[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Rules and Regulations]
[Pages 17510-17512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9041]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG02
Elimination of Reporting Requirement and 30-Day Hold in Loading
Spent Fuel After Preoperational Testing of Independent Spent Fuel
Storage or Monitored Retrievable Storage Installations
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to eliminate the requirement that a report of the
preoperational testing of an independent spent fuel storage
installation or monitored retrievable storage installation be submitted
to the NRC at least 30 days before the receipt of spent fuel or high-
level radioactive waste. Experience has shown that the NRC staff does
not need the report or the holding period because the NRC staff is on
site and evaluates preoperational testing as it occurs. This amendment
will eliminate an unnecessary regulatory impact on licensees.
EFFECTIVE DATE: May 12, 1999.
FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6195, e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
Background
On September 14, 1998 (63 FR 49046), the NRC published a proposed
rule in the Federal Register that would amend NRC's regulations in 10
CFR part 72 to eliminate a preoperational testing reporting requirement
and a 30-day hold in loading spent fuel. Part 72 requires that the
conditions for a site-specific license (10 CFR 72.24(g)) and the
conditions for a Certificate of Compliance (CoC) (10 CFR 72.236(l))
contain requirements for the performance of preoperational testing by
the site-specific licensee or the general licensee, respectively. The
licensee is required to complete the preoperational testing program
described in the applicable Safety Analysis Report (SAR) before spent
fuel is loaded into an independent spent fuel storage installation
(ISFSI) or before spent fuel or high-level radioactive waste (HLW) is
loaded into a monitored retrievable storage installation (MRS).
Information on the preoperational test program, including the specific
tests and their acceptance criteria, are contained in the SAR submitted
by the site-specific licensee or by the certificate holder for the
design of the spent fuel storage cask to be used by the general
licensee.
Section 72.82(e) requires licensees to submit to the NRC a report
of the preoperational test acceptance criteria and test results at
least 30 days before the receipt of spent fuel or HLW for loading into
an ISFSI or MRS. However, the licensee is not required to submit test
procedures, only a summary report of the test results. A copy of this
report is subsequently placed in the NRC Public Document Room (PDR).
The purpose of the 30-day period is to establish a sufficient hold
point to ensure that the NRC has sufficient time to inspect a new
licensee's preparations and, if necessary, exercise its regulatory
authority before spent fuel is received at an ISFSI or spent fuel and
HLW at an MRS. The licensee is not required to obtain NRC approval of
the report before commencing loading operations.
Comments on the Proposed Rule
The Commission received four letters commenting on the proposed
rule. Copies of the letters are available for public inspection and
copying for a fee at the Commission's Public Document Room, located at
2120 L Street, NW. (Lower Level), Washington, DC. One letter was from
NEI, one letter from a CoC holder, and two letters were from utilities
holding 10 CFR part 50 reactor licenses. All of the letters supported
the proposed rule. One utility quantified the savings of eliminating
the 30-day hold as more than $300,000.
Discussion
The requirement for a preoperational test report and 30-day hold
period was added to the part 72 regulations governing licensing
requirements for ISFSIs and an MRS at the time they became effective on
November 28, 1980 (45 FR 74693), and before the NRC staff had any
practical experience in licensing such facilities. However, in the
intervening period, the Commission's practice has been for the NRC
staff to maintain an extensive oversight presence during the
preoperational testing phase of ISFSIs, reviewing the acceptance
criteria, preoperational test, and test results as
[[Page 17511]]
they occur. Thus, NRC staff has had immediate access to the licensee's
procedures and test results, and has not needed either a preoperational
test report or a 30-day hold period in order to complete its inspection
activities and determine whether any further regulatory action is
needed before the licensee begins to load spent fuel or HLW.
The NRC inspection program now in place (i.e., Inspection Manual
Chapter 2690 and Inspection Procedures 60854 and 60855) ensures that
the NRC staff will review the licensee's normal, abnormal, and
emergency operating procedures, (including loading and unloading
procedures), as well as observe implementation of those procedures
during preoperational testing. Consequently, NRC staff is in a position
to ensure that the licensee has resolved any problems before loading
spent fuel into the ISFSI. NRC staff documents the results of the
inspection of the preoperational test program in a written inspection
report, which is subsequently placed in the PDR. This report contains
conclusions on whether the licensee has adequately completed the
preoperational test program, an assessment of the licensee's
performance in completing the preoperational test program, and an
assessment of the licensee's readiness to begin loading spent fuel or
HLW.
Notwithstanding that the current regulation ensures that the NRC
will be notified by the licensee before it begins loading spent fuel,
other regulations and processes provide adequate assurance that the NRC
will be aware of a licensee's anticipated loading activities. For
ISFSIs at operating reactor sites, the Commission expects that on-site
NRC resident inspector staff would be aware of any potential fuel
loading activities. Additionally, general licensees are required by 10
CFR 72.212(b)(1)(i) to notify the NRC at least 90 days before spent
fuel loading begins. For site-specific licensees, the fact that a
license has been issued serves as adequate notice to the NRC that spent
fuel loading activities are planned. Further, site-specific licensees
are also required by 10 CFR 72.70(a) to submit a final safety analysis
report to the Commission at least 90 days before spent fuel loading
begins.
The public will retain the ability to review a description of the
preoperational tests and their acceptance criteria because this
information is contained in the SAR, which is available for review in
the NRC PDR. Relevant information on the preoperational test program
and the results of the preoperational test program both remain
available for public review in the SAR and the inspection report,
respectively.
The NRC staff's experience has also been that the 30-day hold
established by 10 CFR 72.82(e) creates a potentially significant
financial burden for licensees because, during the 30-day period, the
licensee can perform no loading activities even though the licensee is
ready to load spent fuel or HLW. This has resulted in five requests for
exemptions in the last 3 years (1995-1998) by licensees and the need
for the NRC staff to expend time processing these requests. The
elimination of this regulation will preclude the need for exemption
requests, enable the licensee to use the crew assembled for fuel
transfer while the lessons of preoperational testing are fresh in their
minds, and contribute to the efficiency of operations by avoiding
unnecessary idle time. The NRC on-site inspection staff observing the
spent fuel loading will similarly benefit.
Therefore, the Commission is removing 10 CFR 72.82(e) from NRC's
regulations because neither the report nor the 30-day hold period are
needed for regulatory purposes and that taking this action will relieve
licensees from an unnecessary regulatory burden. Although elimination
of this reporting requirement will reduce the information which has
been available to the public, the alternative sources of information
available to the public on preoperational test activities are
sufficient to allow for public review.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described as a categorical exclusion in 10 CFR 51.22(c)(3)(iii).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule decreases the burden on licensees by eliminating 10
CFR 72.82(e) and the associated reporting burden. The burden reduction
for this information collection is estimated to average 40 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 a means used to impose 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.
Regulatory Analysis
The amendment will eliminate the requirement that 10 CFR part 72
licensees submit a report of the preoperational test acceptance
criteria and test results at least 30 days before the receipt of spent
fuel or HLW on the grounds that NRC's inspection program ensures that
the NRC staff will be present for observance of preoperational testing
to ensure that a licensee is prepared to safely load spent fuel or HLW.
Thus, the report and the 30-day hold period are not needed for NRC's
regulatory activities.
The benefit of the rule is that elimination of a report and 30-day
hold period not needed by the NRC will reduce an unnecessary regulatory
impact on licensees resulting from the 30-day waiting period following
submittal of a report of the preoperational test criteria and test
results to the NRC. During this period, the licensees can perform no
loading activities even though the licensee is ready to load spent fuel
or HLW. This imposes a potentially significant financial burden on
licensees. The rule will also relieve both licensees and the NRC staff
from the need to process exemption requests. The Commission has
received and approved several requests for exemption from 10 CFR
72.82(e) and envisions that most future Part 72 licensees will also
apply for exemption from this regulation.
An impact of the final rule will be that a report of the
preoperational test criteria and test results will no longer be
available. However, information on the preoperational test criteria is
contained in the SAR, which is available for review in the NRC PDR. In
addition, NRC inspection reports will contain NRC findings on the
preoperational testing and assessments on the licensee's readiness to
commence loading spent fuel. These inspection reports are available in
the NRC Public Document Room system. The NRC also considered the
alternative of shortening rather than eliminating the hold period but
rejected this alternative because it would have retained a requirement
not needed for regulatory purposes and thus would have imposed an
unnecessary regulatory burden on licensees.
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 final rule
will not have a
[[Page 17512]]
significant economic impact on a substantial number of small entities.
This final rule would affect only the operators of ISFSIs. 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 this amendment does 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 final rule.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
``major rule'' and has verified this determination with the Office of
Information and Regulatory Affairs, Office of Management and Budget.
Compatibility of Agreement State Regulations
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs,'' approved by the Commission on June 30,
1997, and published in the Federal Register on September 3, 1997 (62 FR
46517), this rule is classified as compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. The NRC
program elements in this category are those that relate directly to
areas of regulation reserved to the NRC by the AEA, or the provisions
of Title 10 of the Code of Federal Regulations. Although an Agreement
State may not adopt program elements reserved to NRC, it may wish to
inform its licensees of certain requirements, by a mechanism that is
consistent with the particular State's administrative procedure laws
but does not confer regulatory authority on the State.
List of Subjects in 10 CFR Part 72
Criminal penalties, 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 adopting the
following amendment 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); secs. 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 sec. 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), Stat. 2252 (42
U.S.C. 10198).
Sec. 72.82 [Amended]
2. Section 72.82 is amended by removing paragraph (e).
Dated at Rockville, Maryland, this 23rd day of March 1999.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-9041 Filed 4-9-99; 8:45 am]
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