Fuel Retrievability in Spent Fuel Storage Applications, 36963-36964 [2016-13569]
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
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appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Dated: June 2, 2016.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2016–13449 Filed 6–7–16; 8:45 am]
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Tuesday, June 21, 2016 (9:00 a.m. to
5:00 p.m.)
mstockstill on DSK3G9T082PROD with NOTICES
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[FR Doc. 2016–13509 Filed 6–7–16; 8:45 am]
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[NRC–2015–0241]
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Fuel Retrievability in Spent Fuel
Storage Applications
Nuclear Regulatory
Commission.
ACTION: Interim staff guidance; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Interim
Staff Guidance (ISG)-2, Revision 2,
‘‘Fuel Retrievability in Spent Fuel
Storage Applications.’’ 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 is to
provide improved guidance to the staff
on the practical implementation of
determining whether storage systems
are designed to allow ready retrieval of
spent fuel.
DATES: This guidance is effective on
June 8, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2015–0241 when contacting the
SUMMARY:
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
36963
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–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.
• 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 final
ISG–2, Revision 2, and responses to
public comments are available
electronically in ADAMS under
Accession Nos. ML16117A080 and
ML16117A082, respectively.
• 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:
Emma Wong, Office of Nuclear Material
Safety and Safeguards, telephone: 301–
415–7091, email: Emma.Wong@nrc.gov
and Haile Lindsay, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–0616, email:
Haile.Linsday@nrc.gov. Both are staff of
the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
I. Background
The NRC staff has developed ISG–2,
Revision 2, ‘‘Fuel Retrievability in Spent
Fuel Storage Applications,’’ to clarify
section 72.122(l) of title 10 of the Code
of Federal Regulations (10 CFR),
Retrievability. By the use of options to
meet ready retrieval, this guidance
focuses on safety and design bases to
allow maximum flexibility to meet
retrievability for the longer storage
duration. With the increased flexibility
in the guidance to meet retrievability,
evaluations of the internal components
of the cask or canister may no longer be
necessary for maintaining the ability to
E:\FR\FM\08JNN1.SGM
08JNN1
36964
Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
remove the individual fuel assemblies
by the use of normal means (e.g.,
degradation of the internal components
such as radiation damage to internal
components, depletion of the neutron
absorbing material, Boral blistering, fuel
degradation, and basket degradation) for
the retrievability safety function.
However, if these components’ intended
functions are relied upon for safety,
these components would need to be
evaluated for those safety functions
which may include retrieval of the
individual fuel assemblies safely.
II. Public Comments
The NRC issued draft ISG–2, Revision
2 (ADAMS Accession No.
ML15239A683) in the Federal Register
on October 21, 2015 (80 FR 63843), for
a 30-day public comment period and
received comments from the following
sources:
ADAMS
Accession No.
Document
Kristopher Cummings (Nuclear Energy Institute (NEI)) dated November 16, 2015 ........................................................................
Robert Einziger, dated November 13, 2015 .....................................................................................................................................
Donna Gilmore (San Onofre Safety), dated November 20, 2015 ....................................................................................................
Patricia Borchmann, dated November 20, 2015 ..............................................................................................................................
Marv Lewis, dated November 21, 2015, and November 26, 2015 ..................................................................................................
Diane D’Arrigo (Nuclear Information and Resource Service (NIRS)), dated November 20, 2015 ..................................................
Connecticut Yankee Atomic Power Company, dated November 17, 2015 .....................................................................................
Yankee Atomic Electric Company, dated November 17, 2015 ........................................................................................................
Maine Yankee Atomic Power Company, dated November 17, 2015 ..............................................................................................
Richard Morgal, dated November 20, 2015 .....................................................................................................................................
The NRC considered these comments
in developing the final ISG. Detailed
responses to the comments can be found
in ML16117A082.
The final ISG–2, Revision 2 is
approved for NRC staff and stakeholder
use and will be incorporated into the
NRC’s next standard review plan
guidance revision.
mstockstill on DSK3G9T082PROD with NOTICES
III. Congressional Review Act
This ISG is a rule as defined in the
Congressional Review Act (§ 5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
IV. Backfitting and Issue Finality
This ISG provides 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 the ISG does not constitute
backfitting as defined in sections 72.62
and 50.59. Issuance of this ISG is not
otherwise 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 ISG does 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’s 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
VerDate Sep<11>2014
17:30 Jun 07, 2016
Jkt 238001
50 or 72, or the issue finality provisions
of 10 CFR part 52.
2. Backfitting and issue finality do
not—with limited exceptions not
applicable here—protect current or
future applicants.
Applicants and potential applicants
are not, with certain exceptions,
protected by the backfitting provisions
in sections 72.62 or 50.109, or any issue
finality provisions under 10 CFR part
52. This is because neither the
backfitting provisions nor the issue
finality provisions under 10 CFR 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 10
CFR 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 staff has no intention to
impose the ISG on existing ISFSI or
nuclear power plant licensees either
now or in the future (absent a voluntary
request for change from the licensee).
The NRC does not intend to impose
or apply the positions described in this
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.
PO 00000
Frm 00105
Fmt 4703
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ML15337A082
ML15324A253
ML15337A007
ML15337A010
ML15337A009
ML15337A012
ML15337A011
ML15337A083
ML15337A083
ML15337A083
ML15337A084
ML15337A008
Dated at Rockville, Maryland, this 2nd day
of June, 2016.
For the Nuclear Regulatory Commission.
Bo Pham,
Acting Deputy Director, Division of Spent Fuel
Management, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2016–13569 Filed 6–7–16; 8:45 am]
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Advisory Committee on the Medical
Uses of Isotopes: Meeting Notice
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of meeting.
AGENCY:
The U.S. Nuclear Regulatory
Commission will convene a
teleconference meeting of the Advisory
Committee on the Medical Uses of
Isotopes (ACMUI) on June 24, 2016, to
discuss the draft report of the ACMUI
Radioactive Seed Localization (RSL)
Subcommittee and discuss potential
rulemaking to expand the financial
assurance requirements for some
radioactive byproduct material. The RSL
report will include the subcommittee’s
comments on the draft RSL licensing
guidance. For the second topic, NRC
staff will summarize the results of a
recently completed scoping study to
determine whether financial planning
requirements for decommissioning and
end-of-life management for some
radioactive byproduct material, are
necessary. NRC staff believes that the
financial assurance requirements in
Title 10 of the Code of Federal
SUMMARY:
E:\FR\FM\08JNN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36963-36964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13569]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2015-0241]
Fuel Retrievability in Spent Fuel Storage Applications
AGENCY: Nuclear Regulatory Commission.
ACTION: Interim staff guidance; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Interim Staff Guidance (ISG)-2, Revision 2, ``Fuel Retrievability in
Spent Fuel Storage Applications.'' 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 is to provide improved guidance to the staff on
the practical implementation of determining whether storage systems are
designed to allow ready retrieval of spent fuel.
DATES: This guidance is effective on June 8, 2016.
ADDRESSES: Please refer to Docket ID NRC-2015-0241 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-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.
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
final ISG-2, Revision 2, and responses to public comments are available
electronically in ADAMS under Accession Nos. ML16117A080 and
ML16117A082, respectively.
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: Emma Wong, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-7091, email:
Emma.Wong@nrc.gov and Haile Lindsay, Office of Nuclear Material Safety
and Safeguards, telephone: 301-415-0616, email: Haile.Linsday@nrc.gov.
Both are staff of the U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Background
The NRC staff has developed ISG-2, Revision 2, ``Fuel
Retrievability in Spent Fuel Storage Applications,'' to clarify section
72.122(l) of title 10 of the Code of Federal Regulations (10 CFR),
Retrievability. By the use of options to meet ready retrieval, this
guidance focuses on safety and design bases to allow maximum
flexibility to meet retrievability for the longer storage duration.
With the increased flexibility in the guidance to meet retrievability,
evaluations of the internal components of the cask or canister may no
longer be necessary for maintaining the ability to
[[Page 36964]]
remove the individual fuel assemblies by the use of normal means (e.g.,
degradation of the internal components such as radiation damage to
internal components, depletion of the neutron absorbing material, Boral
blistering, fuel degradation, and basket degradation) for the
retrievability safety function. However, if these components' intended
functions are relied upon for safety, these components would need to be
evaluated for those safety functions which may include retrieval of the
individual fuel assemblies safely.
II. Public Comments
The NRC issued draft ISG-2, Revision 2 (ADAMS Accession No.
ML15239A683) in the Federal Register on October 21, 2015 (80 FR 63843),
for a 30-day public comment period and received comments from the
following sources:
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
Kristopher Cummings (Nuclear Energy ML15337A082
Institute (NEI)) dated November 16,
2015.
Robert Einziger, dated November 13, 2015 ML15324A253
Donna Gilmore (San Onofre Safety), dated ML15337A007
November 20, 2015.
Patricia Borchmann, dated November 20, ML15337A010
2015.
Marv Lewis, dated November 21, 2015, and ML15337A009
November 26, 2015. ML15337A012
Diane D'Arrigo (Nuclear Information and ML15337A011
Resource Service (NIRS)), dated
November 20, 2015.
Connecticut Yankee Atomic Power Company, ML15337A083
dated November 17, 2015.
Yankee Atomic Electric Company, dated ML15337A083
November 17, 2015.
Maine Yankee Atomic Power Company, dated ML15337A083
November 17, 2015.
Richard Morgal, dated November 20, 2015. ML15337A084
ML15337A008
------------------------------------------------------------------------
The NRC considered these comments in developing the final ISG.
Detailed responses to the comments can be found in ML16117A082.
The final ISG-2, Revision 2 is approved for NRC staff and
stakeholder use and will be incorporated into the NRC's next standard
review plan guidance revision.
III. Congressional Review Act
This ISG is a rule as defined in the Congressional Review Act
(Sec. 5 U.S.C. 801-808). However, the Office of Management and Budget
has not found it to be a major rule as defined in the Congressional
Review Act.
IV. Backfitting and Issue Finality
This ISG provides 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 the ISG
does not constitute backfitting as defined in sections 72.62 and 50.59.
Issuance of this ISG is not otherwise 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 ISG does 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's 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 10 CFR part 52.
2. Backfitting and issue finality do not--with limited exceptions
not applicable here--protect current or future applicants.
Applicants and potential applicants are not, with certain
exceptions, protected by the backfitting provisions in sections 72.62
or 50.109, or any issue finality provisions under 10 CFR part 52. This
is because neither the backfitting provisions nor the issue finality
provisions under 10 CFR 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 10 CFR 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 staff has no intention to impose the ISG on existing
ISFSI or nuclear power plant licensees either now or in the future
(absent a voluntary request for change from the licensee).
The NRC does not intend to impose or apply the positions described
in this 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 2nd day of June, 2016.
For the Nuclear Regulatory Commission.
Bo Pham,
Acting Deputy Director, Division of Spent Fuel Management, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2016-13569 Filed 6-7-16; 8:45 am]
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