ML20211H742

Offers Concurrence,Subj to Comments Provided,On Final Rule Entitled Miscellaneous Changes to Licensing Requirements for Independent Storage of Sf & Hlrw

ML20211H742
Person / Time
Issue date:	03/24/1999
From:	Veronica Wilson NRC OFFICE OF ADMINISTRATION (ADM)
To:	Cool D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20211H604	List: ML20211H598 ML20211H623 ML20211H654 ML20211H660 ML20211H707 ML20211H712 ML20211H719 ML20211H725 ML20211H730 ML20211H737 ML20211H742 ML20211H754 ML20211H763
References
FRN-64FR33178, RULE-PR-72 AF80-2-019, NUDOCS 9909020158
Download: ML20211H742 (26)

Text

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PDR y(;ll g UNITED STATES [EhO O g

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 4 001 jg o

4 9***** March 24, 1999 MEMORANDUM TO: Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety O op ty and Safeguards FROM: Valeria H. Wilson, Director Division of Administrative Services Office of Administration

SUBJECT:

OFFICE CONCURRENCE ON THE FINAL RULE ENTITLED

" MISCELLANEOUS CHANGES TO LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT FUEL AND HIGH-LEVEL WASTE"

- The Off,c if Administration has reviewed and concurs, subject to the comments provided, on the final role that would correct severalinconsistencies and provide clarification pertaining to the requirements for the storage of spent nuclear fuel. We have attached a marked copy of the rule that presents editorial and format changes. These changes should be made before this rule is submitted for publication in the Federal Register.

We have suggested a revised Summary paragraph that more clearly meets the publication requirements of the Office of the Federal Register (1 CFR 18.12). Also, we have inserted as a part of the procedural requirements the standard paragraph for the "Small Business Regulatory i Enforcement Fairness Act." This paragraph is required for all final rules.

If you have any questions regarding this review, please have a member of your staff contact '

David L. Meyer, Chief, Rules and Directives Branch at 415-7164 (DLM1) or Alzonia Shepard at 415-6864 (AWS1).

Attachment:

As stated 1

9909020158 990831 PDR PR 72 64FR33178 PDR g0401016q a

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NUCLEAR REGULATORY COMMISSION

,, 10 CFR Pad 72 RIN 3150 AF80 Miscellaneous Changes to Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste j

AGENCY: Nuclear Regulatory Commission.

ACTICN: Final rule. "

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SUMMARY

The U. S Nuclear Regulatory Commission (NRC)is amending its regulations to correct severalinconsistencies and to clarify certain sections o //]The <huhm3 regulations .b < d To c r +

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, - S t' I a n c( / ,j f amendments differentiate the requirements for the storage of spent fuel under wet and dry fra / g46,w win H.

conditions, clarify requirements for the content and submission of various reporte, and specify that quality assurance (QA) records must be maintained as permanent records when identified with activities and items important to safety. JIere b Adur /r du 7/M<M^/"

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• 4e FEG flVE DATE: s6tt 60 days after date of publication).

FOR FURTHER INFORMATION CONTACT: M. L. Au, telephone (301) 415-6181, e-mail mla@nrc. gov, of the Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

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SUPPLEMENTARY INFORMATION:

I Background {

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The Commission's licensing requirements for the independent storage of spent nuclear fuel and high-level radioactive wasto are contained in 10 CFR Part 72. NRC experience in j l

applying Part fi 72pdas indicated that y

certain additions and clarifications to the regu necessary. This, rule makes nusce eigh ,dfkifneo changes to Part 72. These changes  !

differentiate the requirements for the storage of spent fuel under wet and dry conditions and I

ensure that necessary ir1 formation is included in reports and that QA records are maintained )

permanently when identified with activities and items important to safety. These reports and 3 i

records are needed to facilitate NRC inspections to verify compliance with reporting requirements to ensure protection of public health and safety and the environment. The NRC published a proposed rule in the Federal Recister on June 9,1998 (63 FR 31364).

Discussion of Amendments

1. Modify @@ 72.1 and 72.2 to include spent fuel storage cask and remove superseded information.

The purpose ( 72.1) and scope (@ 72.2) were not modified when the Commission

^4r+?L&& hwcW amended Part 72 on July 18,1990 (55 FR 29181),to include a process for providing a general A

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 2

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4 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 makes the purpose and scope sections complete by

,,specifically referencing the Subpart L cask approval process. Additionally, this rule removes information in the purpose and scope sections, regarding the Federalinterim storage program, because the statutory authorization for the interim storage program has expired (61 FR 35935; July 9,1996).

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2. Change the requirement for making initial and written reports in 72.4 and 72.216.

The change to S 72.4 provides 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 (s 72.75,72.216(b),

and 50.72(b)(2)(vii)(B), which is referenced in o 72.216(a)). Under Q 72.75(d)(2) a report is sent to the DCD. However a@ 50.72(b)(2)(vii)(B) and 72.216(b) indicate that the report be sent as instructed in 72.4, to the Director, NMSS. To achieve consistency, 72.4 is revised to instruct that reports shall be sent to the DCD. Licensing correspondence forwarded to the UL4*ritisl NRC's DCD ensures proper docketing and distributio 1. Also, S 72.216(c) is ghanged to correct

$ /d fri)L u 8 min & M-an errop The current regul tion 72.75(a)(2) and (3)Pthe ivimun s revised to.de ul 72.75(b)(2) and (3).

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3. Change the requirement for submittal of the dry cask storage effluent report in 72.44.

,, Currently,6 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 revision permits reactor licensees, who also possess licenses for ISFSis, to submit 1

their dry cask storage effluent report to the NRC once each year, at the same time as the h c or k Stwy <//M  :

effluent report from their reactor operations. The report g would be submitted within 60 days from j

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the end of the 12-month monitoring period. However, after the effective date of t final rule, dvs erIc. -

the licensee may submit the ' st repo,rt cove _ ring a shorter period of time to synchronize the reporting schedule with the annual reactor effluent report.

4. Clarify the reporting requirements for specific events and conditions in 6 72.75.

Section 72.75 contains reporting requirements for specific events and conditions, including the requirement in $ 72.75(d)(2) for a follow-up written report for certain types of emergency and non-emergency notifications. This rule clarifies 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 Q 50.73(b). This rule incorporates the format and content outlined in 50.73(b) into @ 72.75(d)(2) to clearly inform licensees of the information necessary for the NRC staff's review. This rule will also provide greater consistency between 4

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Parts 50 and 72, on event notification requirements. Since the reporting requirement already exists, a minimal 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 72.122(h)(4).

Currently, S 72.122(h)(4) requires the capability for continuous monitoring of storage l 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 which involve a monitoring process that is

" continuous" in the sense of being uninterrupted. Because of the passive nature of dry storage, active heat removal systems are not needed and monitoring can be less frequent. This rule clarifies that the frequency of monitoring can be different for wet and dry storage systems.

6. Clarify the requirement specifying instrument and control systems for monitoring dry spent fuel storage in 6 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 spent fuel l storage systems. For wet storage, systems are required to monitor and control heat removal.

For dry storage, passive heat removalis used and a control system is not required. This rule

~clarifies that control systems are not needed for dry spent fuel storage systems.

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7. Clarify the requirement for dry spent fuel storage casks on methods of criticality controlin 9 72.124(b). ,

,. Section 72.124(b) requires specific methods for criticality control, including the I requirement that where solid neutron absorbing materials are used, the design must provide for i

positive means to verify their continued efficacy. This requirement is appropriate for wet spent I

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 conoitions, there is no mechanism to significantly degrade the neutron absorbing materials. In addition, the dry spent .'uel storage casks are sealed and it is not practical nor desirable to penetrate the integrity of the cask to make the measurements verifying the efficacy of neutron absorbing materials. This rule clarifies that l

positive means for verifying the continued efficacy of solid neutron absorbing materials are not required for dry storage systems, when the continued efficacy may be confirmed by l demonstration or analysis before use.

8. Clarify the requirements in 9 72.140(d) concerning the previously approved QA program in conformance with Appendix B of 10 CFR Part 50.

Section 72.174 specifies that QA records must be maintained by or under the control of the licensee until tN Commission terminates the license. However, @ 72.140(d) allows a holder of a Part 50 license to use its approved Part 50, Appendix B, OA program in place of the Part 72 OA 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.

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Thus, Part 50 icensees using an Appendix B, OA program could choose not to make permarwnt all records generated in support of Part 72 activities. This rule requires these licensees to follow the Part 72 requirement to maintain ecords until termination of the Part 72 license.  ;

Summary of Public Comments on the Proposed Rule enhe S /1f f The NRC received fc Jr letter containing 19 comments responding to the proposed rule published in the Federal RegisterI63 FR 31364). These comments were considered in the developmant of the final rule. The primary objective of this rulemaking is to clarify requirements for certain sections of the regulations. The amendments 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 OA records must be maintained as permanent records. Copies of the public comments are available for review in the NRC Public Document 1

Room,2120 L Street, NW (Lower Level), Washington, DC 20003-1527. j l

eAur comment letters eceived in response to the proposed rule was from the -

Department of Energy (DOE) Idaho Operations Office, one was from a private enterprise, and two were from nuclear power plant licensees. All commenters were supportive of the proposed rule.

Public Comments

1. Comment: One commenter believed that to ensure consistency with existing i

regulations in Part 72 and with another NRC proposed rulemaking," Applicability of Regulations to Holders of, and Applicants for Certificates of Compliance and their Contractors and 7

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Subcontractors" (63 FR 3952 which proposes to define a Certificate of Compliance (CoC) as a certificate approving the " design

• of a spent fuel storage cask (as opposed to approving a cask),

changes should be made to sections 72.1 and 72.2(f).

Response: The Commission will consider the recommended change when preparing the final rulemaking for the above mentioned proposed rule.

2. Comment: One commenter noted that the proposed revision to 6 72.4 removes existing language which provides the street address for NRC's headquarters office. The commenter noted that this information is necessary for persons who wish to either mail communication to the NRC using a private courier service (e.g., FedEx or UPS) or deliver their communication in person. Additionally, 72.4 did not provide any guidance for instances in which the due date for a report or written communication falls on a weekend or holiday. In that regard the language in @ 50.4(e) should be used as an example.

A Resoonse: The Commission agrees with the comment [to retain address information in j 72.4 to allow those who wish to use either mail communication or private courier service and has retained, in the final rule, the current language in @ 72.4 containing the street address to be 7poYh & crt &

used for personal delivery. In addition, the suggested gchangeporlgweekend o 4 A

' ave been made.)

3. Comment: For 6 72.44(d)(3), one commenter was concerned that allowing flexibility in V

the timingthe [Yannual

.%}>QtG report ubmittal)could create "ratcheting" of the due date and result in -/X+ '

submittal of each report earlier than required to avoid lateness. The change proposed by the 8

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Ya.V commenter to require3each repo be submitted within 60 days from the end of each V monitoring period and not to exceed the 12-month reporting interval would ensure timely submittal of these reports.

Besconse: The Commission agrees that the language in the proposed rule could be -

misinterpreted. The Commission has added language in the final rule to clarify that the report

%f DAW be submitted within 60 days the end of the 12-month monitoring period.

4. Comment: Two commenters noted that current @ 72.75(d)(2) requires a written follow-up report when an event or condition requires an emergency notification under 72.75(a) or a non-cmergency four-hour report under Q 72.75(b), but that a written follow-up report is not required when the event or condition requires a non-emergency 24-hour report under 72.75(c). The second commenter suggested that the NRC clarify its expectation for Part 72 licensees regarding the use of NRC Form 366 and the format and guidance contained in NUREG 1022, Revision 1," Events Reporting Guidelines 10 CFR 50.72 and 50.73."

Response: The Commission agrees with the comment on the first issue and the suggested change has been made to require a written follow-up report after an oral notification.

With respect to the second issue, the Commission believes that use of NRC Form 366 and the guidance contained in NUREG-1022 is an acceptable method for preparing written event reports; however, licensees are not required to follow this method if the written report contains all the information required by 6 72.75(d)(2). Therefore, no change has been made to address the second issue.

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) 5. Comment: One commenter recommended not specifying the address and addresses -

l in different sectio'ns of the regulations where licensees submit reports to NRC. Instead, the l commenter recommended the use of one initial location to indicate where reports are submitted

-ho to simplify the regulations and ensure a consistent approach. Further,l references in Part I

the location where persons are to submit information to the NRC should use the phrase "in accordance with 72.4" instead of providing a specific address in each individual section. This approach would be consistent with the approach taken in other sections in Part 72 as well as Part 50. This would allow future changes to the NRC receiving address to involve fewer sections i of the regulations. The commenter identified @ 72.44(d)(3),72.75(d)(2) and 72.140(d) as  !

sections where this change should be made.

Resoonse: The Commission agrees and has made the suggested changes in the final rule.

6. Comment: One commenter noted that the proposed amendment to @ 72.75 appears to be inconsistent with the advance notice of proposed rulemaking (ANPR) for 10 CFR 50.73 (63 FR 39522; July 23,1998) concerning the format and content for reporting reactor events and conditions.

Resoonse: The Commission intended to make the written reporting requirements in

@ 72.75 consistent with the current reporting requirements in Part 50. The ANPR for 10 CFR 50.73 was published after this proposed rule was issued. The Commission will consider making conforming changes to 72.75 in a subsequent rulemaking.

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7. Comment: One commenter believed that the retention of OA records until termination of the license for Part 72 licensees, and the addition of specific information to meet the existing reporting requirement, do not comply with the Backfit Rule. The commenter indicates that both j l

of these amendments willintroduce changes to licensee procedures which are not justified by '

the substantial increase in protection standard and asserts that the NRC appears to be applying a new test; i.e., whether the changes are sufficiently trivial to ignore the Backfit Rule.

Response: Under 72.62, "backfitting" includes the modification, af ter the license has been issued, of procedures or organization required to operate an ISFSI or MRS. This l l

backfitting provision is very similar to the Backfit Rule in 50.109 which is applicable to reactor l l

licensees. The Commission's position as stated in the Charter of the Committee to Review Generic Requirements (CRGR), Revision 6, dated April 1996, in footnote 11 is "....(11) Reporting requirements such as those contained in 10 CFR 50.72 and 10 CFR 50.73 (for power reactors),

or those contained in 10 CFR 50.50 and 10 CFR 70.52 (for nuclear materials activities), are more akin to information requests covered under 10 CFR 50.54(f) than they are to modifications covered under the backfit rule (10 CFR 50.109). They should be justified by evaluation against criteria similar to the analogous provision in 10 CFR 50.54(f), i.e., by demonstrating that the burden of reporting is justified in view of the potential safety benefits to be obtained from the 1

information reported."  !

No change has been made to the final rule because the Commission viewed the  !

backfitting provisions in Parts 50 and 72 as not applicable to reporting and recordkeeping I requirements. If it were necessary for an information collection and reporting requirement to meet the current standard for imposing a backfit (i.e., a substantial increase in protection of the l public health and safety), the Commission would be placed in the untenable position of I

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1 attempting to show that information requests would substantially increase public health and i 1

safety, without knowing the actual results of the request. Therefore, the commenter's suggested change is rejected.

8. Comment: One commenter recommended that the proposed change to @ 72.140(d) should also include OA programs which satisfy the requirements of Subpart H of 10 CFR Part 71. The commenter believes that GA requirements in Part 71 are equivalent to the OA requirements in Parts 50 and 72.

Response: While the Commission agrees that the OA program requirements in Parts 50, 71, and 72 are equivalent, this comment is beyond the scope of this rulemaking. This issue is being considered in a separate rulemaking.

1 Compatibility of Agreement State Regulations Under the " Policy Statement on Adequacy and Compatibility of Agreement State l

I Programs" approved by the Commission on June 30,1997, and published in the Federal '

Reaister (62 FR 46517, September 3,1997), this rule is classified as compatibility Category "NRC." Compatibility is not required for Category "NRC" regulations. The NRC program I 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, and although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws, but does not confer regulatoryauthority on the State.

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i Environmental Impact: Categorical Exclusion The NRC has determined that Items 1,5,6, and 7 of this 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 this proposed rule are the types of action described as a categorical exclusion in 10 CFR 51.22(c)(3). Therefore, neither an environmentalimpact statement nor an environmental assessment has been prepared for this regulation.

Paperwork Reduction Act Statement i

Final Rule Containino insianificant Information Collections l

1 This rule increases the burden on licensees by increasing the record retention period to )

life of license in Q 72.140(d). The public burden for this information collection is estimated to S

average 38 hours4.398148e-4 days <br />0.0106 hours <br />6.283069e-5 weeks <br />1.4459e-5 months <br /> per request. This rule also increase the types of events which would '

require a written report under @ 72.75(d) and the reporting burden is estimated to average 50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> per request. Because the burden for this information collection is insignificant, Office of (oraB Management and Budget clea)rance is not required. Existing require the Office of Management and Budget, approval number 3150-0132.

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i Public Protection Notification if an information collection does not display a currently valid OMB control number, the l NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

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 final 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, DC. 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; or e-mail mia @nrc. gov.

Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Commission '

certifies that this final rule will not have a significant economic impact on a substantial number of small entities. This rule affects only the operators of independent spent fuel storage installations (ISFSI). These companies do not fall within the scope of the definition of "small entities" set I

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t 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.

, Criminal Penalties 1:

l For the purpose of Section 223 of the Atomic Energy Act of 1954 (AEA), the Commission is issuing the final rule to amend 10 CFR 72; 72.44,72.75,72.140, and 72.216 under one or more of 9161(b), (i), of (o) of AEA. Willful violation of the rule will be subject to criminal enforcement.

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 1

in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this rule.

YSir lN&cy// hracey ktlA /r>f f^bA*nd M y /)e /

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 530 OM of 1954, as amended; the Energy Reorganization Act of 1974, as amended, and 5 U.S.Cg553, the NRC is adopting the following amendments to 10 CFR Part 72.

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4 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). l 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 1

(42 U.S.C.10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),141(h), Pub. l L.97-425,96 Stat. 2202,2203,2204,2222,2224 (42 U.S.C.10101,10137(a),10161(h)).

1 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).

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2. Section 72.1 is revised to read as follows:

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f 6 72.1/ Purpose.

c k 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 f

I installation (ISFSI) and the terms and conditions under which the Commission will issue these l licenses. The regulations in this part also establish requirements, procedures, and criteria for j l

the issuance of licenses to the Department of Energy (DOE) to receive, transfer, package, and possess 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 l

retrievable storage installation (MRS).

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3. Section 72.4 is revised to read as follows:

p y 6 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.

1 Written communication, reports, and applications may be delivered in person to the Nuclear Regulatory Commission at One White Flint North,11555 Rockville Pike, Rockville, MD 20852-17

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l.'30 $L $CslW 2738 betw en 8HS am and 4[/Spm[ astern date /ime. If asubmittal falls on Saturday, or Sunday, orgFederal holiday, the next Federal working day becomes the official due date.

4. In 72.44, paragraph (d)(3) is revised to read as follows :

S 72.44 License conditions.

(d) * * *

(3) An annual repo be submitted to the Commission in accordance with $ 72.4, 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 other information su 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 additionalinformation 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

% 1f d$C~ v deems appropriate. The report be submitted within 60 days of the end of the 12-month monitoring period.

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5. In $ 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:

6 72.75 Reportina reauirements for soecific events and conditions.

(d) * * *

(2) Written report. Each licensee who makes an initial report notification required by paragraphf(a), f or (c) of this sections [Isubmit 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 infor'mation and the appropriate distribution is made. These written reports must be sent to the Commission, in 3 J.- w l accordance with 72.4. These reports include the following:

l (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; L m~f ;/bt'd (ii) A clear, specific, narrative description o 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 eveng e 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; 19 i

(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 storage systems only, af ter 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; (1){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:

(!) Whether the error was a cognitive error (e.g., failure to recognize the actual facility 1

condition, failure to realize which systems should be functioning, failure to recognize the true i

nature of the event) or a procedural error; l

1 (i)! 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 I by an approved procedure; (li)! Any unusual characteristics of the work location (e.g., heat, noise) that directly contributed to the error; and i The type of personnel involved (e.g., contractor personnel, utility-licensed operator, (lv) utility nonlicensed operator, other utility personnel);

(J) Automatically and manually initiated safety system responses (wet spent fuel storage systems only); l (K) The manufacturer and model number (or other identification) of each component that failed during the event; 20 l

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(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; (S) Reference to any previous similar events at the same facility that are known to the licensee; I I

(6) The name and telephone number of a person within the licensee's organization who is knowledgeable about the event and can provide additionalinformation concerning the event and the faciliity's characteristics; (7) The extent of exposure of individuals to radiation or to radioactive materials without identification of individuals by name.

6. In 72.122, paragraphs (h)(4) and (i) are revised to read as follows:

6 72.122)Overall Reouirements.

(h) * * *

(4) Storage confinement systems must have the capability for continuous monitoring in a I manner such that the licensee will be able to determine when corrective action needs to be taken to maintain safe storage conditions. For dry spent fuel storage, periodic monitoring is sufficient provided that periodic monitoring is consistent with the dry spent fuel storage cask 21

F a

design requirements. The monitoring period must be based upon the spent fuel storage cask design requirements.

,, (i) Instrumentation and controlsystems. 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.

7. In 6 72.124, paragraph (b) is revised to read as follows:

6 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.

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8. In Q 72.140, paragraph (d) is revised to read as follows:

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6 72.140 QualitvAnssurance reauirements.

I (d) Previously approvedprograms. A Commission-approved quality assurance program i

which satisfies the applicable criteria of Appendix B to Part 50 of this chapter and which is j 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 72.174 for recordkeeping. Prior to initial use, the licensee shall notify the Commission in accordance with S 72.4, of its intent to apply its previously approved Appendix B quality assurance program to ISFSI activities. The a

licensee shall identify the program by date of submittal to the Commission, docket number, and date of Commission approval.

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9. In 6 72.216, paragraph (c) is revised to read as follows:

6 72.216, Reports.

(c) The general licensee shall make initial and written reports in accordance with 9 72.74 and 72.75, except for the events specified by 6 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 day of ,1999.

For the Nuclear Regulatory Commission. l Annette L. Viette-Cook, Secretary of the Commission.

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Doc. Name: OMU\P72MISCWlSC_FR6.wpd 3/03/1999 l

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