65FR37712 Interim Storage for Greater Than Class C Waste, Part 2/2
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Posting-number: Volume 65, Issue 117, Page 37712, Part 1
[[Page 37720]]
components important to safety whose functional adequacy or reliability
have not been demonstrated by prior use for that purpose or cannot be
demonstrated by reference to performance data in related applications
or to widely accepted engineering principles, an identification of
these structures, systems, or components along with a schedule showing
how safety questions will be resolved prior to the initial receipt of
spent fuel, high-level radioactive waste, and/or reactor-related GTCC
waste as appropriate for storage at the ISFSI or MRS.
* * * * *
(r) A description of the compatibility and suitability of the
reactor-related GTCC waste with the ISFSI or MRS.
11. Section 72.28 is amended by revising paragraph (d) to read as
follows:
Sec. 72.28 Contents of application: Applicant's technical
qualifications.
* * * * *
(d) A commitment by the applicant to have and maintain an adequate
complement of trained and certified installation personnel prior to the
receipt of spent fuel, high-level radioactive waste, and/or reactor-
related GTCC waste as appropriate for storage.
12. Section 72.30 is amended by revising paragraph (a) to read as
follows:
Sec. 72.30 Financial assurance and recordkeeping for decommissioning.
(a) Each application under this part must include a proposed
decommissioning plan that contains sufficient information on proposed
practices and procedures for the decontamination of the site and
facilities and for disposal of residual radioactive materials after all
spent fuel, high-level radioactive waste, and reactor-related GTCC
waste has been removed, in order to provide reasonable assurance that
the decontamination and decommissioning of the ISFSI or MRS at the end
of its useful life will provide adequate protection to the health and
safety of the public. This plan must identify and discuss those design
features of the ISFSI or MRS that facilitate its decontamination and
decommissioning at the end of its useful life.
* * * * *
13. Section 72.40 is amended by revising paragraph (b) to read as
follows:
Sec. 72.40 Issuance of license.
* * * * *
(b) A license to store spent fuel and reactor-related GTCC waste in
the proposed ISFSI or to store spent fuel, high-level radioactive
waste, and reactor-related GTCC waste in the proposed MRS may be denied
if construction on the proposed facility begins before a finding
approving issuance of the proposed license with any appropriate
conditions to protect environmental values.
* * * * *
14. Section 72.44 is amended by revising paragraphs (b)(4),
(c)(3)(i), (c)(5), the introductory text of paragraph (d), and (g)(2)
to read as follows:
Sec. 72.44 License conditions.
* * * * *
(b) * * *
(4) The licensee shall have an NRC-approved program in effect that
covers the training and certification of personnel that meets the
requirements of subpart I before the licensee may receive spent fuel
and/or reactor-related GTCC waste for storage at an ISFSI or the
receipt of spent fuel, high-level radioactive waste, and/or reactor-
related GTCC waste for storage at an MRS.
* * * * *
(c) * * *
(3) * * *
(i) Inspection and monitoring of spent fuel, high-level radioactive
waste, or reactor-related GTCC waste in storage;
* * * * *
(5) Administrative controls. Administrative controls include the
organization and management procedures, recordkeeping, review and
audit, and reporting requirements necessary to assure that the
operations involved in the storage of spent fuel and reactor-related
GTCC waste in an ISFSI and the storage of spent fuel, high-level
radioactive waste, and reactor-related GTCC waste in an MRS are
performed in a safe manner.
(d) Each license authorizing the receipt, handling, and storage of
spent fuel, high-level radioactive waste, and/or reactor-related GTCC
waste under this part must include technical specifications that, in
addition to stating the limits on the release of radioactive materials
for compliance with limits of part 20 of this chapter and the ``as low
as is reasonably achievable'' objectives for effluents, require that:
* * * * *
(g) * * *
(2) Construction of the MRS or acceptance of spent nuclear fuel,
high-level radioactive waste, and/or reactor-related GTCC waste at the
MRS is prohibited during such time as the repository license is revoked
by the Commission or construction of the repository ceases.
* * * * *
15. Section 72.52 is amended by revising paragraphs (b)(2), (c),
and (e) to read as follows:
Sec. 72.52 Creditor regulations.
* * * * *
(b) * * *
(2) That no creditor so secured may take possession of the spent
fuel and/or reactor-related GTCC waste under the provisions of this
section before --
(i) The Commission issues a license authorizing possession; or
(ii) The license is transferred.
(c) Any creditor so secured may apply for transfer of the license
covering spent fuel and/or reactor-related GTCC waste by filing an
application for transfer of the license under Sec. 72.50(b). The
Commission will act upon the application under Sec. 72.50(c).
* * * * *
(e) As used in this section, ``creditor'' includes, without implied
limitation --
(1) The trustee under any mortgage, pledge, or lien on spent fuel
and/or reactor-related GTCC waste in storage made to secure any
creditor;
(2) Any trustee or receiver of spent fuel and/or reactor-related
GTCC waste appointed by a court of competent jurisdiction in any action
brought for the benefit of any creditor secured by a mortgage, pledge,
or lien;
(3) Any purchaser of the spent fuel and/or reactor-related GTCC
waste at the sale thereof upon foreclosure of the mortgage, pledge, or
lien or upon exercise of any power of sale contained therein; or
(4) Any assignee of any such purchaser.
16. Section 72.54 is amended by revising paragraph (c)(1) to read
as follows:
Sec. 72.54 Expiration and termination of licenses and decommissioning
of sites and separate buildings or outdoor areas.
* * * * *
(c) * * *
(1) Limit actions involving spent fuel, reactor-related GTCC waste,
or other licensed material to those related to decommissioning; and
* * * * *
17. Section 72.60 is amended by revising paragraph (c) to read as
follows:
Sec. 72.60 Modification, revocation, and suspension of license.
* * * * *
(c) Upon revocation of a license, the Commission may immediately
cause the retaking of possession of all special nuclear material
contained in spent fuel and/or reactor-related GTCC waste held by the
licensee. In cases found by the Commission to be of extreme
[[Page 37721]]
importance to the national defense and security or to the health and
safety of the public, the Commission may cause the taking of possession
of any special nuclear material contained in spent fuel and/or reactor-
related GTCC waste held by the licensee before following any of the
procedures provided under sections 551-558 of title 5 of the United
States Code.
18. Section 72.72 is amended by revising paragraphs (a), (b), and
(d) to read as follows:
Sec. 72.72 Material balance, inventory, and records requirements for
stored materials.
(a) Each licensee shall keep records showing the receipt, inventory
(including location), disposal, acquisition, and transfer of all spent
fuel, high-level radioactive waste, and reactor-related GTCC waste
containing special nuclear material in storage. The records must
include as a minimum the name of shipper of the material to the ISFSI
or MRS, the estimated quantity of radioactive material per item
(including special nuclear material in spent fuel and reactor-related
GTCC waste), item identification and seal number, storage location,
onsite movements of each fuel assembly or storage canister, and
ultimate disposal. These records for spent fuel and reactor-related
GTCC waste at an ISFSI or for spent fuel, high-level radioactive waste,
and reactor-related GTCC waste at an MRS must be retained for as long
as the material is stored and for a period of five years after the
material is disposed of or transferred out of the ISFSI or MRS.
(b) Each licensee shall conduct a physical inventory of all spent
fuel, high-level radioactive waste, and reactor-related GTCC waste
containing special nuclear material in storage at intervals not to
exceed 12 months unless otherwise directed by the Commission. The
licensee shall retain a copy of the current inventory as a record until
the Commission terminates the license.
* * * * *
(d) Records of spent fuel, high-level radioactive waste, and
reactor-related GTCC waste containing special nuclear material in
storage must be kept in duplicate. The duplicate set of records must be
kept at a separate location sufficiently remote from the original
records that a single event would not destroy both sets of records.
Records of spent fuel or reactor-related GTCC waste containing special
nuclear material transferred out of an ISFSI or of spent fuel, high-
level radioactive waste, or reactor-related GTCC waste containing
special nuclear material transferred out of an MRS must be preserved
for a period of five years after the date of transfer.
19. Section 72.75 is amended by revising the introductory text of
paragraphs (b) and (c), paragraphs (b)(2), (b)(3), (b)(6), (d)(1)(iv),
and (d)(2)(ii)(L) to read as follows:
Sec. 72.75 Reporting requirements for specific events and conditions.
* * * * *
(b) Non-emergency notifications: Four-hour reports. Each licensee
shall notify the NRC as soon as possible but not later than 4 hours
after the discovery of any of the following events or conditions
involving spent fuel, HLW, or reactor-related GTCC waste:
* * * * *
(2) A defect in any storage structure, system, or component which
is important to safety.
(3) A significant reduction in the effectiveness of any storage
confinement system during use.
* * * * *
(6) An unplanned fire or explosion damaging any spent fuel, HLW,
and/or reactor-related GTCC waste, or any device, container, or
equipment containing spent fuel, HLW, and/or reactor-related GTCC waste
when the damage affects the integrity of the material or its container.
(c) Non-emergency notifications: Twenty-four hour reports. Each
licensee shall notify the NRC within 24 hours after the discovery of
any of the following events involving spent fuel, HLW, or reactor-
related GTCC waste:
* * * * *
(d) * * *
(1) * * *
(iv) The quantities, and chemical and physical forms of the spent
fuel, HLW, or reactor-related GTCC waste involved; and
* * * * *
(2) * * *
(ii) * * *
(L) The quantities and chemical and physical forms of the spent
fuel, HLW, or reactor-related GTCC waste involved;
* * * * *
20. Section 72.76 is amended by revising paragraph (a) to read as
follows:
Sec. 72.76 Material status reports.
(a) Except as provided in paragraph (b) of this section, each
licensee shall complete, in computer-readable format, and submit to the
Commission a material status report in accordance with instructions
(NUREG/BR-0007 and NMMSS Report D-24 ``Personal Computer Data Input for
NRC Licensees''). Copies of these instructions may be obtained from the
U.S. Nuclear Regulatory Commission, Division of Fuel Cycle Safety and
Safeguards, Washington, DC 20555 -0001. These reports provide
information concerning the special nuclear material contained in the
spent fuel and reactor-related GTCC waste possessed, received,
transferred, disposed of, or lost by the licensee. Material status
reports must be made as of March 31 and September 30 of each year and
filed within 30 days after the end of the period covered by the report.
The Commission may, when good cause is shown, permit a licensee to
submit material status reports at other times. The Commission's copy of
this report must be submitted to the address specified in the
instructions. These prescribed computer-readable forms replace the DOE/
NRC Form 742 which has been previously submitted in paper form.
* * * * *
21. Section 72.78 is amended by revising paragraph (a) to read as
follows:
Sec. 72.78 Nuclear material transfer reports.
(a) Except as provided in paragraph (b) of this section, whenever
the licensee transfers or receives spent fuel or GTCC waste containing
special nuclear material, the licensee shall complete in computer-
readable format a Nuclear Material Transaction Report in accordance
with instructions (NUREG/BR-0006 and NMMSS Report D-24, ``Personal
Computer Data Input for NRC Licensees''). Copies of these instructions
may be obtained from the U.S. Nuclear Regulatory Commission, Division
of Fuel Cycle Safety and Safeguards, Washington, DC 20555-0001. Each
ISFSI licensee who receives spent fuel from a foreign source shall
complete both the supplier's and receiver's portion of the Nuclear
Material Transaction Report, verify the identity of the spent fuel, and
indicate the results on the receiver's portion of the form. These
prescribed computer-readable forms replace the DOE/NRC Form 741 which
has been previously submitted in paper form.
* * * * *
22. Section 72.80 is amended by revising paragraph (g) to read as
follows:
Sec. 72.80 Other records and reports.
* * * * *
(g) Each specific licensee shall notify the Commission, in
accordance with Sec. 72.4, of its readiness to begin operation at least
90 days prior to the first storage of spent fuel, high-level waste, or
reactor-related GTCC waste in an ISFSI or MRS.
23. Section 72.82 is amended by revising paragraphs (a) and (b) to
read as follows:
[[Page 37722]]
Sec. 72.82 Inspections and tests.
(a) Each licensee under this part shall permit duly authorized
representatives of the Commission to inspect its records, premises, and
activities and of spent fuel, high-level radioactive waste, or reactor-
related GTCC waste in its possession related to the specific license as
may be necessary to meet the objectives of the Act, including section
105 of the Act.
(b) Each licensee under this part shall make available to the
Commission for inspection, upon reasonable notice, records kept by the
licensee pertaining to its receipt, possession, packaging, or transfer
of spent fuel, high-level radioactive waste, or reactor-related GTCC
waste.
* * * * *
24. Section 72.106 is amended by revising paragraph (b) to read as
follows:
Sec. 72.106 Controlled area of an ISFSI or MRS.
* * * * *
(b) Any individual located on or beyond the nearest boundary of the
controlled area may not receive from any design basis accident the more
limiting of a total effective dose equivalent of 0.05 Sv (5 rem), or
the sum of the deep-dose equivalent and the committed dose equivalent
to any individual organ or tissue (other than the lens of the eye) of
0.5 Sv (50 rem). The lens dose equivalent may not exceed 0.15 Sv (15
rem) and the shallow dose equivalent to skin or any extremity may not
exceed 0.5 Sv (50 rem). The minimum distance from the spent fuel, high-
level radioactive waste, or reactor-related GTCC waste handling and
storage facilities to the nearest boundary of the controlled area must
be at least 100 meters.
* * * * *
25. Section 72.108 is revised to read as follows:
Sec. 72.108 Spent fuel, high-level radioactive waste, or reactor-
related greater than class C waste transportation.
The proposed ISFSI or MRS must be evaluated with respect to the
potential impact on the environment of the transportation of spent
fuel, high-level radioactive waste, or reactor-related GTCC waste
within the region.
26. Section 72.120 is revised to read as follows:
Sec. 72.120 General considerations.
(a) As required by Sec. 72.24, an application to store spent fuel
or reactor-related GTCC waste in an ISFSI or to store spent fuel, high-
level radioactive waste, or reactor-related GTCC waste in an MRS must
include the design criteria for the proposed storage installation.
These design criteria establish the design, fabrication, construction,
testing, maintenance and performance requirements for structures,
systems, and components important to safety as defined in Sec. 72.3.
The general design criteria identified in this subpart establish
minimum requirements for the design criteria for an ISFSI or MRS. Any
omissions in these general design criteria do not relieve the applicant
from the requirement of providing the necessary safety features in the
design of the ISFSI or MRS.
(b) The ISFSI must be designed to store spent fuel and/or solid
reactor-related GTCC waste. Liquid reactor-related GTCC wastes may not
be received or stored in an ISFSI. If the ISFSI is a water-pool type
facility, the reactor-related GTCC waste must be in a durable solid
form with demonstrable leach resistance.
(c) The MRS must be designed to store spent fuel, solid high-level
radioactive waste, and/or solid reactor-related GTCC waste. Liquid
high-level radioactive wastes or liquid reactor-related GTCC wastes may
not be received or stored in an MRS. If the MRS is a water-pool type
facility, the high-level waste and reactor-related GTCC waste must be
in a durable solid form with demonstrable leach resistance.
(d) The ISFSI or MRS must be designed, made of materials, and
constructed to ensure that there will be no significant chemical,
galvanic, or other reactions between or among the storage system
components, spent fuel, reactor-related GTCC waste, and/or high level
waste including possible reaction with water during wet loading and
unloading operations or during storage in a water-pool type ISFSI or
MRS. The behavior of materials under irradiation and thermal conditions
must be taken into account.
27. Section 72.122 is amended by revising paragraphs (b)(2),
(h)(2), (h)(5), (i) and (l) to read as follows:
Sec. 72.122 Overall requirements.
* * * * *
(b) * * *
(2)(i) Structures, systems, and components important to safety must
be designed to withstand the effects of natural phenomena such as
earthquakes, tornadoes, lightning, hurricanes, floods, tsunami, and
seiches, without impairing their capability to perform their intended
design functions. The design bases for these structures, systems, and
components must reflect:
(A) Appropriate consideration of the most severe of the natural
phenomena reported for the site and surrounding area, with appropriate
margins to take into account the limitations of the data and the period
of time in which the data have accumulated, and
(B) Appropriate combinations of the effects of normal and accident
conditions and the effects of natural phenomena.
(ii) The ISFSI or MRS should also be designed to prevent massive
collapse of building structures or the dropping of heavy objects as a
result of building structural failure on the spent fuel, high-level
radioactive waste, or reactor-related GTCC waste or on to structures,
systems, and components important to safety.
* * * * *
(h) * * *
(2) For underwater storage of spent fuel, high-level radioactive
waste, or reactor-related GTCC waste in which the pool water serves as
a shield and a confinement medium for radioactive materials, systems
for maintaining water purity and the pool water level must be designed
so that any abnormal operations or failure in those systems from any
cause will not cause the water level to fall below safe limits. The
design must preclude installations of drains, permanently connected
systems, and other features that could, by abnormal operations or
failure, cause a significant loss of water. Pool water level equipment
must be provided to alarm in a continuously manned location if the
water level in the storage pools falls below a predetermined level.
* * * * *
(5) The high-level radioactive waste and reactor-related GTCC waste
must be packaged in a manner that allows handling and retrievability
without the release of radioactive materials to the environment or
radiation exposures in excess of Part 20 limits. The package must be
designed to confine the high-level radioactive waste for the duration
of the license.
(i) Instrumentation and control systems. Instrumentation and
control systems for wet spent fuel and reactor-related GTCC waste
storage must be provided to monitor systems that are important to
safety over anticipated ranges for normal operation and off-normal
operation. Those instruments and control systems that must remain
operational under accident conditions must be identified in the Safety
Analysis Report. Instrumentation systems for dry storage casks must be
provided in accordance with cask design requirements to monitor
[[Page 37723]]
conditions that are important to safety over anticipated ranges for
normal conditions and off-normal conditions. Systems that are required
under accident conditions must be identified in the Safety Analysis
Report.
* * * * *
(l) Retrievability. Storage systems must be designed to allow ready
retrieval of spent fuel, high-level radioactive waste, and reactor-
related GTCC waste for further processing or disposal.
28. Section 72.128 is amended by revising the heading and the
introductory text of paragraph (a) to read as follows:
Sec. 72.128 Criteria for spent fuel, high-level radioactive waste,
reactor-related greater than class C waste, and other radioactive waste
storage and handling.
(a) Spent fuel, high-level radioactive waste, and reactor-related
GTCC waste storage and handling systems. Spent fuel storage, high-level
radioactive waste storage, reactor-related GTCC waste storage and other
systems that might contain or handle radioactive materials associated
with spent fuel, high-level radioactive waste, or reactor-related GTCC
waste, must be designed to ensure adequate safety under normal and
accident conditions. These systems must be designed with--
* * * * *
29. Section 72.140 is amended by revising paragraph (c)(2) to read
as follows:
Sec. 72.140 Quality assurance requirements.
* * * * *
(c) * * *
(2) Each licensee shall obtain Commission approval of its quality
assurance program prior to receipt of spent fuel and/or reactor-related
GTCC waste at the ISFSI or spent fuel, high-level radioactive waste,
and/or reactor-related GTCC waste at the MRS.
* * * * *
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
30. The authority citation for Part 150 continues to read as
follows:
Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as
amended (42 U.S.C. 5841).
Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84,
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42
U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub.
L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section
150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C.
2282).
31. Section 150.15 is amended by revising paragraph (a)(7) and
adding a new paragraph (a)(8) to read as follows:
Sec. 150.15 Persons not exempt.
(a) * * *
(7) The storage of:
(i) Spent fuel in an independent spent fuel storage installation
(ISFSI) licensed under Part 72 of this chapter,
(ii) Spent fuel and high-level radioactive waste in a monitored
retrievable storage installation (MRS) licensed under Part 72 of this
chapter, or
(iii) Greater than class C waste, as defined in Part 72 of this
chapter. In an ISFSI or MRS licensed under Part 72 of this chapter, the
GTCC waste must originate in, or be used by, a facility licensed under
Part 50 of this chapter.
(8) Greater than class C waste, as defined in Part 72 of this
chapter, that originates in, or be used by, a facility licensed under
Part 50 of this chapter and is licensed under Part 30 and/or Part 70 of
this chapter.
* * * * *
Dated at Rockville, Maryland, this 9th day of June, 2000.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 00-15054 Filed 6-15-00; 8:45 am]
BILLING CODE 7590-01-P