[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Proposed Rules]
[Pages 31364-31368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15265]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AF80
Miscellaneous Changes to Licensing Requirements for the
Independent Storage of Spent Nuclear Fuel and High-Level Radioactive
Waste
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission is proposing to amend its
regulations to correct several inconsistencies and to clarify certain
sections of the regulations. The amendments would differentiate the
requirements for the storage of spent fuel under wet and dry
conditions, clarify requirements for the content and submission of
various reports, and specify that quality assurance (QA) records must
be maintained as permanent records.
DATES: The comment period expires August 24, 1998. Comments received
after this date will be considered if it is practical to do so, but the
Commission is able to ensure consideration only for comments received
on or before this date.
ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. Attention: Rulemakings and
Adjudications Staff.
Deliver comments to: 11555 Rockville Pike, Rockville, Maryland,
between 7:30 am and 4:15 pm on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
web site through the NRC home page (http://www.nrc.gov). This site
provides the availability to upload comments as files (any format) if
your web browser supports that function. For information about the
interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-
6215; e-mail [email protected].
Certain documents related to this rulemaking, including comments
received may be examined at the NRC Public Document Room, 2120 L Street
NW., (Lower Level), Washington, DC. These same documents also may be
viewed and downloaded electronically via the interactive rulemaking
website established by NRC for this rulemaking.
FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, telephone (301) 415-6181, e-mail [email protected].
[[Page 31365]]
SUPPLEMENTARY INFORMATION:
Background
The Commission's licensing requirements for the independent storage
of spent nuclear fuel and high-level radioactive waste are codified in
10 CFR Part 72. The NRC experience in applying Part 72 has indicated
that certain additions and clarifications to the regulations are
necessary. This proposed rule would make eight miscellaneous changes to
10 CFR Part 72. These changes would ensure that necessary information
is included in reports and that Quality Assurance records are
maintained permanently when identified with activities and items
important 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 and safety, and
the environment.
Discussion of Proposed Amendments
1. Modify Secs. 72.1 and 72.2 to include spent fuel storage cask
and remove the superseded information.
The purpose (Sec. 72.1) and scope (Sec. 72.2) were not modified
when the Commission amended Part 72 on July 18, 1990 (55 FR 29181) to
include a process for 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 a process 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, the approval process for spent fuel storage casks in
Subpart L is not referenced. This rulemaking would make the purpose and
scope sections complete by specifically referencing the Subpart L cask
approval process. This rulemaking also would remove information in the
purpose and scope sections regarding the Federal interim storage
program since the time for its implementation has expired (61 FR 35935;
July 9, 1996).
2. Change the requirement for making initial and written reports in
Secs. 72.4 and 72.216.
This change would be made to Sec. 72.4 to provide that, except
where otherwise specified, all communications and reports are to be
addressed to NRC's Document Control Desk (DCD) rather than to the
Director, Office of Nuclear Material Safety and Safeguards (NMSS).
Three current regulations govern the submission of written reports
under Part 72 (Secs. 72.75, 72.216(b), and 50.72(b)(2)(vii)(B) that is
referenced in Sec. 72.216(a)). Under Sec. 72.75(d)(2) a report is sent
to the DCD. However Secs. 50.72(b)(2)(vii)(B) and 72.216(b) indicate
that the report be sent as instructed in Sec. 72.4, to the Director,
NMSS. To achieve consistency, Sec. 72.4 is being revised to instruct
that reports be sent to the DCD. Licensing correspondence forwarded to
the NRC's DCD would ensure proper docketing and distribution. Also,
Sec. 72.216(c) is being changed to correct an error. The current
regulation references Secs. 72.75(a)(2) and (3); the reference should
be revised to Secs. 72.75(b)(2) and (3).
3. Change the requirement for submittal of dry cask storage
effluent report in Sec. 72.44.
Currently, Sec. 72.44(d)(3) requires that a dry cask storage
effluent report be submitted to the appropriate NRC regional office
within the first 60 days of each year. Section 50.36a(a)(2) requires
that a similar report be submitted to the Commission once each year
specifying liquid and gaseous effluents from reactor operations.
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 time
between submission of these reports would be no longer than 12 months.
However, after the effective date of the final rule, the licensee may
submit the first report for a shorter period of time to get on the same
reporting schedule as the annual reactor effluent report.
4. Clarify the reporting requirements for specific events and
conditions in Sec. 72.75.
Section 72.75 contains reporting requirements for specific events
and conditions, including the requirement in Sec. 72.75(d)(2) for a
follow-up written report for certain types of emergency and non-
emergency notifications. The proposed rule would clarify the specific
information required to meet the intent of the existing reporting
requirement. A comparable reporting requirement already exists for
similar reactor type events in Sec. 50.73(b). The proposed rule would
incorporate the format and content outlined in Sec. 50.73(b) into
Sec. 72.75(d)(2) to clearly inform licensees of the information
necessary for the NRC staff's review. Since the reporting requirement
already exists, no significant increase in the licensee's reporting
burden will occur by clarifying the format and content.
5. Clarify the requirement for capability for continuous monitoring
of confinement storage systems in Sec. 72.122(h)(4).
Currently, Sec. 72.122(h)(4) requires the capability for continuous
monitoring of storage confinement systems. The meaning of
``continuous'' is open to interpretation and does not differentiate
between monitoring requirements for wet and dry storage of spent fuel.
Wet storage requires active heat removal systems that involve a
monitoring that is ``continuous'' in the sense of uninterrupted.
Because of the passive nature of dry storage, active heat removal
systems are not needed and monitoring can be less frequent. This
proposed rule would clarify that the frequency of monitoring can be
different for wet and dry storage systems. As part of the NRC approval
process, the periodicity of monitoring is specified in the Certificate
of Compliance.
6. Clarify the requirement specifying instrument and control
systems for monitoring dry spent fuel storage in Sec. 72.122(i).
Section 72.122(i) requires that instrumentation and control systems
be provided to monitor systems important to safety but does not
distinguish between wet and dry storage systems. For wet storage,
systems are required to monitor and control heat removal. For dry
storage, passive heat removal is used and a control system is not
required. This proposed change would clarify that control systems are
not needed for dry storage systems.
7. Clarify the requirement for dry spent fuel storage cask on
methods of criticality control in Sec. 72.124(b).
Section 72.124(b) requires specific methods for criticality
control, including the requirement that where solid neutron absorbing
materials are used, the design must provide for positive means to
verify their continued efficacy. This requirement is appropriate for
wet spent fuel storage systems but not for dry spent fuel storage
systems. The potentially corrosive environment under wet storage
conditions is not present in dry storage systems because an inert
environment is maintained. Under these conditions, there is no
mechanism to significantly degrade the neutron absorbing materials. In
addition, the dry spent fuel storage casks are sealed and it is not
practical to penetrate the integrity of the cask to make the
measurements for verifying the efficacy of neutron absorbing materials.
This proposed rule 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.
8. Clarify the requirements in Sec. 72.140(d) concerning the
previously
[[Page 31366]]
approved quality assurance program in conformance with Appendix B of 10
CFR Part 50.
Section 72.174 specifies that quality assurance (QA) records must
be maintained by or under the control of the licensee until the
Commission terminates the license. However, Sec. 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 QA requirements, including the
requirement for QA records. Appendix B allows the licensee to determine
what records will be considered permanent records, using Regulatory
Guide 1.28. Thus, Part 50 licensees using an Appendix B, QA program
could choose not to make permanent all records generated in support of
Part 72 activities. This proposed rule would require these licensees to
follow the Part 72 requirement to maintain QA records until termination
of the license.
Environmental Impact: Categorical Exclusion
The NRC has determined that Items 1, 5, 6, and 7 of the proposed
rule are the types of action described as a categorical exclusion in 10
CFR 51.22(c)(2) and Items 2, 3, 4 and 8 of the proposed rule are the
types of action described as a categorical exclusion in 10 CFR
51.22(c)(3). Therefore, neither an environmental impact statement nor
an environmental assessment has been prepared for this proposed
regulation.
Paperwork Reduction Act Statement
Proposed Rule Containing Insignificant Information Collections
This proposed rule increases the burden on licensees by increasing
the record retention period to life of license in 72.140(d). The public
burden for this information collection is estimated to average 38 hours
per request. Because the burden for this information collection is
insignificant, Office of Management and Budget (OMB) clearance is not
required. Existing requirements were approved by the Office of
Management and Budget, approval number 3150-0132.
Public Protection Notification
If an information collection does not display a currently valid OMB
control number, the NRC may not conduct or sponsor, and a person is not
required to respond to, the information collection.
Send comments on any aspect of this proposed information
collection, including suggestions for reducing the burden, to the
Records Management Branch (T-6 F33), U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, or by Internet electronic mail
at [email protected]; and to the Desk Officer, Office of Information and
Regulatory Affairs, NEOB-10202, (3150-0132), Office of Management and
Budget, Washington, DC 20503.
Comments to OMB on the information collections or on the above
issues should be submitted by July 9, 1998. Comments received after
this will be considered if it is practical to do so, but assurance of
consideration cannot be given to comments received after this date.
Regulatory Analysis
The NRC has prepared a regulatory analysis on this regulation. The
analysis examines the costs and benefits of the alternatives considered
by the NRC and concludes that the proposed rule results in an
incremental improvement in public health and safety that outweighs the
small incremental cost associated with this proposed change. The
analysis is available for inspection in the NRC Public Document Room,
2120 L Street, NW (Lower Level), Washington. Single copies of the
analysis may be obtained from M. L. Au, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, telephone (301) 415-6181.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 as
amended 5 U.S.C. 605(b) the Commission certifies that this proposed
rule will not, if adopted, have a significant economic impact on a
substantial number of small entities. This proposed rule would affect
only the operators of independent spent fuel storage installation
(ISFSI). These companies do not fall within 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.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 72.62, does
not apply to this rule, because these amendments do not involve any
provisions that would impose backfits as defined in 10 CFR 72.62(a).
Therefore, a backfit analysis is not required for this proposed rule.
List of Subjects in 10 CFR Part 72
Manpower training programs, Nuclear materials, Occupational safety
and health, Reporting and recordkeeping requirements, Security
measures, Spent fuel.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to
adopt the following amendments to 10 CFR Part 72.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
1. The authority citation for part 72 continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,
954, 955, 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); 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 amended by Pub. L. 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. 10198).
2. Section 72.1 is revised to read as follows:
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 and other radioactive materials
associated with spent fuel storage in an independent spent fuel storage
installation (ISFSI) and the terms and conditions under which the
Commission will issue these licenses. The regulations in this part also
establish requirements, procedures, and criteria for the issuance of
licenses to the Department of Energy (DOE) to receive, transfer,
package, and possess
[[Page 31367]]
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.
3. In Sec. 72.2, paragraph (e) is removed, paragraph (f) is
redesignated as paragraph (e), and a new paragraph (f) is added to read
as follows:
Sec. 72.2 Scope.
* * * * *
(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 Sec. 72.236.
4. Section 72.4 is revised to read as follows:
Sec. 72.4 Communications.
Except where otherwise specified, all communications and reports
concerning the regulations in this part and applications filed under
them should be addressed to the U.S. Nuclear Regulatory Commission,
ATTN: Document Control Desk, Washington, DC 20555-0001.
5. In Sec. 72.44, paragraph (d)(3) is revised to read as follows:
Sec. 72.44 License conditions.
* * * * *
(d) * * *
(3) An annual report be submitted to the U.S. Nuclear Regulatory
Commission, ATTN: Document Control Desk, Washington, DC 20555-0001,
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 the public resulting from effluent releases. On the basis
of this report and any additional information that the Commission may
obtain from the licensee or others, the Commission may from time to
time require the licensee to take such action as the Commission deems
appropriate. The time between submission of reports must be no longer
than 12 months.
* * * * *
6. In Sec. 72.75, paragraph (d)(2) is revised, and paragraphs
(d)(3), (d)(4), (d)(5), (d)(6) and (d)(7) are added to read as follows:
Sec. 72.75 Reporting requirements for specific events and conditions.
* * * * *
(d) * * *
(2) Written report. Each licensee who makes an initial report
required 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 pursuant to other regulations may be submitted to fulfill this
requirement if the reports contain all the necessary information and
the appropriate distribution is made. These written reports must be
sent to the U.S. Nuclear Regulatory Commission, ATTN: Document Control
Desk, Washington, DC 20555-0001. These reports must include the
following:
(i) A brief abstract describing the major occurrences during the
event, including all component or system failures that contributed to
the event and significant corrective action taken or planned to prevent
recurrence;
(ii) A clear, specific, narrative description of what occurred so
that knowledgeable readers conversant with the design of ISFSI or MRS,
but not familiar with the details of a particular facility, can
understand the complete event; and the narrative description must
include the following specific information as appropriate for the
particular event:
(A) ISFSI or MRS operating conditions before the event;
(B) Status of structures, components, or systems that were
inoperable at the start of the event and that contributed to the event;
(C) Dates and approximate times of occurrences;
(D) The cause of each component or system failure or personnel
error, if known;
(E) The failure mode, mechanism, and effect of each failed
component, if known;
(F) A list of systems or secondary functions that were also
affected for failures of components with multiple functions;
(G) For wet spent fuel systems storage only, after 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;
(H) The method of discovery of each component or system failure or
procedural error;
(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:
(i) 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 procedural error;
(ii) Whether the error was contrary to an approved procedure, was a
direct result of an error in an approved procedure, or was associated
with an activity or task that was not covered by an approved procedure;
(iii) Any unusual characteristics of the work location (e.g., heat,
noise) that directly contributed to the error; and
(iv) The type of personnel involved (e.g., contractor personnel,
utility-licensed operator, utility nonlicensed operator, other utility
personnel);
(J) Automatically and manually initiated safety system responses
(wet spent fuel storage systems only);
(K) The manufacturer and model number (or other identification) of
each component that failed during the event;
(L) The quantities and chemical and physical forms of the spent
fuel or HLW involved;
(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;
(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;
(6) The name and telephone number of a person within the licensee's
organization who is knowledgeable about the event and can provide
additional information concerning the event and the plant's
characteristics;
(7) The extent of exposure of individuals to radiation or to
radioactive materials without identification of individuals by name.
7. In Sec. 72.122, paragraphs (h)(4) and (i) are revised to read as
follows:
Sec. 72.122 Overall Requirements.
* * * * *
(h) * * *
(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
[[Page 31368]]
period must be based upon the cask design requirements.
* * * * *
(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.
* * * * *
8. In Sec. 72.124, paragraph (b) is revised to read as follows:
Sec. 72.124 Criteria for nuclear criticality safety.
* * * * *
(b) Methods of criticality control. 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 materials are used, the design must provide for positive
means of verifying their continued efficacy. For dry spent fuel storage
systems, the continued efficacy may be confirmed by a demonstration and
analysis before use, showing that significant degradation of the
neutron absorbing materials cannot occur over the life of the facility.
* * * * *
9. In Sec. 72.140, paragraph (d) is revised to read as follows:
Sec. 72.140 Quality assurance requirements.
* * * * *
(d) Previously approved programs. A Commission-approved quality
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 paragraph (b) of this section except that a licensee
using an Appendix B quality assurance program also shall meet the
requirement of Sec. 72.174 for recordkeeping. Prior to initial use, the
licensee shall notify the Director, Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, of its intent to apply its previously approved Appendix B
program to ISFSI activities. The licensee shall identify the program by
date of submittal to the Commission, docket number, and date of
Commission approval.
10. In Sec. 72.216, paragraph (c) is revised to read as follows:
Sec. 72.216 Reports.
* * * * *
(c) The general licensee shall make initial and written reports in
accordance with Secs. 72.74 and 72.75, except for the events specified
by Sec. 72.75(b)(2) and (3) for which the initial reports will be made
under paragraph (a) of this section.
Dated at Rockville, Maryland, this 3rd day of June, 1998.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 98-15265 Filed 6-8-98; 8:45 am]
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