Proposed Generic Communication; Implementation of Certificate of Compliance Amendments to Previously Loaded Spent Fuel Storage Casks, 2281-2284 [E8-424]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices
Signed at Washington, DC, on January 8,
2008.
Daniel R. Petersen,
Assistant General Counsel.
[FR Doc. E8–451 Filed 1–11–08; 8:45 am]
BILLING CODE 3180–02–P
OFFICE OF NATIONAL DRUG
CONTROL POLICY
Paperwork Reduction Act; Notice of
Intent To Collect; Comment Request
Office of National Drug Control
Policy (ONDCP).
ACTION: ONDCP provides opportunity
for public comment concerning the
collection of information to identify the
State and local resources that support
Student Drug Testing Programs in the
nation’s schools.
AGENCY:
SUMMARY: This action proposes the
collection of drug control information
from State Educational Agencies
regarding State and local support for the
Student Drug Testing Programs.
SUPPLEMENTARY INFORMATION:
I. Background
rmajette on PROD1PC64 with NOTICES
The purpose of this survey is to gain
a greater understanding of state and
local level support for Student Drug
Testing Programs. Currently, Federal
support for SDT programs is available
through discretionary grants and the
Safe and Drug Free Schools State
formula grant (Title IV). The
information that is collected will be
used to gain a greater understanding of
state and local level support for Student
Drug Testing (SDT) programs so as to
better target scarce Federal resources.
Type of Collection: Survey of State
Educational Directors.
Title of Information Collection:
Federal Safe and Drug Free Schools
State formula grant (Title IV) resources
supporting Student Drug Testing
Programs in the nation’s schools.
Frequency: Annually by fiscal year.
Affected Public: Instrumentalities of
state, local, and tribal educational
entities.
Estimated Burden: Minimal since
State Education Agencies have preestablished reporting relationships with
Local Education Agencies. LEAs
receiving funds under Title IV must
report on the services and activities
supported by these funds.
II. Special Issues for Comment
ONDCP especially invites comments
on: (a) Whether the proposed collection
is necessary for the proper performance
of ONDCP functions, including whether
the information has practical utility; (b)
VerDate Aug<31>2005
15:22 Jan 11, 2008
Jkt 214001
ways to enhance information quality,
utility, and clarity; and (c) ways to ease
the burden on respondents, including
the use of automated collection
techniques or other forms of information
technology.
ADDRESSES: Address all comments in
writing within 60 days to Michael Reles.
Facsimile and e-mail are the more
reliable means of communication. Mr.
Reles facsimile number is (202) 395–
5176, and his e-mail address is
merles@ondcp.eop.gov. Mailing address
is Executive Office of the President,
Office of National Drug Control Policy,
Washington, DC 20503. For further
information, contact Mr. Reles at (202)
395–6608.
Signed at Washington, DC, on January 9,
2008.
Edward H. Jurith,
General Counsel.
[FR Doc. E8–452 Filed 1–11–08; 8:45 am]
BILLING CODE 3180–02–P
NUCLEAR REGULATORY
COMMISSION
Agency Information Collection
Activities: Proposed Collection;
Comment Request
U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of pending NRC action to
submit an information collection
request to the Office of Management and
Budget (OMB) and solicitation of public
comment.
AGENCY:
SUMMARY: The NRC is preparing a
submittal to OMB for review of
continued approval of information
collections under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
Information pertaining to the
requirement to be submitted:
1. The title of the information
collection: NRC Form 64, ‘‘Travel
Voucher’’ (Part 1); NRC Form 64A,
‘‘Travel Voucher’’ (Part 2); and NRC
Form 64B, ‘‘Optional Travel Voucher’’
(Part 2).
2. Current OMB approval number:
3150–0192.
3. How often the collection is
required: On occasion.
4. Who is required or asked to report:
Contractors, consultants and invited
NRC travelers who travel in the course
of conducting business for the NRC.
5. The number of annual respondents:
100.
6. The number of hours needed
annually to complete the requirement or
request: 100 hours (1 hour per form).
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
2281
7. Abstract: Consultants, contractors,
and those invited by the NRC to travel
(e.g., prospective employees) must file
travel vouchers and trip reports in order
to be reimbursed for their travel
expenses. The information collected
includes the name, address, social
security number, and the amount to be
reimbursed. Travel expenses that are
reimbursed are confined to those
expenses essential to the transaction of
official business for an approved trip.
Submit, by March 14, 2008 comments
that address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions about the
information collection requirements
may be directed to the NRC Clearance
Officer, Margaret A. Janney (T–5 F52),
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, by
telephone at 301–415–7245, or by e-mail
to INFOCOLLECTS@NRC.GOV.
Dated at Rockville, Maryland, this 8th day
of January 2008.
For the Nuclear Regulatory Commission.
Gregory Trussell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E8–417 Filed 1–11–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Proposed Generic Communication;
Implementation of Certificate of
Compliance Amendments to
Previously Loaded Spent Fuel Storage
Casks
Nuclear Regulatory
Commission.
AGENCY:
E:\FR\FM\14JAN1.SGM
14JAN1
2282
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices
Notice of opportunity for public
comment.
ACTION:
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 ran@nrc.gov.
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.’’
rmajette on PROD1PC64 with NOTICES
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
VerDate Aug<31>2005
15:22 Jan 11, 2008
Jkt 214001
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
1 10
PO 00000
CFR 72.212(b)(1)(i).
Frm 00071
Fmt 4703
Sfmt 4703
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.
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
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.
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.
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:
2 10
CFR 72.212(b)(1)(ii).
CFR 72.212(b)(2)(i)(A).
4 10 CFR 72.212(b)(ii).
5 10 CFR 72.48(c)(1)(ii)(B).
6 10 CFR 72.244 and 72.246.
7 54 FR 19379, 19380 (May 5, 1989) (‘‘Storage
casks certified in the future will be routinely added
to the listing in § 72.214 through rulemaking
procedures’’).
3 10
E:\FR\FM\14JAN1.SGM
14JAN1
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices
‘‘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
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
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 § 72.48(c).’’ 11 Section 72.48(c) does
8 10
CFR 72.212(b)(7).
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).
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
rmajette on PROD1PC64 with NOTICES
9 10
VerDate Aug<31>2005
15:22 Jan 11, 2008
Jkt 214001
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
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.
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,
CFR 72.104 concerns limiting radiation exposure
from ISFSI operations).
12 10 CFR 72.48(c)(1).
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).
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
2283
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}. Comments were
received from {indicate the number of
commentors by type}. 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.
E:\FR\FM\14JAN1.SGM
14JAN1
2284
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices
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, https://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
pdr@nrc.gov.
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]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–151]
Notice of the Issuance of License
Amendment No. 15 for the University
of Illinois Nuclear Research Laboratory
Triga Research Reactor and the
Opportunity To Request a Hearing
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of the issuance of license
amendment No. 15 and the opportunity
to request a hearing.
AGENCY:
A request for a hearing must be
filed by March 10, 2008.
FOR FURTHER INFORMATION CONTACT:
Thomas McLaughlin, Project Manager,
Materials Decommissioning Branch,
Division of Waste Management and
Environmental Protection, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
(301) 415–5869; fax number: (301) 415–
5369; e-mail: tgm@nrc.gov.
SUPPLEMENTARY INFORMATION:
rmajette on PROD1PC64 with NOTICES
DATES:
I. Introduction
The Nuclear Regulatory Commission
(NRC) has issued a license amendment
to Facility Operating License R–115 that
allows decommissioning of the
University of Illinois’s (University’s or
licensee’s) Nuclear Research Laboratory
(NRL) Advanced Teaching Research
VerDate Aug<31>2005
15:22 Jan 11, 2008
Jkt 214001
Isotope General Atomic (TRIGA) Mark II
nuclear research reactor located on the
campus of the University of Illinois at
Champaign-Urbana in the city of
Urbana, Illinois.
By letters dated March 28, 2006 (See
ADAMS ML060900623), and August 20,
2007 (See ADAMS ML072550089), the
licensee submitted a Decommissioning
Plan (DP) in accordance with 10 CFR
50.82(b)(1), in order to dismantle the
TRIGA Reactor, to dispose of its
component parts and radioactive
material, and to decontaminate the
facilities in accordance with the
proposed DP to meet the Commission’s
unrestricted release criteria. After the
Commission verifies that the release
criteria have been met, Facility
Operating License No. R–115 will be
terminated.
The University of Illinois ceased
operations of the NRL TRIGA reactor on
August 6, 1998, and it was placed in a
Safe Storage (SAFSTOR) condition. On
August 18, 2004, the reactor fuel was
removed and shipped to the U.S.
Department of Energy’s Idaho National
Laboratory.
A ‘‘Notice and Solicitation of
Comments Pursuant to 10 CFR 20.1405
and 10 CFR 50.82(b)(5) Concerning
Proposed Action to Decommission the
University of Illinois at UrbanaChampaign Nuclear Reactor Laboratory’’
was published in the Federal Register
on August 1, 2006 (71 FR 43528), and
in the Champaign County, Illinois daily
newspaper, The News-Gazette, on
August 3, 2006. No comments were
received.
The University of Illinois is planning
unrestricted use for the area that would
be released. The NRC Final Rule on
License Termination, 10 CFR 20.1402,
provides radiological criteria for release
of a site for unrestricted use. Release
criteria for unrestricted use is a
maximum Total Effective Dose
Equivalent (TEDE) of 25 mrem per year
from residual radioactivity above
background and doses as low as
reasonably achievable (ALARA). The
results of the final status survey will be
used to demonstrate that the predicted
dose to a member of the public from any
residual radioactivity does not exceed
the 25 mrem per year dose limit. The
NRC will perform inspections and if
necessary a confirmatory survey to
verify that the decommissioning
activities and the final status survey
results are acceptable.
Based on the review of the specific
proposed activities associated with the
dismantling and decontamination of the
NRL, which includes the TRIGA
Reactor, the staff has determined that
the proposed action will not increase
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
the probability or consequences of
accidents. No changes are being made in
the types of any effluents that may be
released off site, and there will be no
significant increase in occupational or
public radiation exposure above those
during the operation of the facility.
Therefore, the staff concludes that there
are no significant radiological
environmental impacts associated with
the proposed action.
II. Opportunity to Request a Hearing
The NRC hereby provides notice that
this is a proceeding on an application
for a license amendment regarding the
decommissioning of the University of
Illinois NRL test reactor. Any person
whose interest may be affected by this
proceeding and who desires to
participate as a party must file a request
for a hearing and, a specification of the
contentions which the person seeks to
have litigated in the hearing, in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August,
2007, 72 FR 49139 (Aug. 28, 2007). The
E-Filing rule requires participants to
submit and serve documents over the
internet or in some cases to mail copies
on electronic storage media. Participants
may not submit paper copies of their
filings unless they seek a waiver in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least five (5)
days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital identification (ID) certificate,
which allows the participant (or its
counsel or representative) to digitally
sign documents and access the ESubmittal server for any proceeding in
which it is participating; and/or (2)
creation of an electronic docket for the
proceeding (even in instances in which
the petitioner/requestor (or its counsel
or representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Notices]
[Pages 2281-2284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-424]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Proposed Generic Communication; Implementation of Certificate of
Compliance Amendments to Previously Loaded Spent Fuel Storage Casks
AGENCY: Nuclear Regulatory Commission.
[[Page 2282]]
ACTION: Notice of opportunity for public comment.
-----------------------------------------------------------------------
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 ran@nrc.gov.
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\4\ 10 CFR 72.212(b)(ii).
\5\ 10 CFR 72.48(c)(1)(ii)(B).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ 10 CFR 72.244 and 72.246.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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, https://www.nrc.gov/NRC/ADAMS/.
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
pdr@nrc.gov.
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]
BILLING CODE 7590-01-P
