[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Proposed Rules]
[Pages 3618-3621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2048]
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[[Page 3619]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[Docket No. PRM-72-2]
Portland General Electric Company; Receipt of Petition for
Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; Notice of receipt.
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SUMMARY: The Nuclear Regulatory Commission (NRC) has received and
requests public comment on a petition for rulemaking filed by the
Portland General Electric Company. The petition has been docketed by
the Commission and has been assigned Docket No. PRM-72-2. The
petitioner requests that the NRC amend its regulations which govern
independent storage of spent nuclear fuel and high-level radioactive
waste to specifically include radioactive waste produced from reactor
operations pending its transfer to a permanent disposal facility. The
petitioner believes that its proposal would clarify the process for
interim storage pending transfer for disposal of this class of
material.
DATES: Submit comments by April 16, 1996. Comments received after this
date will be considered if it is practical to do so, but assurance of
consideration cannot be given except as to comments received on or
before this date.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. Attention: Docketing and Service
Branch.
Deliver comments to 11555 Rockville Pike, Rockville, Maryland,
between 7:45 am and 4:15 pm on Federal workdays.
For a copy of the petition, write: Division of Freedom of
Information and Publications Services, Office of Administration, U.S.
Nuclear Regulatory Commission, Washington, DC 20555.
For information regarding electronic submission of comments, see
the language in the Supplementary Information section of this notice.
FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555. Telephone: 301-415-7163 or Toll Free: 800-368-5642.
SUPPLEMENTARY INFORMATION:
Background
The Nuclear Regulatory Commission received a petition for
rulemaking dated November 2, 1995, submitted by Portland General
Electric Company. The petition was docketed as PRM-72-2 on November 8,
1995. The petitioner is an NRC-licensed public utility authorized to
possess the Trojan Nuclear Plant (TNP). The petitioner requests that
the NRC amend its regulations in 10 CFR Part 72 entitled, ``Licensing
Requirements for the Independent Storage of Spent Nuclear Fuel and
High-Level Radioactive Waste.'' Specifically, the petitioner requests
that 10 CFR Part 72 be amended to include radioactive waste that
exceeds the concentration limits of radionuclides established for Class
C waste in 10 CFR 61.55(a)(2)(iv).
The petitioner anticipates that it will need to dispose of
radioactive waste categorized in 10 CFR 61.55(a)(2)(iv) as generally
unsuitable for near-surface disposal during decommissioning activities
at TNP. This material is commonly referred as ``greater than Class C''
(GTCC) waste because it exceeds the radionuclide concentration limits
of Class C waste. 10 CFR 61.55(a)(2)(iv) requires that this type of
waste must be disposed of in a geologic repository unless the NRC
authorizes disposal at another licensed site.
The petitioner indicates that its TNP decommissioning plan,
submitted to the NRC on January 26, 1995, specifies plans for transfer
of spent reactor fuel currently being stored in the spent fuel pool to
an onsite Independent Spent Fuel Storage Installation (ISFSI). The
petitioner believes that because the ISFSI will be licensed under the
requirements of 10 CFR Part 72, these regulations should be clarified
to explicitly provide for storage of GTCC waste produced from reactor
operations pending its transfer to a permanent disposal facility.
The NRC is soliciting public comment on the petition for rulemaking
submitted by the Portland General Electric Corporation that requests
the changes to the regulations in 10 CFR Part 72 as discussed below.
Discussion of the Petition
The petitioner notes that the regulations in 10 CFR Part 72
establish requirements, procedures, and criteria for the issuance of
licenses to store spent fuel and other radioactive materials associated
with spent fuel storage in an ISFSI. The petitioner believes that,
based on evaluations by the NRC and other licensees, an ISFSI provides
a safe, interim method to store highly radioactive spent fuel
assemblies pending their transfer to a permanent repository. The
petitioner's TNP Decommissioning Plan, submitted to the NRC on January
26, 1995, provides for the transfer of spent nuclear reactor fuel,
currently being stored in the TNP spent fuel pool, to an onsite ISFSI.
The petitioner suggests that, because the need to provide interim
storage for GTCC waste is not specific to TNP and is generic, the
regulations in 10 CFR Part 72 should be amended to explicitly provide
for the isolation and storage of GTCC waste in a licensed ISFSI.
The petitioner also believes that the NRC must address this issue
because decommissioning activities will involve a need to transfer or
store before transfer other radioactive materials classified as GTCC,
and because GTCC waste is not generally acceptable for near-surface
disposal as specified in 10 CFR 61.55(a)(2)(iv). The petitioner
anticipates that GTCC waste, like spent fuel and other radioactive
materials associated with spent fuel, would be stored in the ISFSI
pending the disposal in a geologic repository. The petitioner notes
that the design criteria currently provided in 10 CFR Part 72, Subpart
F, entitled ``General Design Criteria,'' establish design, fabrication,
construction, testing, maintenance, and performance requirements for
structures, systems, and components important to safety.
The petitioner also indicates that 10 CFR 72.122 encompasses
quality standards, protection against environmental conditions,
performance of confinement barriers, and the ability to retrieve
radioactive waste for processing or disposal. Criteria are also
currently provided for nuclear criticality safety, radiological
protection, waste handling, and decommissioning. The petitioner
believes that the proposed amendments to 10 CFR Part 72 would address
the consideration of radioactive waste which is beyond the scope of 10
CFR Part 61 and would serve as an interface between these regulations.
The petitioner has concluded that the proposed amendments would
prevent repetitious NRC staff reviews of individual requests to
authorize storage and disposal of GTCC wastes. The petitioner also has
concluded that the inclusion of GTCC waste under 10 CFR Part 72 would
facilitate the eventual transfer of GTCC waste to a Department of
Energy or other approved facility for proper disposal.
The Petitioner's Proposed Amendments
The petitioner requests that 10 CFR Part 72 be amended to overcome
the problems the petitioner has itemized and recommends the following
revisions to the regulations:
1. The petitioner proposes that Sec. 72.1 be revised to read as
follows:
[[Page 3620]]
Sec. 72.1 Purpose
The regulations in this part establish requirements, procedures,
and criteria for the issuance of licenses to receive, transfer, and
possess power reactor spent fuel, other radioactive materials
associated with spent fuel storage, and radioactive waste which exceeds
the radionuclide concentrations of Class C waste defined in
Sec. 61.55(a) as provided for in Part 61 of this chapter in an
independent spent fuel storage installation (ISFSI) and the terms and
conditions under which the Commission will issue such licenses,
including licenses to the U.S. Department of Energy (DOE) for the
provision of not more than 1900 metric tons of spent fuel storage
capacity at facilities not owned by the Federal Government on January
7, 1993, for the Federal interim storage program under Subtitle B--
Interim Storage Program of the Nuclear Waste Policy of 1982 (NWPA).
* * * * *
2. The petitioner proposes that Sec. 72.2, paragraphs (a)(1),
(a)(2), and (c) be revised to read as follows:
Sec. 72.2 Scope
(a) * * *
(1) Power reactor spent fuel to be stored in a complex that is
designed and constructed specifically for storage of power reactor
spent fuel aged for at least one year, other radioactive materials
associated with spent fuel storage, and radioactive waste which exceeds
the radionuclide concentrations of Class C waste defined in
Sec. 61.55(a) as provided for in Part 61 of this chapter, in an
independent spent fuel storage installation (ISFSI); or
(2) Power reactor spent fuel to be stored in a monitored
retrievable storage installation (MRS) owned by DOE that is designed
and constructed specifically for storage of spent fuel aged for at
least one year, high-level radioactive waste that is in solid form,
other radioactive materials associated with spent fuel or high-level
radioactive waste storage, and radioactive waste which exceeds the
radionuclide concentrations of Class C waste defined in Sec. 61.55(a)
as provided for in Part 61 of this chapter. The term ``Monitored
Retrievable Storage Installation'' or ``MRS,'' as defined in Sec. 72.3,
is derived from the NWPA and includes any installation that meets this
definition.
* * * * *
(c) The requirements of this regulation are applicable, as
appropriate, to both wet and dry modes of (1) spent fuel in an
independent spent fuel storage installation (ISFSI) and (2) spent fuel
and solid high-level radioactive waste, and radioactive waste which
exceeds the radionuclide concentrations of Class C waste defined in
Sec. 61.55(a) as provided for in Part 61 of this chapter in a monitored
retrievable storage installation (MRS).
* * * * *
3. The petitioner proposes that the definition of ``Spent Nuclear
Fuel or Spent Fuel'' in Sec. 72.3 be revised to read as follows:
Sec. 72.3 Definitions.
* * * * *
``Spent Nuclear Fuel'' or ``Spent Fuel'' means fuel that has been
withdrawn from a nuclear reactor following irradiation, has undergone
at least one year's decay since being used as a source of energy in a
power reactor, and has not been chemically separated into its
constituent elements by reprocessing. Spent fuel includes the special
nuclear material, byproduct material, source material, and other
radioactive materials associated with fuel assemblies. As used in this
part, spent fuel shall also be deemed to include other radioactive
materials which exceed the radionuclide concentrations of Class C waste
defined in Sec. 61.55(a) of this chapter.
* * * * *
The Petitioner's Conclusion
The petitioner has concluded that the proposed amendments to 10 CFR
Part 72 would clarify the process for interim storage, pending transfer
for disposal of waste that exceeds the limits for Class C waste, and
would also ensure safe interim storage of this waste pending permanent
disposal. The petitioner believes that the proposed amendments would
provide identical public health and safety, and environmental
protection as required for spent fuel located in an ISFSI. The
petitioner has also concluded that the proposed amendments to 10 CFR
Part 72 would avoid the costs associated with preparation of multiple
requests for handling GTCC by licensees and the review of those
requests by the NRC.
Electronic Submission of Comments
Comments may be submitted electronically, in either ASCII text or
WordPerfect format (version 5.1 or later), by calling the NRC
Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be
accessed using a personal computer, a modem, and one of the commonly
available communications software packages, or directly via Internet.
Background documents on this rulemaking are also available for
downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC rulemaking
subsystem on 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 rulemaking subsystem
can then be accessed by selecting the ``Rules Menu'' option from 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 can also be accessed by a direct dial
phone 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 from 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 option ``U.S. Nuclear
Regulatory Commission'' that will take you to the NRC Online main menu.
The NRC Online area also can be accessed directly by typing ``/go nrc''
at a FedWorld command line. If you access NRC from FedWorld's main
menu, you may return to FedWorld by selecting the ``Return to
FedWorld'' option from the NRC Online Main Menu. However, if you access
NRC at FedWorld by using NRC's toll-free number, you will have full
access to all NRC systems, but you will not have access to the main
FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and
menus, including the Rules Menu. Although you will be able to download
documents and leave messages, you will not be able to write comments or
upload files (comments). If you contact FedWorld using FTP, all files
can be accessed and downloaded but uploads are not allowed; all you
will see is a list of files without descriptions (normal Gopher look).
An index file listing all files within a subdirectory, with
descriptions, is available. 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
[[Page 3621]]
Integration and Development Branch, NRC, Washington, DC 20555,
telephone (301) 415-5780; e-mail AXD[email protected].
Dated at Rockville, Maryland, this 26th day of January, 1996.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 96-2048 Filed 1-31-96; 8:45 am]
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