Fuel Retrievability, 63843-63845 [2015-26743]

Download as PDF Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices Dated: October 14, 2015. Peter Wen, Acting Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. The agenda for the subject meeting shall be as follows: [FR Doc. 2015–26739 Filed 10–20–15; 8:45 am] BILLING CODE 7590–01–P tkelley on DSK3SPTVN1PROD with NOTICES Wednesday, November 4, 2015—12:00 p.m. Until 1:00 p.m. The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Quynh Nguyen (Telephone 301–415–5844 or Email: Quynh.Nguyen@nrc.gov) five days prior to the meeting, if possible, so that arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 1, 2014 (79 FR 59307). Information regarding changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the DFO if such rescheduling would result in a major inconvenience. If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (240–888–9835) to be escorted to the meeting room. VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 NUCLEAR REGULATORY COMMISSION I. Obtaining Information and Submitting Comments Fuel Retrievability Nuclear Regulatory Commission. ACTION: Draft interim staff guidance; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is requesting public comment on its draft SFM-Interim Staff Guidance (ISG)—2, Revision 2, ‘‘Fuel Retrievability.’’ This revision to the guidance was developed to improve regulatory clarity due to uncertain duration of spent fuel storage in an independent spent fuel storage installation (ISFSI). The revision would provide improved guidance to the staff on the process to determine whether spent fuel storage systems are designed to allow ready retrieval of spent fuel. DATES: Submit comments by November 20, 2015. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2015–0241. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN–12–H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Emma Wong, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear SUMMARY: Frm 00107 Fmt 4703 Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 7091, email: Emma.Wong@nrc.gov and Haile Lindsay, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–0616, email: Haile.Lindsay@nrc.gov. SUPPLEMENTARY INFORMATION: [NRC–2015–0241] PO 00000 63843 Sfmt 4703 A. Obtaining Information Please refer to Docket ID NRC–2015– 0241 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2015–0241. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that a document is referenced. Draft ISG–2, Revision 2, is available in ADAMS under Accession No. ML15239A695. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2015– 0241 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at https:// www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. E:\FR\FM\21OCN1.SGM 21OCN1 63844 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Background Section 141(b)(1)(C) of the Nuclear Waste Policy Act (NWPA) of 1982, as amended, requires that each monitored retrievable storage (MRS) facility be designed ‘‘to provide for the ready retrieval of such spent fuel and waste for further processing or disposal.’’ The NRC codified this portion of the NWPA in its 1988 final rulemaking, ‘‘Licensing Requirements for the Independent Spent Fuel Storage of Spent Nuclear Fuel and High-Level Radioactive Waste’’ (53 FR 31651; August 19, 1988). The NRC inserted, ‘‘Storage systems must be designed to allow ready retrieval of spent fuel or high-level radioactive waste for further processing or disposal,’’ in section 72.122(l) of title 10 of the Code of Federal Regulations (10 CFR) and added MRS facilities to the scope of 10 CFR part 72. This requirement currently applies to all ISFSI and MRS licensees. The NRC’s current position on how a licensee may satisfy the requirement for ‘‘ready retrieval’’ under section 72.122(l) is delineated in draft ISG No. 2, Revision 1 (ADAMS Accession No. ML100550861). In essence, draft ISG–2, Rev. 1 provides guidance to the NRC staff that a licensee may demonstrate ready retrieval through a two-part approach: 1) Ability to remove the individual spent fuel assemblies or canned assemblies by normal means (i.e., crane and grapple); and 2) ability to move a canister or cask containing spent fuel from the storage location. As the duration of spent fuel storage at an ISFSI or MRS facility increases, the practical impact of the application of the first part of ready retrieval—the ability of the fuel assembly to be removed from the canister or cask by normal means—has led the staff to take a closer look at retrievability. To ensure that the application of the first part of ‘‘ready retrieval’’ is met as the duration of fuel storage increases, periodic monitoring or inspection may be needed to verify the condition of the fuel and the internal components of the dry storage system, and could identify the VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 need for possible remediation of the fuel and the internal components of the dry storage system. Because of the difficulties in accessing the fuel and the interior components, inspection, monitoring, and potential remediation may involve opening the confinement boundary of the system in order to verify the condition of the fuel and internal components. However, opening the dry storage system would expose workers to additional dose and, particularly for welded canisters, degrade or eliminate the confinement boundary. Consistent with the NRC’s ongoing work reviewing the regulatory framework for spent fuel storage and transportation (see COMSECY–10–0007, ADAMS Accession No. ML101390216), the NRC staff began exploring alternatives to the guidance on the application of ready retrieval. The staff’s review has centered around whether to eliminate the first part of the guidance on ready retrieval—the ability to remove individual fuel assemblies from a canister or cask by normal means—but maintaining the second part—the ability of the canister or cask to be safely removed from the storage location. By eliminating the first part of the guidance, the dry cask storage system (i.e., dual-purpose cask or canister containing the spent fuel) would still be retrieved safely and be readied for transportation consistent with the law and regulations. This way, the spent fuel dry storage confinement continues to be maintained without the potential negative impacts associated with unnecessarily removing the individual fuel assemblies. In an effort to engage stakeholders in this discussion, NRC staff held two public meetings on July 27, 2011, and August 16, 2012, to obtain stakeholder feedback on these topics. Additionally, in January 2013, the NRC issued a Federal Register notice (78 FR 3853) requesting public comment on several topics, including retrievability and cladding integrity. The NRC received comments on the Federal Register notice that can be found under ADAMS Accession number ML15110A370. The staff work in this area was deferred due to higher priority work such as license renewal regulatory framework and high burn up fuel related activities. Therefore, the NRC staff held a public meeting on July 29, 2015, to provide an update on the staff’s work on this issue. The meeting summary was issued on August 5, 2015 (ADAMS Accession No. ML15216A272). The NRC staff has also considered how dry storage of spent nuclear fuel is implemented in other countries, and PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 international guidance for spent fuel storage. The NRC staff has participated in several multilateral working groups related to extended spent fuel storage. The NRC staff reviewed the International Atomic Energy Agency’s Specific Safety Guide No. SSG–15, ‘‘Storage of Spent Nuclear Fuel.’’ This guide is consistent with the NRC’s current position of retrievability and will remain consistent with planned changes. Additionally, the NRC staff is aware that the spent fuel storage systems in Germany undergo periodic inspections at 10-year intervals, which are focused on the accessible cask components and confinement boundary (seals). The aging management program required by 10 CFR part 72 for renewal also provides for periodic inspections in the United States. III. Proposed Action By this action, the NRC is requesting public comments on draft ISG 2, Revision 2. This ISG proposes certain revisions to NRC guidance on implementation of the requirements in 10 CFR part 72. The NRC staff will make a final determination regarding issuance of the revised ISG after it considers any public comments received in response to this request. IV. Backfitting and Issue Finality This draft ISG, if finalized, would provide guidance to the NRC staff for reviewing an application for an ISFSI license with respect to compliance with the retrievability requirement of 10 CFR 72.122(l). Issuance of this draft ISG, if finalized, would not constitute backfitting as defined in the backfitting provisions in 10 CFR 72.62 which are applicable to ISFSIs. Issuance of the draft ISG, if finalized, would also not constitute backfitting under 10 CFR 50.109, or otherwise be inconsistent with the issue finality provisions in 10 CFR part 52 for generally licensed ISFSIs. The staff’s position is based upon the following considerations. 1. The draft ISG positions, if finalized, do not constitute backfitting, inasmuch as the ISG is internal guidance to the NRC staff. The ISG provides interim guidance to the staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either ISFSI or nuclear power plant applicants or licensees are protected under the backfitting provisions in 10 CFR parts 50 or 72, or the issue finality provisions of part 52. 2. Backfitting and issue finality do not—with limited exceptions not E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices AGENCY: features for a paleoliquefaction research project at two sites located in northeastern Arkansas. The NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. DATES: October 21, 2015. ADDRESSES: Please refer to Docket ID NRC–2012–0271 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0271. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it available in ADAMS) is provided the first time that a document is referenced. The EA and the associated FONSI are publicly available in ADAMS under Accession No. ML15287A224. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Thomas Weaver, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 2383; email: Thomas.Weaver@nrc.gov. SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) has prepared an Environmental Assessment (EA) to evaluate the potential environmental impacts that may arise as a result of excavating trenches to observe geologic I. Introduction The NRC is performing a paleoliquefaction research project to characterize past earthquakes in the Central and Eastern United States. Geologic observations of paleoliquefaction, defined as historic or pre-historic liquefaction, in excavated trenches are planned at two sites in northeastern Arkansas. Liquefaction applicable here—protect current or future applicants. Applicants and potential applicants are not, with certain exceptions, protected by the backfitting provisions in 10 CFR 72.62 or 10 CFR 50.109, or any issue finality provisions under part 52. This is because neither the backfitting provisions nor the issue finality provisions under part 52—with certain exclusions discussed below— were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a part 52 license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. However, the matters covered in this ISG are not subject matters or issues for which issue finality protection is provided. 3. The NRC has no intention to impose the ISG on existing ISFSI or nuclear power plant licenses either now or in the future (absent a voluntary request for change from the licensee). The NRC staff does not intend to impose or apply the positions described in the ISG to existing (already issued) licenses (e.g., ISFSI licenses, operating licenses and combined licenses) absent a voluntary request for a change from the licensee. Hence, the ISG need not be evaluated as if it were a backfit. Dated at Rockville, Maryland, this 14th day of October, 2015. For the Nuclear Regulatory Commission. Mark Lombard, Director, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2015–26743 Filed 10–20–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0271] tkelley on DSK3SPTVN1PROD with NOTICES Geologic Trench Excavation for Paleoliquefaction Study at Garner and Stiles Sites Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. SUMMARY: VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 63845 features are geologic features such as sand blows and sand dikes formed during earthquakes as a result of ground shaking and water pressure developed in the ground during shaking. The results from this research will be used to update models implemented in probabilistic seismic hazard analyses to characterize ground motion at new nuclear power plant sites in accordance with the NRC’s regulation in section 100.23(d)(1) of title 10 of the Code of Federal Regulations (10 CFR). The results of this research may also implemented to re-evaluate seismic hazards at existing nuclear power plant sites. The NRC has prepared an EA to evaluate the potential environmental impacts that may arise as a result of this research project in accordance with the requirements of 10 CFR part 51, the NRC’s regulations that implement Section 102(2) of the National Environmental Policy Act of 1969, as amended. Based on the EA, and in accordance with 10 CFR 51.31(a), the NRC has concluded that a FONSI is appropriate. The excavation of the trenches at the two sites in northeastern Arkansas will commence following publication of this Notice. II. EA Summary The NRC has prepared the EA to evaluate the potential environmental impacts of the excavation of the trenches at two sites in northeastern Arkansas, described in the EA as the Garner and Stiles sites. In accordance with Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the NRC staff requested informal consultation with the United States Fish and Wildlife Service. No concerns were identified for Federally-listed species or designated critical habitat. This project is temporary, minimally invasive, and will occur outside the critical nesting times for migratory birds. The NRC determined that the proposed excavation of the trenches will result in no adverse effects to any historic or cultural resources that may be located at the Garner or Stiles sites. The NRC’s evaluation of archeologic artifacts discovered at the Garner site concludes that the site is ineligible for the National Register of Historic Places (NHRP). The Arkansas State Historic Preservation Officer stated in a September 3, 2014, letter to the NRC that NHRP eligibility for the Garner site is undetermined and noted that the proposed excavation of the trenches is similar to NRHP significance testing. If significant archeological material data is uncovered at the Garner site, the NRC E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

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


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2015-0241]


Fuel Retrievability

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft interim staff guidance; request for comment.

-----------------------------------------------------------------------

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

DATES: Submit comments by November 20, 2015. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
before this date.

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

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

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

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

B. Submitting Comments

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

[[Page 63844]]

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

II. Background

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

III. Proposed Action

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

IV. Backfitting and Issue Finality

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

[[Page 63845]]

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

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

    For the Nuclear Regulatory Commission.
Mark Lombard,
Director, Division of Spent Fuel Management, Office of Nuclear Material 
Safety and Safeguards.
 [FR Doc. 2015-26743 Filed 10-20-15; 8:45 am]
BILLING CODE 7590-01-P
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