[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63843-63845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26743]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0241]


Fuel Retrievability

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft interim staff guidance; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
public comment on its draft SFM-Interim Staff Guidance (ISG)--2, 
Revision 2, ``Fuel Retrievability.'' This revision to the guidance was 
developed to improve regulatory clarity due to uncertain duration of 
spent fuel storage in an independent spent fuel storage installation 
(ISFSI). The revision would provide improved guidance to the staff on 
the process to determine whether spent fuel storage systems are 
designed to allow ready retrieval of spent fuel.

DATES: Submit comments by November 20, 2015. 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 
before this date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0241. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Emma Wong, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 301-415-7091, email: [email protected] and 
Haile Lindsay, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 
301-415-0616, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0241 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0241.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that a document is referenced. 
Draft ISG-2, Revision 2, is available in ADAMS under Accession No. 
ML15239A695.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2015-0241 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.

[[Page 63844]]

    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

    Section 141(b)(1)(C) of the Nuclear Waste Policy Act (NWPA) of 
1982, as amended, requires that each monitored retrievable storage 
(MRS) facility be designed ``to provide for the ready retrieval of such 
spent fuel and waste for further processing or disposal.'' The NRC 
codified this portion of the NWPA in its 1988 final rulemaking, 
``Licensing Requirements for the Independent Spent Fuel Storage of 
Spent Nuclear Fuel and High-Level Radioactive Waste'' (53 FR 31651; 
August 19, 1988). The NRC inserted, ``Storage systems must be designed 
to allow ready retrieval of spent fuel or high-level radioactive waste 
for further processing or disposal,'' in section 72.122(l) of title 10 
of the Code of Federal Regulations (10 CFR) and added MRS facilities to 
the scope of 10 CFR part 72. This requirement currently applies to all 
ISFSI and MRS licensees.
    The NRC's current position on how a licensee may satisfy the 
requirement for ``ready retrieval'' under section 72.122(l) is 
delineated in draft ISG No. 2, Revision 1 (ADAMS Accession No. 
ML100550861). In essence, draft ISG-2, Rev. 1 provides guidance to the 
NRC staff that a licensee may demonstrate ready retrieval through a 
two-part approach: 1) Ability to remove the individual spent fuel 
assemblies or canned assemblies by normal means (i.e., crane and 
grapple); and 2) ability to move a canister or cask containing spent 
fuel from the storage location.
    As the duration of spent fuel storage at an ISFSI or MRS facility 
increases, the practical impact of the application of the first part of 
ready retrieval--the ability of the fuel assembly to be removed from 
the canister or cask by normal means--has led the staff to take a 
closer look at retrievability. To ensure that the application of the 
first part of ``ready retrieval'' is met as the duration of fuel 
storage increases, periodic monitoring or inspection may be needed to 
verify the condition of the fuel and the internal components of the dry 
storage system, and could identify the need for possible remediation of 
the fuel and the internal components of the dry storage system. Because 
of the difficulties in accessing the fuel and the interior components, 
inspection, monitoring, and potential remediation may involve opening 
the confinement boundary of the system in order to verify the condition 
of the fuel and internal components. However, opening the dry storage 
system would expose workers to additional dose and, particularly for 
welded canisters, degrade or eliminate the confinement boundary.
    Consistent with the NRC's ongoing work reviewing the regulatory 
framework for spent fuel storage and transportation (see COMSECY-10-
0007, ADAMS Accession No. ML101390216), the NRC staff began exploring 
alternatives to the guidance on the application of ready retrieval. The 
staff's review has centered around whether to eliminate the first part 
of the guidance on ready retrieval--the ability to remove individual 
fuel assemblies from a canister or cask by normal means--but 
maintaining the second part--the ability of the canister or cask to be 
safely removed from the storage location. By eliminating the first part 
of the guidance, the dry cask storage system (i.e., dual-purpose cask 
or canister containing the spent fuel) would still be retrieved safely 
and be readied for transportation consistent with the law and 
regulations. This way, the spent fuel dry storage confinement continues 
to be maintained without the potential negative impacts associated with 
unnecessarily removing the individual fuel assemblies.
    In an effort to engage stakeholders in this discussion, NRC staff 
held two public meetings on July 27, 2011, and August 16, 2012, to 
obtain stakeholder feedback on these topics. Additionally, in January 
2013, the NRC issued a Federal Register notice (78 FR 3853) requesting 
public comment on several topics, including retrievability and cladding 
integrity. The NRC received comments on the Federal Register notice 
that can be found under ADAMS Accession number ML15110A370. The staff 
work in this area was deferred due to higher priority work such as 
license renewal regulatory framework and high burn up fuel related 
activities. Therefore, the NRC staff held a public meeting on July 29, 
2015, to provide an update on the staff's work on this issue. The 
meeting summary was issued on August 5, 2015 (ADAMS Accession No. 
ML15216A272).
    The NRC staff has also considered how dry storage of spent nuclear 
fuel is implemented in other countries, and international guidance for 
spent fuel storage. The NRC staff has participated in several 
multilateral working groups related to extended spent fuel storage. The 
NRC staff reviewed the International Atomic Energy Agency's Specific 
Safety Guide No. SSG-15, ``Storage of Spent Nuclear Fuel.'' This guide 
is consistent with the NRC's current position of retrievability and 
will remain consistent with planned changes. Additionally, the NRC 
staff is aware that the spent fuel storage systems in Germany undergo 
periodic inspections at 10-year intervals, which are focused on the 
accessible cask components and confinement boundary (seals). The aging 
management program required by 10 CFR part 72 for renewal also provides 
for periodic inspections in the United States.

III. Proposed Action

    By this action, the NRC is requesting public comments on draft ISG 
2, Revision 2. This ISG proposes certain revisions to NRC guidance on 
implementation of the requirements in 10 CFR part 72. The NRC staff 
will make a final determination regarding issuance of the revised ISG 
after it considers any public comments received in response to this 
request.

IV. Backfitting and Issue Finality

    This draft ISG, if finalized, would provide guidance to the NRC 
staff for reviewing an application for an ISFSI license with respect to 
compliance with the retrievability requirement of 10 CFR 72.122(l). 
Issuance of this draft ISG, if finalized, would not constitute 
backfitting as defined in the backfitting provisions in 10 CFR 72.62 
which are applicable to ISFSIs. Issuance of the draft ISG, if 
finalized, would also not constitute backfitting under 10 CFR 50.109, 
or otherwise be inconsistent with the issue finality provisions in 10 
CFR part 52 for generally licensed ISFSIs. The staff's position is 
based upon the following considerations.
    1. The draft ISG positions, if finalized, do not constitute 
backfitting, inasmuch as the ISG is internal guidance to the NRC staff.
    The ISG provides interim guidance to the staff on how to review an 
application for NRC regulatory approval in the form of licensing. 
Changes in internal staff guidance are not matters for which either 
ISFSI or nuclear power plant applicants or licensees are protected 
under the backfitting provisions in 10 CFR parts 50 or 72, or the issue 
finality provisions of part 52.
    2. Backfitting and issue finality do not--with limited exceptions 
not

[[Page 63845]]

applicable here--protect current or future applicants.
    Applicants and potential applicants are not, with certain 
exceptions, protected by the backfitting provisions in 10 CFR 72.62 or 
10 CFR 50.109, or any issue finality provisions under part 52. This is 
because neither the backfitting provisions nor the issue finality 
provisions under part 52--with certain exclusions discussed below--were 
intended to apply to every NRC action which substantially changes the 
expectations of current and future applicants. The exceptions to the 
general principle are applicable whenever an applicant references a 
part 52 license (e.g., an early site permit) and/or NRC regulatory 
approval (e.g., a design certification rule) with specified issue 
finality provisions. However, the matters covered in this ISG are not 
subject matters or issues for which issue finality protection is 
provided.
    3. The NRC has no intention to impose the ISG on existing ISFSI or 
nuclear power plant licenses either now or in the future (absent a 
voluntary request for change from the licensee).
    The NRC staff does not intend to impose or apply the positions 
described in the ISG to existing (already issued) licenses (e.g., ISFSI 
licenses, operating licenses and combined licenses) absent a voluntary 
request for a change from the licensee. Hence, the ISG need not be 
evaluated as if it were a backfit.

    Dated at Rockville, Maryland, this 14th day of October, 2015.

    For the Nuclear Regulatory Commission.
Mark Lombard,
Director, Division of Spent Fuel Management, Office of Nuclear Material 
Safety and Safeguards.
 [FR Doc. 2015-26743 Filed 10-20-15; 8:45 am]
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