical toxicity, and the large amounts of uranium (tons) that would be required for this application, we have concluded that the i fabrication of spent fuel storage casks using natural or depleted uranium !
should be a licensed activity. Thus, it would not be appro]riate to add this activity to the items that are exempt under 10-ffR 40.13. " Unimportant !
quantities of source material." 1>3 ;
DISCUSSION:
In SECY-97-069 dated March 28. 1997, the staff submitted a Rulemaking Plan for
. Commission approval to make a number of miscellaneous changes to 10 CFR Part CONTACT:
M. L. Au. WMB/DRA/RES (301) 415-6181 1
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The Commissioners 2
- 72. SRM dated April 24, 1997 advised that the Commission has no objection to implementation of SECY-97-069 for this proposed rulemaking action. The proposed rule addresses a group of miscellaneous items,as follows:
e Amendments to the purpose (s 72.1) and scope (s 72.2) would make these sections more complete by specifically referencing the spent fuel storage cask approval process and also delete information in the purpose and scope sections regarding the Federal interim storage program since b J the time frame for its implementation has expired (61 FR 35935j July 9.
1996).
e An administrative change to s 72.4 would provide that, except where otherwise specified, all communications and reports be addressed to NRC's Document Control Desk rather than to the Director, Office of Nuclear Material Safety and Safeguards. In addition, s 72.216(c) would be changed to correct improper references.
e An amendment to huurk72.44(d)(3) would permit reactor licensees to I submit the annual dry cask storage etfluent report to the NRC at the I same time as the annual reactor operations effluent report.
e Event reporting requirements in s 72.75(d)(2) have been found to be incomplete. As a result, staff has frequently needed to request additional information from licensees subsequent to receiving event reports. Part 72 would be amended to clearly inform licensees of the information necessary for the staff's review of a licensee's report.
e An amendment to s 72.122(h)(4) would clarify that.the monitoring requirements can be different for wet and dry storage systems.
- An amendment to s 72.122(i) would clarify that, unlike wet spent fuel storage, control systems are not needed for dry storage systems. Wee D".^ ,
no active systems are involved.
e An amendment to 6 72.124(b) would clarify that positive means for verifying the continued efficacy of solid neutron absorbing materials are not required for dry storage systems, where the efficacy is demonstrated at the outset.
e An amendment to 6 72.140(d) would require reactor licensees to maintain OA records pertaining to storage of s)ent fuel under Part 72 until l termination of the license, even if t10se records were generated under a I previous %Comission-approved quality assurance program confordr+tR Appendix B of Part 50.5 / peg
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The Commissioners 3 COORDINATION:
The Office of the Generall Counsel has no legal objection to this proposed rule. The Office of the Chief Financial Officer has no objection to the resource estimates conti,ined in the proposed rule. The Office of the Chief Information Officer has reviewed the proposed rule for information and technology and information management implications and concurs in it.
However, the proposed r.21e contai information collection requirements that must be st.bmitted to the Office of anagement and Budget pr e te publication of the proposed rule. gg(
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RECOMMENDATION:
That the Commiss m. gg
- 1. Acorove the notice of proposed rulemaking (Encic3cre 1) for publication in the Federal Reaister.
\SSUO
- 2. Certify that this rule. if pccinulgated, will not have a significant economic impact on a substantial number of small entities to satisfy the requirements of the Regulatory Flexibility Act. 5 U.S.C. 605(b).
- 3. Determine that the backfit rule 10 CFR 72.62 does not apply to this proposed rule.
- 4. Determine that neither an environmental impact statement nor a environmental assessment has been prepared because this proposed rule is eligible for a categorical exclusion as defined in 10 CFR 51.22(c)(1).
- 6. Note:
- a. This rulemaking will be published in the Federal Reaister for a g& day public comment period:
- b. The Chief Counsel for Advocacy of the Small Business <
Administration will be informed of the certification regarding economic impact on smali entities and the reasons for it as required by Regulatory Flexibility Act:
- c. The proposed rule contains information collection requirements that are subject to review by the Office of Management and Budget (OMB):
gHec bowd
- d. A regulatory analysis has been prepared (E-oclosure_2);
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The Commissioners 4
- e. The appropriate Congressional committees will be informed hhY{$Nhv14-
- f. Copies of the Federal Register notice of proposed rulemaking will be distributed to all affected Commission licensees. The notice will be sent to other interested parties upon request.
L. Joseph Callan Executive Director f r Operations QWQchme oks Erciosui w
- 1. FRN of Proposed Rule
- 2. Regulatory Analysis
- 3. Congressional Letters
- 4. Comparative text of FRN l
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