ML20211K209
| ML20211K209 | |
| Person / Time | |
|---|---|
| Issue date: | 05/03/1985 |
| From: | Randy Erickson NRC - SAFETY/SAFEGUARDS REVIEW GROUP |
| To: | Burnett R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20211K170 | List: |
| References | |
| FOIA-86-432 NUDOCS 8606270350 | |
| Download: ML20211K209 (8) | |
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78 [k'o,,- f (,' lr UNITED STATES ,
o NUCLEAR REGULATORY COMMISSION i-
{ ,I WASHINGTON. D. C. 20555 4, ,e ,
AIAY 3 1985 l MEMORANDUM FOR: Robert F. Burnett, Director i Division of Safeguards, NMSS FROM: Robert A. Erickson, Chairman Safeguards Interoffice Review Group ;
SUBJECT:
SAFEGUARDS INTEROFFICE REVIEW GROUP REPORT ON SPENT FUEL TRANSPORTATION REGULATIONS AND GUIDANCE The Safeguards Interoffice Review Group has completed a review of regulations and guidance related to spent fuel transportation safeguards.
The Group elected to address spent fuel transportation at this time so that any significant findings could be factored into the current rulemaking aimed at moderating the present protection requirements.
The Group noted several features of the existing spent fuel safeguards reg-ulatory documents that tend.to reduce the possibilities for inconsistencies.
Among these features are 1) the reliance upon a general license arrangement for most spent fuel safeguards licensees, which eliminates requirements for security plans and license reviews, and 2) the use of dedicated regulations and guidance documents that deal almost exclusively with spent fuel trans-portation safeguards.- ,
Oh The Group did not identify any major inconsistencies in the regulatory docu-mentation for spent fuel transportation safeguards, but two items were sur- j' faced that may merit further attention. These involve a potential terminology
problein and ambiguous Inspection Procedure provisions, which are discusse J in the enclosed report.
. Ro ert A. Erickson, Chairman Safeguards Interoffice Review Group
Enclosure:
Report cc: J. Davis, NMSS D. Hausshcrdt, NMSS 8606270350 860624 PDR FOIA AFTERGOB6-432 PDR l 3 -
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e SAFEGUARDS INTEROFFICE REVIEW GROUP REPORT 1
CONCERNING SPENT FUEL TRANSPORTATION
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SAFEGUARDS REGULATION & GUIDANCE Terminology - The terms " spent fuel," " irradiated fuel," and " irradiated reactor fuel" are used as though they are synonymous in the various regulations and guidance reviewed by the Group. No definition is given for these terms in 10 CFR Part 73. Definitions are provided elsewhere in NRC regulaticas, however.* While the primary sections of the regulations that deal with spent fuel transportation safeguards and related issues (i.e. ,
10 CFR sf 73.21, 73.37, and 73.71) tend to be specific in stating their applicability, they also use such terms interchangeably . For example, 10 CFR @ 73.37 (a) limits applicability of physical protection requirements of irradiated reactor fuel in transit to "Each licensee who transports, or delivers to a carrier for transport, in a single shipment, a quantity of irradiated reactor fuel in excess of 100 grams in net weight of irradiated fuel, exclusive of cladding or other structural or packaging material, which has a total e::ternal radiation dose rate in excess of 100 rems per hour at a distance of 3 feet from any accessible surface without intervening shielding. . . ."
The regulatica g;e: cn to refer to spent fuel exclusively, wi;hout referring
- c irracic
- ef rea: or fuel again. ,
Fcr example, *O CFR Part 72, which deals with licensing of independent spent fuel storage installations, contains a qualified definition for spent fuel. Paragraph 72.3(v) states: "' Spent fuel' as used in this part means irradiated reactor fuel that has undergone at least one year's decay since being used as a source of energy in a power reactor. Spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive material associated with fuel assemblies." (Underlining ;
added for emphasis). 10 CFR Part 140.91 Appendix A (Form of nuclear energy !
liability policy for facilities) defines spent fuel, wherever.used in that form of liability policy, as "... any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in any nuclear reactor."
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The Group felt that the use of several different terms to describe a class of nuclear material could lead to confusion and possible misinterpretation of the regulations. Moreover, the interchangeable use of " spent fuel," " irradiated fuel," and " irradiated reactor fuel" may be technically incorrect because all spent fuel is irradiated (reactor) fue.1, but all irradiated (reactor) fuel is not l necessarily spent fuel. .
1 The Group noted that the staff has prepared a draft final rule (see Refs. 1, 2) which would moderate current requirements for safeguards of spent fuel shipments. The draft requirements contain parenthetical expressions to demonstrate the intended equivalence of terms.* The revised title of 10 CFR 9 73.37, for example, is " Requirements for physical protection of irradiated reactor fuel (spent fuel) in transit." This will serve to clarify the regulations, but the technical semantics problem alluded to above may still exist.
s Ambiguous Inspection Recuirements - IE Inspection Procedure 81310 (" Physical Protection of Shipments of Irradiated Fuel," see Ref. 3), contains potentially confusing inspection requirements relative to protection of sea shipments of spent fuel. Section 024 (a) of Inspection Procedure 81310 requires that inspectors " Verify that a shipment vessel, while docked in a U.S. port in a heavily pcpulated area, is protected by either two armed escorts stationed on
{ the vessel or en the doch with unobstructed cbservation of the vessel or by a ,
member of an LLEA (Local Law Enforcement Agency) equipped with~ normal radio communications...." (Underlining added for emphasis).
Section 024(e), however, charges inspectors to " Verify that a member of the LLEA equipped with normal LLEA radio communications is stationed on board the shipment vessel or on the dock at a location that will permit unobstructed observation of the shipment vessel...."
Because the regulation (10 CFR S 73.37 (e)(1)) allows either of the two escort l
configurations mentioned in Section 024(a) of the Inspection Procedure (see i
Ref. 3), it appears that Section 024(e) is overly restrictive.
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i REFERENCES i
Cited in Text: Description or Designator:
- 1. U.S. Nuclear Regulatory Commission, 1. (unnumbered)
Divisics of Safeguards, NMSS, Memo-
! r:adum, Robert F. Burnett, to Attached l Distribution List, NRC, " Protection of
- Spent Fuel Shipments
- Draf t Final Rule,"
! March 18, 1985.
> l i 2. U.S. Nuclear Regulatory Commission, 2. Draft Final Rule 2
Executive Director for Operations, Memorandum, William S. Dircks, to ,
I Cocsissioners, NRC, " Moderation af Protection Requirements .for Spent
., Fuel Shipments : Final Rule,"
'::rch IS, !?!5.
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- 3. U.S. Nuclear Regulatory Commission, 3. Active Inspection t
- nspection Procedure 31310, " Physical Procedure 81310 l
'retection of Shipments of Irradiated c
Fuel." July 1. 1983.
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4 BIBLIOGRAPHY 1
Code of Federal Rerulations Title 10, Chapter I:
S 70.20 - General license to own SNM material
- $ 70.20(a) - General license to possess SNM for transport Part 72 - Licensing of Spent Fuel' Storage Installations 6 72.3(v) - Definition of spent fuel Part 73 (proposed)-Modified protection requirements for spent fuel shipments S 73.21 - Protection requirements for safeguards information l 9 73.21(a) - General performance requirement 6 73.21(b) - Protected information
- 6 73.21(c) - Safeguards Information access S 73.21(d) - Protection while in use/ storage 9 73.21(e) - Document preparation, markings s 73.21(f) - Safeguards Information copying / destroying 5 73.21(g) - External transmission, documents, material 6 73.21(h) - ADP system use i
5 73.21(i) - Removal from Safeguard., Information category 6 73.50 - Physical protection requirements for licensed activities 5 73.67 - Physical protection intransit requirements, SNM (mod. & low) s 73.71 - Event reporting requirements j 73.72 - Advance notice requirement for SNM shipments s 73.72ta) - Notificatica procedures ,
s 73.7;(b) - Necessary information provision 5 73.72(c) - Notification of NRC Part 73 Part 70, App. D - Training program for escorts 5 73.37 (proposed)* - Physical protection requirements for irradiated fuel in transit S 73.37(a) (proposed) - Performance objective 9 73.37(b) (proposed) - General protection requirements for spent fuel shipments cooled < 150 days
- Found in Federal Register 49 FR 23871.
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BIBEIOGRAPHT Cont'd 1
I $ 73.37(c) (proposed) - Road shipment of spent fuel cooled < 150 days 9 73.37(d) (proposed) - Rail shipment of spent fuel cooled < 150 days 6 73.37(e) (proposed) - Sea shipment of spent reactor fuel cooled < 150 days j
l 6 73.37(f) (proposed) - Protection requirements for spent fuel shipments cooled 150 days or more l
$ 73.37(g) (proposed) - Prior notification requirements !
6 73.37(h) (proposed) - Schedule information protection activities i j $ 73.37 - Physical protection requirements for irradiated reactor fuel in transit S 73.37(a) - Performance objectives S 73.37(b) - General requirements
@ 73.37(c) - Road shipments S 73.37(d) - Rail shipments i 9 73.37(e) - Sea shipments 6 73.37(f) - Prior notification procedures S 73.37(g) - Schedule information protection 6 140.91 - Appendix A - Nuclear Energy Liability Policy 1
Guidance Documents: Desienator:
- 1. U. S. Nuclear Regulatory Commission, NUREG - 0923 i
" Advance N:tification of Shipments i
cf Nuclear k'aste and Spent Fuel,"
I (Guidance), NUEEG - 0923, June 1982.
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. U.S. Nuclear hegulatory Ccmmission, Active Inspection Inspection Procedure 81S10, " Physical Procedure S1810 i '
Protection of Safeguards Information,"
October 1, 1982.
l 3. U. S. Nuclear Regulatory Commission, IE Manual Chapter 2681
( " Manual Chapter 2681, Safeguards Inspection of Fuel Facilities, Transport of SNM and Irradiated Fuel, and SNM Imports and Exports," July 18, 19S4
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6 BIBEIOGRAPHY Cont'd Guidance Documents, Cont'd: Designator:
- 4. U. S. Nuclear Regulatory Commission, NUREG-0561
" Physical Protection of Shipments of Irradiated Reactor Fuel," (Interim Guidance), NUREG-0561, Rev. 1, June 1980.
- 5. U. S. Nuclear Regulatory Commission, NUREG-0794
" Protection of Unclassified Safeguards Infor-mation," (Criteria and Guidance), NUREG-0794, October 1981.
- 6. U. S. Nuclear Regulatory Commission, "Public NUREG-0725 Information Circular for Shipments of Irradiated i Reactor Fuel," NUREG-0725, Rev. 4, June 1984
- 7. U. S. Nuclear Regulatory Commission, Regulatory Regulatory Guide
] G;ide 5.62, " Physical Protection for Transient 5.63 i
Shipments," July 1982.
! S. U. S. Nuclear Regulatory Commission, Regulatory Regulatory Guide Guide 5.15, " Security Seals for the Protection and 5.15 Control of Special Nuclear Material," January 1974.
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- 9. U. S. Nuclear Regulatory Commission, Regulatory Regulatory Guide Guide 5.31, " Specially Designed Vehicle with Armed 5.31 Guards for Road Shipment of Special Nuclear Material,"
Rev. 1, April 1975.
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- 1 BIBLIOGRAPHY Cont'd 8
i Guidance Documents, Cont'd: Desianator:
- 10. U. S. Nuclear Regulatory Commission, Regulatory Guide
" Regulatory Guide 5.52, " Standard 5.52 Format and Content of a Licensee Physical Pro-
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tection plan for Strategic Special Nuclear Material at Fixed Sites (Other than Nuclear Power Plants),"
Rev. 2, July 1980.
- 11. U. S. Nuclear Regulatory Commission, Regulatory Regulatory Guide Guide 5.17, " Truck Identification Markings," 5.17 January 1974.
- 12. U. S. Nuclear Regulatorf Commission, " Spent Nuclear NUREG/BR-0020 Fuel Shipment for Law Enforcement. Agencies," (Infor-mation Package), NUREG/BR-0020.
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