[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]
BILLING CODE 7590-01-P