[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Notices]
[Pages 2281-2284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-424]
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NUCLEAR REGULATORY COMMISSION
Proposed Generic Communication; Implementation of Certificate of
Compliance Amendments to Previously Loaded Spent Fuel Storage Casks
AGENCY: Nuclear Regulatory Commission.
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ACTION: Notice of opportunity for public comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
issue a regulatory issue summary (RIS) to inform addressees of
requirements concerning the implementation of changes authorized by a
10 CFR Part 72 dry storage cask Certificate of Compliance (CoC)
amendment to a cask loaded under the original CoC or an earlier
amendment thereto (``previously loaded cask''). The NRC will include
review of this matter in future inspections to verify compliance with
these requirements.
This Federal Register notice is available through the NRC's
Agencywide Documents Access and Management System (ADAMS) under
accession number ML073541293.
DATES: Comment period expires March 31, 2008. Comments submitted after
this date will be considered if it is practical to do so, but assurance
of consideration cannot be given except for comments received on or
before this date.
ADDRESSEES: Submit written comments to the Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission, Mail Stop
T6-D59, Washington, DC 20555-0001, and cite the publication date and
page number of this Federal Register notice. Written comments may also
be delivered to NRC Headquarters, 11545 Rockville Pike (Room T-6D59),
Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal
workdays.
FOR FURTHER INFORMATION CONTACT: Robert A. Nelson at 301-492-3294 or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
NRC Regulatory Issue Summary 2007-26
Implementation of Certificate of Compliance Amendments to Previously
Loaded Spent Fuel Storage Casks
Addressees
All general licensees under the provisions of Subpart K, of Part 72
of Title 10 of the Code of Federal Regulations (10 CFR) Part 72,
``General License for Storage of Spent Fuel at Power Reactor Sites.''
Intent
The U.S. Nuclear Regulatory Commission (NRC) is issuing this
regulatory issue summary (RIS) to inform addressees of requirements
concerning the implementation of changes authorized by a 10 CFR Part 72
dry storage cask Certificate of Compliance (CoC) amendment to a cask
loaded under the original CoC or an earlier amendment thereto
(``previously loaded cask''). The NRC will include review of this
matter in future inspections to verify compliance with these
requirements. No specific action or written response is required.
Background
The NRC initially considered this issue after a general licensee
sought clarification about the application of a CoC amendment to a
previously loaded cask. Subsequently, during the May 2007 Nuclear
Energy Institute Dry Storage Information Forum, NRC staff described
agency requirements for the implementation of CoC amendments to
previously loaded casks. Staff told forum participants that 10 CFR Part
72 requires licensees to obtain NRC approval if licensees wish to apply
any changes of a CoC amendment to a previously loaded cask, if such
changes result in a change to the terms or conditions (including the
technical specifications) of the CoC under which the cask was loaded.
Some licensees have asserted that 10 CFR 72.48 allows them to apply
some or all of the changes of a CoC amendment to a previously loaded
cask without obtaining express NRC approval. This essentially, allows
an ``upgrade'' of the CoC. NRC's position is that such an upgrade, if
it involves a change to a term, condition, or specification of the CoC,
would be tantamount to amending the design basis of the previously
loaded cask, and as such, express NRC approval is required.
Summary of Issue
10 CFR 72.210 grants the authority to store spent fuel in an
independent spent fuel storage installation (ISFSI) at power reactor
sites to persons authorized to possess or operate nuclear power
reactors under the provisions of 10 CFR Part 50. Regulations at 10 CFR
72.212 set forth the conditions of such a general license, including
the condition that such spent fuel must be stored in casks, the design
of which is approved under the provisions of 10 CFR Part 72. The NRC
issues a CoC for each approved cask design.
Further, 10 CFR 72.212 requires the general licensee to notify the
NRC at least 90 days before the first storage of spent fuel under the
general license.\1\ Thereafter, the licensee must register the use of
each cask with the NRC no later than 30 days after using that cask to
store spent fuel. In addition, the licensee must provide certain
information, including the cask certificate number, model number, and
identification number.\2\ Regulations at 10 CFR 72.212 require that
licensees ``[p]erform written evaluations, prior to use, that establish
that: [The] conditions set forth in the Certificate of Compliance have
been met.'' \3\ The NRC's position is that the phrase ``prior to use''
means before the cask is loaded with spent nuclear fuel.
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\1\ 10 CFR 72.212(b)(1)(i).
\2\ 10 CFR 72.212(b)(1)(ii).
\3\ 10 CFR 72.212(b)(2)(i)(A).
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Regulations at 10 CFR 72.212 also require that any changes made to
the written evaluation required by that section must be made in
accordance with 10 CFR 72.48(c), the NRC regulation governing changes,
tests, and experiments made by a licensee or a certificate holder to a
spent fuel storage cask design.\4\ Regulations at 10 CFR 72.48(c)
permit a licensee to make changes to a cask design, without obtaining
express NRC approval if such changes do not require, ``a change in the
terms, conditions, or specifications incorporated in the CoC.'' \5\
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\4\ 10 CFR 72.212(b)(ii).
\5\ 10 CFR 72.48(c)(1)(ii)(B).
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If the CoC holder or a general licensee (through the CoC holder)
desires to amend the CoC, such that the amendment results in a change
to the terms, conditions, or specifications of the CoC, then the CoC
holder must submit a proposed CoC amendment to NRC. Such an amendment
must be approved by NRC before it can be effective.\6\ Amendments for
each approved cask design are listed in 10 CFR 72.214.
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\6\ 10 CFR 72.244 and 72.246.
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The NRC's practice is to consider each CoC amendment as a new
design basis. Thus, each CoC amendment requires an NRC rulemaking
before the amendment is effective.\7\ Each CoC amendment is considered
a separate and distinct CoC, accompanied by its own certificate
(setting forth terms, conditions, and specifications) and safety
evaluation report. Moreover, an amendment to a CoC may not amend all
previous CoC amendments; thus, each succeeding amendment does not
necessarily encompass all previous amendments.
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\7\ 54 FR 19379, 19380 (May 5, 1989) (``Storage casks certified
in the future will be routinely added to the listing in Sec. 72.214
through rulemaking procedures'').
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Further, a previously loaded cask is bound by the terms,
conditions, and specifications of the CoC under which the cask was
loaded. The applicable NRC regulation states that the licensee shall:
[[Page 2283]]
``Maintain a copy of the Certificate of Compliance and documents
referenced in the certificate for each cask model used for storage
of spent fuel, until use of the cask model is discontinued. The
licensee shall comply with the terms and conditions of the
certificate.'' \8\
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\8\ 10 CFR 72.212(b)(7).
Therefore, a licensee seeking to implement changes from a later CoC
amendment to a previously loaded cask must obtain NRC approval if the
changes alter the terms and conditions of the CoC under which the cask
was loaded. NRC approval would be in the form of an exemption.\9\
Specifically, the licensee would seek an exemption from the requisite
provisions of 10 CFR 72.212 and 72.214, namely: (a) 10 CFR 72.212(a)(2)
(i.e., general license limited to storage of spent fuel in casks
approved under the provisions of this part); (b) 10 CFR
72.212(b)(2)(i)(A) (i.e., perform written evaluations before use
establishing that conditions set forth in the CoC have been met); (c)
10 CFR 72.212(b)(7) (i.e., licensee to comply with the terms and
conditions of the CoC); and (d) 10 CFR 72.214 (i.e., list of each
approved CoC and CoC amendment). As an example, NRC granted an
exemption from these regulations to a licensee, allowing the licensee
to implement a change approved in Amendment 2 to CoC 1014, for casks
loaded under Amendment 1 at the licensee's ISFSI.\10\
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\9\ 10 CFR 72.7 (``The Commission may, upon application by any
interested person or upon its own initiative, grant such exemptions
from the requirements of the regulations in this part as it
determines are authorized by law and will not endanger life or
property or the common defense and security and are otherwise in the
public interest'').
\10\ 71 FR 70551 (December 5, 2006).
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Some general licensees have asserted that 10 CFR 72.48 provides a
basis to apply CoC amendment changes to a previously loaded cask,
without express NRC approval, even if such changes result in a change
to the terms, conditions, or specifications of the CoC under which the
cask was loaded. The NRC does not interpret 10 CFR 72.48 (nor 10 CFR
72.212) to allow for such a cask upgrade without express NRC approval.
The only reference to 10 CFR 72.48 in 10 CFR 72.212 is that the
licensee ``shall evaluate any changes to written evaluations required
by [10 CFR 72.212(b)(2)(i)] using the requirements of Sec. 72.48(c).''
\11\ Section 72.48(c) does not expressly refer to previously loaded
casks. It also does not appear to contemplate a licensee's application
of a newer CoC amendment's changes, either in whole or in part, to a
previously loaded cask without NRC approval. Section 72.48(c) refers
only to ``cask design as described in the [final safety analysis
report] FSAR.'' \12\
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\11\ 10 CFR 72.212(b)(2)(ii). Section 72.212(b)(2)(i)(A)-(C)
requires the licensee to perform written evaluations, before cask
use, that: (a) establish that the conditions set forth in the CoC
have been met; (b) the cask storage pads and areas have been
designed to adequately support static and dynamic loads of the
stored casks; and (c) the requirements of 10 CFR 72.104 have been
met (10 CFR 72.104 concerns limiting radiation exposure from ISFSI
operations).
\12\ 10 CFR 72.48(c)(1).
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The October 4, 1999, Statement of Consideration to the rule that
revised 10 CFR 72.48 explained the purpose of 10 CFR 72.48(c) as
establishing the conditions that a licensee must meet to: (a) Make
changes to cask design as described in the FSAR; (b) make changes to
the procedures as described in the FSAR; or (c) conduct tests or
experiments not described in the FSAR, without prior NRC approval.\13\
Specifically, those conditions are that the change, test, or experiment
will not require a change in the technical specifications, terms,
conditions or specifications incorporated in the CoC, or will not meet
any of the criteria in 10 CFR 72.48 paragraph (c)(2).\14\ Failure to
meet these conditions will require the licensee to seek NRC approval.
By these criteria, any ``upgrade'' to the design basis of a previously
loaded cask that requires a change to the terms, conditions, or
specifications of that cask's CoC will require express NRC approval
before the ``upgrade'' can be implemented.
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\13\ 64 FR 53582, 53609 (October 4, 1999).
\14\ Paragraph (c)(2) of 10 CFR 72.48 lists additional criteria
which, if triggered, require a licensee or certificate holder to
obtain NRC approval for the desired change, test, or experiment,
e.g., the change, test, or experiment results ``in more than a
minimal increase in the frequency of occurrence of an accident
previously evaluated in the FSAR (as updated).'' 10 CFR
72.48(c)(2)(i).
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Certainly, upon NRC approval of a new CoC amendment for a
particular cask model, a licensee can load an empty cask of that model
under that amendment, provided the loading is otherwise in accordance
with 10 CFR 72.212. A previously loaded cask, however, relies upon an
earlier design basis, and the licensee's use of that previously loaded
cask is bounded by the terms, conditions, and specifications of the CoC
under which that cask was loaded.
Backfit Discussion
This RIS only provides clarification of 10 CFR part 72, subparts L
and K requirements. This RIS does not impose a regulatory staff
position or interpretation of the Commission's rules that is either new
or different from a previously applicable position. Further, this RIS
requires no action or written response. Any addressee action in
accordance with the information contained in this RIS is strictly
voluntary. Thus, under the provisions of 10 CFR 50.109 and 72.62 this
RIS does not constitute a backfit. Consequently, the staff did not
perform a backfit analysis.
Federal Register Notification
A notice of opportunity for public comment on this RIS was
published in the Federal Register (xx FR xxxxx), on {January xx,
2008{time} . Comments were received from {indicate the number of
commentors by type{time} . The staff considered all comments. The
staff's evaluation of the comments is publicly available through NRC's
Agencywide Documents Access and Management System under Accession No.
ML
.
Congressional Review Act
This RIS is not a rule as designated by the Congressional Review
Act (5 U.S.C. 801-808), and therefore it is not subject to the Act.
Paperwork Reduction Act Statement
This RIS does not contain new or amended information collection
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520). Existing requirements were approved by the Office of
Management and Budget (OMB), approval number 3150-0011, which expires
on June 30, 2010, and 3150-0132, which expires on April 30, 2008.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
Contact
Please direct any questions about this matter to the technical
contact listed below or to the appropriate regional office.
Michael J. Case, Director, Division of Policy and Rulemaking, Office of
Nuclear Reactor Regulation.
E. William Brach, Director, Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material Safety and Safeguards.
Technical Contact: Robert A. Nelson, NMSS, (301) 492-3294.
Enclosure: ``Recently Issued FSME/NMSS Generic Communications.''
End of Draft Regulatory Issue Summary.
[[Page 2284]]
Documents may be examined, and/or copied for a fee, at the NRC's
Public Document Room at One White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland. Publicly available records will be
accessible electronically from the Agencywide Documents Access and
Management System (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html.
If you do not have access to ADAMS or if you have problems in accessing
the documents in ADAMS, contact the NRC Public Document Room (PDR)
reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to
[email protected].
Dated at Rockville, Maryland, this 21st day of December 2007.
For the Nuclear Regulatory Commission.
Thomas W. Alexion,
Acting Chief, Generic Communications Branch, Division of Policy and
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. E8-424 Filed 1-11-08; 8:45 am]
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