65FR37712 Interim Storage for Greater Than Class C Waste, Part 1/2
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[Federal Register: June 16, 2000 (Volume 65, Number 117)]
[Proposed Rules]
[Page 37712-37723]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn00-13]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 37712]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 72 and 150
[Docket No. PRM-72-2]
RIN 3150-AG33
Interim Storage for Greater Than Class C Waste
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to grant
in part and deny in part a petition for rulemaking submitted by
Portland General Electric Company (PRM-72-2) by amending its
regulations dealing with greater than class C (GTCC) waste. The
proposed amendments would only apply to the interim storage of GTCC
waste generated or used by commercial nuclear power plants. The
proposed amendments would allow licensing for interim storage of GTCC
waste in a manner that is consistent with licensing the interim storage
of spent fuel and would maintain Federal jurisdiction for storage of
reactor-related GTCC waste. These proposed amendments would also
simplify and clarify the licensing process.
DATES: The comment period expires August 30, 2000. Comments received
after this date will be considered if it is practical to do so, but the
Commission is able to assure consideration only for comments received
on or before this date.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. Attention: Rulemakings and
Adjudications Staff.
Deliver comments to 11555 Rockville Pike, Rockville, Maryland,
between 7:30 am and 4:15 pm on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
website (http://ruleforum.llnl.gov). This site provides the capability
to upload comments as files (any format), if your web browser supports
that function. For information about the interactive rulemaking site,
contact Ms. Carol Gallagher, (301) 415-5905 (e-mail c...@nrc.gov).
Certain documents related to this rulemaking, including comments
received, may be examined at the NRC Public Document Room, 2120 L
Street NW (Lower Level), Washington, DC. These same documents also may
be viewed and downloaded electronically via the rulemaking website.
Documents created or received at the NRC after November 1, 1999,
are also available electronically at the NRC's Public Electronic
Reading Room on the Internet at http://www.nrc.gov/NRC/ADAMS/
index.html. From this site, the public can gain entry into the NRC's
Agency wide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. For more
information, contact the NRC Public Document Room (PDR) Reference staff
at 1-800-397-4209, 202-634-3273, or by email to p...@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Mark Haisfield [telephone (301) 415-
6196, e-mail M...@nrc.gov] or Philip Brochman [telephone (301) 415-8592,
e-mail P...@nrc.gov] of the Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
SUPPLEMENTARY INFORMATION:
Background
The Petition for Rulemaking
The Nuclear Regulatory Commission received a petition for
rulemaking dated November 2, 1995, submitted by Portland General
Electric Company. The petition was docketed as PRM-72-2 and published
in the Federal Register, with a 75-day comment period, on February 1,
1996 (61 FR 3619).
The petitioner requested that the NRC amend 10 CFR Part 72 to add
the authority to store radioactive waste that exceeds the concentration
limits of radionuclides established for Class C waste in 10 CFR
61.55.\1\ This material is commonly referred to as ``greater than class
C'' waste or GTCC waste. GTCC waste is generally unsuitable for near-
surface disposal as low-level waste (LLW), even though it is legally
defined as LLW. 10 CFR 61.55(a)(2)(iv) requires that this type of waste
be disposed of in a geologic repository unless approved for an
alternative disposal method on a case-specific basis by the NRC.
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\1\ In 10 CFR Part 61.55, ``Waste Classification,'' the NRC
codifies disposal requirements for three classes of low-level waste
which are considered generally suitable for near-surface disposal.
These are Class A, B, and C. Class C waste is required to meet the
most rigorous disposal requirements.
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The petitioner is an NRC-licensed utility responsible for the
Trojan Nuclear Plant (Trojan). In the petition, the petitioner
anticipated that it would need to dispose of GTCC waste during
decommissioning. The decommissioning plan specifies the transfer of
spent reactor fuel, currently being stored in the spent fuel pool, to
an onsite Independent Spent Fuel Storage Installation (ISFSI) licensed
under 10 CFR Part 72. The petitioner requested that 10 CFR Part 72 be
revised to permit GTCC waste to be stored at the ISFSI pending transfer
to a permanent disposal facility. The petitioner suggested that,
because the need to provide interim storage for GTCC waste is not
specific to Trojan but is generic, the regulations in 10 CFR Part 72
should be amended to explicitly provide for storage of GTCC waste in a
licensed ISFSI.\2\
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\2\ Although the proposal to grant this petition is no longer
needed for Trojan since the GTCC waste was shipped to the Hanford
LLW site within the reactor vessel, the NRC believes that this
rulemaking, if promulgated, will be useful for other reactor
operators that need to store their GTCC waste.
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The petitioner believes that storage of GTCC waste under 10 CFR
Part 72 will ensure safe interim storage. This storage would provide
for public health and safety and environmental protection as required
for spent fuel located at an ISFSI or spent fuel and high-level waste
stored at a Monitored Retrievable Storage Installation (MRS).
The specific changes proposed in the petition would explicitly
include interim storage of GTCC waste within the Purpose, Scope, and
Definitions sections of 10 CFR Part 72 in order to treat GTCC waste in
a manner similar to that for spent nuclear fuel. The revised
definitions would only apply to the interim storage of GTCC waste under
the authority of 10 CFR Part 72.
If this rule is adopted in final form, the petition would be
granted in part and denied in part. This proposed rule would grant the
petitioner's request to authorize GTCC waste storage under a
[[Page 37713]]
10 CFR Part 72 license, but as discussed later, uses a different
approach.
Public Comments on the Petition
The notice of receipt of the petition for rulemaking invited
interested persons to submit written comments concerning the petition.
The NRC received six comment letters. Five comment letters were
received from nuclear facilities and one from the Nuclear Energy
Institute (NEI). NEI provided another letter on this subject directly
to the NRC Chairman on February 2, 1999, and the NRC responded on March
25, 1999. The comments were reviewed and considered in the development
of NRC's decision on this petition. These comments are available in the
NRC Public Document Room.
All six commenters supported the petition. Two of the commenters
(Sacramento Municipal Utility District and Yankee Atomic Electric
Company) are currently decommissioning their reactors.
Draft Rulemaking Plan
As a result of the petition and the comment letters, the NRC
developed a draft rulemaking plan to further consider the development
of a rule that would meet the intent of the petition. In SECY-97-056,
dated March 5, 1997, the NRC staff provided a draft rulemaking plan to
the Commission outlining a rule that would modify 10 CFR Part 72 to
allow storage of material, which when disposed of would be classified
as GTCC waste, under the authority of 10 CFR Part 72 using the
performance criteria of this part. As discussed in this draft
rulemaking plan, currently licensees are authorized to store GTCC waste
under the regulations in 10 CFR Part 30 and/or Part 70. Therefore, the
draft rulemaking plan discussed adding an option to store GTCC waste
under 10 CFR Part 72 while maintaining the existing option to store
this waste using the authority of 10 CFR Parts 30 and 70. This plan was
sent to the Agreement States for their comments on April 18, 1997. Four
States provided comments--Illinois, New York, Texas, and Utah.
The draft rulemaking plan described how an ISFSI or an MRS might be
regulated by both the NRC and an Agreement State (this is discussed in
more detail in the Discussion section). The draft rulemaking plan did
not require that the licensing jurisdiction for GTCC waste remain with
NRC, but did suggest that Agreement States could voluntarily relinquish
their licensing authority for GTCC waste stored at an ISFSI. The draft
rulemaking plan specifically requested Agreement State input relative
to their likelihood of voluntarily relinquishing their authority for
licensing when an ISFSI or an MRS is used for storing GTCC waste.
Three of the four state commenters indicated that they were opposed
to voluntarily relinquishing their authority and preferred to maintain
their licensing authority for GTCC waste. One state supported the
concept. One state commenter questioned that inefficiencies will result
from Agreement State regulation of GTCC waste at a reactor site
concurrent with NRC regulation of spent fuel remaining at the site. The
commenter noted that similar situations already exist when LLW is
stored at the site. Another state commenter noted that there ``* * *
have been many instances where an agreement state and NRC have
effectively collaborated in the regulation of a single facility.''
Another state commenter noted that the NRC recently informed the states
that they could voluntarily relinquish their authority for sealed
sources and devices and it was ``* * *vehemently opposed to any rule
that automatically usurps a state's licensing authority without the
State's consent.''
Discussion
Current NRC regulations are not clear on the acceptability of
storing reactor-related GTCC waste co-located at an ISFSI or an MRS.
Co-location is the storage of spent fuel and other radioactive material
in their respective separate containers. This situation has created
confusion and uncertainty on the part of decommissioning reactor
licensees and may create inefficiency and inconsistency in the way the
NRC handles GTCC waste licensing matters.
Currently, 10 CFR Part 50 licensees (Domestic Licensing of
Production and Utilization Facilities) are authorized to store all
types of reactor-related radioactive materials, including material
that, when disposed of, would be classified as GTCC waste. The GTCC
waste portion is currently being stored either within the reactor
vessel, in the spent fuel pool, or in a radioactive material storage
area, pending development of a suitable permanent disposal facility.
Reactor-related GTCC waste is typically in a solid form (i.e., mostly
activated metals) such as reactor vessel internals, nozzles, and in-
core instrumentation. A small amount of GTCC waste may also be in the
form of a sealed source that was used during the operation of the
reactor. GTCC waste may consist of either byproduct material or special
nuclear material. The authority to license the possession and storage
of GTCC waste is contained within 10 CFR Part 30 for byproduct material
and in 10 CFR Part 70 for special nuclear material. Under 10 CFR 50.52,
the Commission may combine multiple licensing activities of an
applicant that would otherwise be licensed individually in single
licenses. Thus, the 10 CFR Part 50 license authorizing operation of
production and utilization facilities currently includes, within it,
the authorization to possess byproduct and special nuclear material
that would otherwise need to be separately licensed under 10 CFR Parts
30 or 70.
Under current regulations, while a 10 CFR Part 50 license is in
effect, a reactor licensee can store spent fuel generated at the
reactor site under either a general license pusuant to 10 CFR 72.210 or
a specific license pursuant to 10 CFR Part 72. In addition, the reactor
licensee who has a 10 CFR Part 50 license, can store GTCC waste
generated at the reactor site under the 10 CFR Parts 30 and 70
authority included in the 10 CFR Part 50 license.
Under current regulations, when the 10 CFR Part 50 license
terminates, a reactor licensee can continue to store spent fuel
generated at the reactor site under a specific license pursuant to 10
CFR Part 72. However, a general license under 10 CFR 72.210 would
terminate because the 10 CFR Part 50 license has terminated, and the
reactor licensee would need to apply for a specific license under 10
CFR Part 72 in order to continue to store spent fuel at the reactor
site. Furthermore, the 10 CFR Parts 30 and 70 licenses included in the
10 CFR Part 50 licenses are also terminated when the 10 CFR Part 50
license terminates and the reactor licensee can only store GTCC waste
by applying for a specific NRC license under 10 CFR Parts 30 and/or 70,
or an equivalent Agreement State license if the facility is located in
an Agreement State.
Under the proposed regulations, when a 10 CFR Part 50 license is
terminated, the reactor licensee will only apply for an NRC license,
but will have the option to store GTCC waste under either 10 CFR Part
72 or under 10 CFR Parts 30 and 70. This proposed regulation maintains
Federal jurisdiction for GTCC waste under either approach (10 CFR Part
72 or 10 CFR Parts 30 and 70).
The proposed changes in this rulemaking would allow a 10 CFR Part
72 specific licensee to co-locate reactor-related GTCC waste within an
ISFSI or an MRS. Applicants for a specific license would be required to
provide a Safety Analysis Report (SAR) which would describe how the
GTCC waste would be stored. The SAR would
[[Page 37714]]
describe how structures, systems, and components that are important to
safety are properly designed to allow the storage of GTCC waste within
an ISFSI or MRS. There are no separate design criteria for GTCC waste
storage containers. Safe storage of GTCC waste will be governed by the
provisions of 10 CFR Parts 20 and 72. The applicant shall ensure that
the co-location of this radioactive material does not have an adverse
affect on the safe storage of spent fuel and the operation of the
ISFSI. Based on an acceptable review of the SAR, the NRC would issue a
10 CFR Part 72 specific license. Current 10 CFR Part 72 specific
license holders would be required to submit an application to amend
their 10 CFR Part 72 license, if they desire to store GTCC waste at
their ISFSI.
Under existing regulations, storage of GTCC waste at an ISFSI after
termination of the reactor licensee's 10 CFR Part 50 license could lead
to (1) NRC regulating the spent fuel at an ISFSI and (2) Agreement
States regulating GTCC waste at the same location. The NRC has
exclusive regulatory authority over a reactor licensee's storage of all
radioactive material both spent fuel and of GTCC waste during the term
of the 10 CFR Part 50 license. Once the 10 CFR Part 50 license is
terminated an Agreement State would have authority for any GTCC waste
stored by the utility.
The NRC believes that decommissioning activities at commercial
nuclear power plants will generate relatively small volumes of GTCC
waste relative to the amount of spent fuel that exists at these sites.
GTCC waste exceeds the concentration limits of radionuclides
established for Class C in Secs. 61.55(a)(3)(ii), 61.55(a)(4)(iii), or
61.55(a)(5)(ii). GTCC waste is not generally acceptable for near-
surface disposal at licensed low-level radioactive waste disposal
facilities. There currently are no routine disposal options for GTCC
waste. Because GTCC waste is unlikely to be disposed of at a LLW
disposal site regulated under 10 CFR Part 61, the GTCC waste must be
stored in the interim.
In general, reactor-related GTCC wastes can be grouped into two
categories. The first is activated metals, irradiated metal components
from nuclear reactors such as core shrouds, support plates, and core
barrels. The second is process wastes such as filters and resins
resulting from the operation and decommissioning of reactors. In
addition, there may be a small amount of GTCC waste generated from
other activities associated with the reactor's operation (e.g., reactor
start-up sources).
The Low-Level Radioactive Waste Policy Amendments Act of 1985 gave
the Federal Government (U.S. Department of Energy (DOE)) the primary
responsibility for developing a national strategy for disposal of GTCC
waste. The Act also gave the NRC the licensing responsibility for a
disposal facility for GTCC waste. Until a disposal facility is
licensed, there is a need for interim storage of GTCC waste.
In the development of the proposed rule, the NRC has identified a
potential policy issue associated with DOE's responsibility for the
disposal of GTCC waste. Because DOE has not yet identified criteria or
technical regulations for a disposal package for spent fuel or GTCC
waste, the NRC is concerned that the commingling of spent fuel and GTCC
waste (i.e., the two types of waste stored within the same cask) may be
unacceptable for permanent disposal in the geologic repository. In such
a case, the spent fuel and GTCC waste would need to be removed from the
storage container before the spent fuel is placed in the geologic
repository.
The NRC desires to formulate regulations which both reduce
radiological exposure and costs associated with repackaging the spent
fuel and GTCC waste into two separate containers. Therefore,
information from DOE on disposal polices will be helpful in developing
commingling storage criteria for 10 CFR Part 72 (and enable the NRC to
preclude a storage option that would be unacceptable for permanent
disposal). Allowing commingling may be a technically safe and
economical use of spent fuel storage cask space. The NRC staff has
already reviewed and concluded, on a case-by-case basis, that GTCC
waste in certain specific components associated with, and integral to,
spent fuel (e.g., burnable poison rod assemblies, control rod
assemblies, and thimble plugs) can be safely stored in the same cask
with spent fuel. For current and future reviews, the NRC has developed
guidance for the storage of these specific components. The position in
the proposed rule is to preclude commingling of other reactor-related
GTCC waste not integral to the spent fuel assemblies.
The proposed rule also precludes storage of liquid GTCC waste under
10 CFR Part 72. However, there are alternatives for a 10 CFR Part 50
licensee that desires to terminate their license yet still possesses
liquid GTCC waste. These alternatives include the licensee's submission
of an application for a 10 CFR Part 30 or 70 license, with the
appropriate conditions for storage of liquid GTCC waste, or the
licensee's submission of a request for an exemption from the
requirements of 10 CFR Part 72.
However, and as discussed below, the NRC is specifically requesting
additional input from stakeholders, including DOE, to develop a more
effective rulemaking. This includes commingling of GTCC waste and spent
fuel (in an ISFSI) or spent fuel, high-level waste, and GTCC waste (in
an MRS) and storage of potentially hazardous or liquid GTCC wastes.
Request for Public Input on Specific Issues
The Commission is seeking input from stakeholders on various
technical topics associated with the storage of GTCC waste. Submit
responses to these questions as identified in the ADDRESSES section
listed above.
The storage of GTCC waste at an ISFSI or MRS presents safety and
technical issues that differ from those previously addressed by the NRC
for the storage of spent fuel. For example, some forms of GTCC waste
may be susceptible to radiolytic or thermal decomposition.
Consequently, the design of a container for the storage of GTCC waste
would need to consider the generation of gas or other products.
Furthermore, chemical, galvanic, or thermal interactions may occur
between GTCC waste, spent fuel, and the cask internals for GTCC waste
and spent fuel stored in the same cask (i.e, commingled).
Accordingly, the Commission is requesting comments from interested
stakeholders on the following safety, technical or licensing issues.
Guided by these comments, the Commission will consider these issues in
the development of a final rule on the storage of GTCC waste under 10
CFR Part 72. Comments are not limited to the safety and technical
issues listed below. Comments on proposed performance criteria for
storage of GTCC waste are particularly requested. The performance
criteria should ensure that systems, structures, and components (SSCs)
which are important to safety will retain their ability to perform
design functions during GTCC waste normal storage operations,
anticipated occurrences, and accidents.
1. Should the storage of certain forms of GTCC waste and spent fuel
in the same cask be prohibited? Or, should storage be permitted if
performance criteria can be established? If so, what criteria should be
used?
Note: As previously discussed, the NRC has already approved the
storage of certain
[[Page 37715]]
types of GTCC waste and spent fuel in the same cask on a case-by-
case basis. The approved GTCC waste has typically been reactor core
components, (e.g., thimble plugs, burnable poison rod assemblies,
and control rod assemblies). In addition, the Commission is
separately requesting information from DOE regarding DOE's position
on the final disposal of commingled spent fuel and GTCC waste.
2. Should the storage of explosive, pyrophoric, combustible, or
chemically reactive GTCC waste be prohibited in either commingled or
separate GTCC casks? Or should storage be permitted if performance
criteria can be established? If so, what criteria should be used?
3. Should the storage of GTCC that may generate or release gases
via radiolytic or thermal decomposition, including flammable gases, be
prohibited in either commingled or separate GTCC casks? Or should
storage be permitted if performance criteria can be established? If so,
what criteria should be used?
4. Should the storage of solid GTCC waste that may contain free
liquid (e.g., dewatered resin) be prohibited in either commingled or
separate GTCC casks? Or should storage be permitted if performance
criteria can be established? If so, what criteria should be used?
5. Should the storage of liquid GTCC waste be prohibited in either
commingled or separate GTCC casks? Or should storage be permitted if
performance criteria can be established? If so, what criteria should be
used?
6. If reactor licensees, after termination of their 10 CFR Part 50
license, elect to store reactor-related GTCC waste under the provisions
of 10 CFR Parts 30/70, is additional guidance needed to provide a more
efficient licensing process?
Proposed Regulatory Action
The NRC is proposing to modify 10 CFR Parts 72 and 150. The
proposed changes to these parts are necessary to allow the interim
storage of NRC-licensed reactor-related GTCC waste within an ISFSI or
an MRS and to require that the licensing responsibility for this waste
remain under Federal jurisdiction. This proposed action deals only with
GTCC waste used or generated by a commercial power reactor licensed
under 10 CFR Part 50 (i.e., not a research reactor) and does not
include any other sources of GTCC waste nor does it include other forms
of LLW generated under a 10 CFR Part 50 license. Because reactor-
related GTCC waste is initially under Federal jurisdiction while the
reactor facility is operated and the ultimate disposal of GTCC waste is
also under Federal jurisdiction, the NRC believes that the interim
period between termination of a reactor license and ultimate disposal
should also remain under Federal jurisdiction. GTCC waste could become
eligible for disposal in a geologic repository in the future. Spent
fuel can be stored in an ISFSI or a MRS pending ultimate disposal.
Therefore, for efficiency and consistency of licensing, the NRC
believes that 10 CFR Part 72 should be modified to also allow the
storage of GTCC waste within these facilities under NRC's jurisdiction.
The existing regulatory scheme, which would allow for Federal-State-
Federal jurisdiction over the generation, interim storage, and disposal
of GTCC, waste is an inefficient approach. It is inefficient for NRC
and an Agreement State to both spend scarce resources to license and
inspect an ISFSI that stores both spent fuel and GTCC waste.
Additionally, 10 CFR Part 150 would require conforming changes.
This proposed rule would allow storage of reactor-related GTCC
waste under a 10 CFR Part 72 specific license. The proposed changes
would modify 10 CFR Part 72 to allow storage of GTCC waste under this
part using the performance criteria of 10 CFR Part 72 (General Design
Criteria in Subpart F). This would provide a more efficient means of
implementing what is essentially already permitted by the regulations
(storage of GTCC waste co-located at an ISFSI or an MRS). When storing
spent fuel and GTCC waste within an ISFSI or MRS, the licensee or
applicant must provide a description of how storage of the GTCC waste
will not have an adverse effect on the ISFSI or MRS or on public health
and safety and the environment.
The proposed rule would not eliminate the current availability of
storing GTCC waste under the authority of a 10 CFR Part 30 or 70
license. Neither 10 CFR Parts 30 nor 70 include explicit criteria for
storage of GTCC waste. Therefore, a licensing process conducted under
these regulations would be more complicated and resource intensive
because the licensee would need to develop new proposed storage
criteria and the NRC would then need to review and approve these
criteria within the licensing process. If this approach is followed,
the NRC is proposing that Federal jurisdiction would be retained over
the reactor-related GTCC waste stored under 10 CFR Parts 30 and 70.
Comparing these two approaches, the NRC recognizes that the
licensing process will be simpler with less regulatory burden if all
the radioactive waste to be stored at an ISFSI or MRS is stored under
the authority of one 10 CFR Part 72 license. 10 CFR Part 72 was
developed specifically for storage of spent fuel at an ISFSI and spent
fuel and high-level waste at an MRS. The general storage criteria of 10
CFR Part 72 will be applied to GTCC waste storage. Under 10 CFR Parts
30 and 70, GTCC waste storage criteria would need to be developed on a
case-by-case basis to support licensing under these parts. Also, using
10 CFR Part 72 to store reactor-related GTCC waste would eliminate the
need for multiple licenses for the storage of spent fuel and GTCC
waste.
Moreover, the NRC is still evaluating technical issues arising from
the commingling of spent fuel and reactor-related GTCC waste in the
same storage container and issues arising from the storage of reactor-
related liquid GTCC waste, under a 10 CFR Part 72 specific license.
Therefore, this proposed rule would permit the co-locating of spent
fuel and solid reactor-related GTCC waste in different casks and
containers within an ISFSI or MRS. However, the proposed rule is not
structured to permit the commingling of spent fuel and GTCC waste in
the same storage cask, except for specific components associated with,
and integral to, the spent fuel. Additionally, this proposed rule is
not structured to permit the storage of liquid reactor-related GTCC
waste. However, a licensee or applicant may submit an exemption request
pursuant to Sec. 72.7 for approval for commingling of spent fuel and
solid reactor-related GTCC waste in the same storage cask, or storing
liquid reactor-related GTCC waste. The NRC will review and approve
these types of requests on a case-by-case basis. As stated above, the
NRC is still evaluating these technical issues and as noted earlier is
asking for additional input during the public comment period for use in
the development of the final rule.
Without this change, after termination of the 10 CFR Part 50
license, a licensee would need multiple licenses--10 CFR Part 72 for
spent fuel and 10 CFR Part 30 or 70 (or both) for GTCC waste. Having
one license for the ISFSI (or MRS) under 10 CFR Part 72 will be simpler
for both licensees and the NRC, relative to approval and management.
The NRC believes that the concept proposed in the petition of
storing GTCC waste under the provisions of 10 CFR Part 72 is valid.
However, the NRC also believes that the method proposed by the
petitioner, that is modifying the definition of spent fuel to include
GTCC waste, could lead to confusion. Modifying the definition of spent
fuel would only apply to spent fuel as
[[Page 37716]]
defined under 10 CFR Part 72 and would not be technically accurate.
Therefore, the NRC is proposing to add a definition of GTCC waste
within Sec. 72.3 that would be consistent with 10 CFR 61.55. The NRC
has evaluated 10 CFR Part 72 to determine which sections need to be
modified to accommodate storage of solid GTCC waste co-located with
spent fuel within an ISFSI or an MRS. The majority of the changes to 10
CFR Part 72 would simply add the term ``GTCC waste'' to the appropriate
sections and paragraphs (typically immediately after the terms ``spent
fuel'' or ``high-level waste''). Section 72.120 would be revised to
require that GTCC waste be in a solid form. The NRC anticipates issuing
guidance on the storage of GTCC waste under 10 CFR Part 72 in
conjunction with issuance of the final rule.
10 CFR Part 150 would be modified to be consistent with the changes
proposed for 10 CFR Part 72. The proposed change to 10 CFR Part 150
(Exemptions and Continued Regulatory Authority in Agreement States and
in Offshore Waters Under Section 274) would specify that any GTCC waste
stored in an ISFSI or an MRS is under NRC jurisdiction. This Part would
also be modified to indicate that licensing the storage of any GTCC
waste that originates in, or is used by, a facility licensed under 10
CFR Part 50 (a production utilization facility) is the responsibility
of the NRC.
The NRC will continue to recover costs for generic activities
related to the storage of GTCC waste under 10 CFR Part 72 through 10
CFR Part 171 annual fees assessed to the spent fuel storage/reactor
decommissioning class of licensees. Subsequent to issuing the final
revision to 10 CFR Part 72, 10 CFR Part 170 will be amended to clarify
that full costs fees will be assessed for amendments and inspections
related to the storage of GTCC waste under 10 CFR Part 72.
NRC To Maintain Authority for Reactor-Related GTCC Waste
Section 274(c)1 of the Atomic Energy Act of 1954, as amended,
provides that no agreement entered into by the NRC with a State ``shall
provide for discontinuance of any authority and the Commission shall
retain authority and responsibility with respect to regulation of--(1)
the construction and operation of any production or utilization
facility or any uranium enrichment facility.'' The NRC has incorporated
this statutory prohibition into its regulations in 10 CFR 150.15(a) and
(a)(1) which states that:
(a) Persons in Agreement States are not exempt from the
Commission's licensing and regulatory requirements with respect to
the following activities:
(1) The construction and operation of any production or
utilization facility. As used in this subparagraph, operation of a
facility includes, but is not limited to
(i) the storage and handling of radioactive wastes at the
facility site by the person licensed to operate the facility, and
(ii) the discharge of radioactive effluents from the facility
site.
Specifically, with regard to the storage of reactor-related GTCC
waste, the NRC proposes continued Federal authority over the GTCC waste
after termination of the 10 CFR Part 50 license. Thus, under the option
of obtaining 10 CFR Part 30 and/or 70 licenses, the GTCC waste would
remain under Federal authority. If the option of obtaining a specific
license under 10 CFR Part 72 is chosen, the GTCC waste would also
remain under Federal authority. This licensing authority would be
irrespective of the physical location of the storage facility (either
on or off the originating reactor site).
However, this proposed rule is not intended to change other current
responsibilities for Class A, B, and C reactor-related LLW after
termination of the 10 CFR Part 50 license. In addition, under 10 CFR
72.128(b), any LLW generated by the ISFSI (or an MRS) must be treated
and stored onsite awaiting transfer to a disposal site. The licensing
authority for treatment and storage of ISFSI or MRS generated LLW would
be under 10 CFR Part 72, and therefore, reserved to the NRC.
From a practical matter, the NRC believes that because, under
section 3(b)(1)(D) of the Low-Level Radioactive Waste Policy Amendments
Act of 1985, the NRC must license the facility selected by DOE for
disposal of GTCC waste, and because the NRC has jurisdiction over GTCC
waste while the 10 CFR Part 50 facility is operated, it makes little
sense for Agreement States to assume regulatory authority and
responsibility over reactor-related GTCC waste that is surrounded on
all sides by Federal regulatory authority and responsibility.
Specific Changes in Regulatory Text
The following section is provided to assist the reader in
understanding the specific changes made to each section or paragraph in
10 CFR Parts 72 and 150. For clarity of content in reading a section,
much of that particular section may be repeated, although only a minor
change would be made. Using this section should allow the reader to
effectively review the specific changes without reviewing existing
material that has been included for content, but has not been
significantly changed.
The title to 10 CFR Part 72 would be revised to include GTCC waste.
The following sections or paragraphs would be revised to specify
the inclusion of GTCC waste, for clarity, or for completeness:
Secs. 72.1, 72.2(a) and (c), 72.6(a) and (c), 72.8, 72.16(d),
72.22(e)(3), 72.24 introductory text and (i), 72.28(d), 72.30(a),
72.40(b), 72.44(b)(4), (c)(3)(i), (c)(5), (d) and (g)(2), 72.52(b)(2),
(c), and (e), 72.54(c)(1), 72.60(c), 72.72(a), (b), and (d), 72.75(b),
(c), (d)(1)(iv), and (d)(2)(ii)(L), 72.76(a), 72.78(a), 72.80(g),
72.82(a) and (b), 72.106(b), 72.108 title and text, 72.122(b)(2),
(h)(2), (h)(5), (i), and (l), 72.128 title and (a), and 72.140(c)(2).
Section 72.3: The definition for GTCC waste would be added to 10
CFR Part 72 and the definitions of Design capacity, Independent spent
fuel storage installation or ISFSI, Monitored Retrievable Storage
Installation or MRS, Spent fuel storage cask or cask, and Structures,
systems, and components important to safety, would be revised to
specify the inclusion of GTCC waste.
Paragraph 72.24(r): This new paragraph would specify compatibility
and suitability of storage of reactor-related GTCC waste at an ISFSI or
MRS. This requirement would ensure that the co-location of this
radioactive material does not have an adverse affect on the safe
storage of spent fuel and the operation of the facility.
Section 72.120: This section has been modified to provide some
general considerations for the storage of GTCC waste within an ISFSI or
MRS.
Paragraph 150.15(a)(7)(i) and (ii): This essentially repeats the
existing paragraphs, but would be revised for consistency with the new
Sec. 150.15(a)(7)(iii).
Paragraph 150.15(a)(7)(iii): This new paragraph would specify that
the storage of reactor-related GTCC waste within an ISFSI or an MRS
licensed pursuant to 10 CFR Part 50 and/or Part 72 is exempt from
Agreement State authority.
Paragraph 150.15(a)(8): This new paragraph would specify that the
storage of reactor-related GTCC waste licensed under 10 CFR Part 30
and/or Part 70 is exempt from Agreement State authority.
In the NRC's proposed rule, ``Clarification and Addition of
Flexibility to Part 72'' (64 FR 59677; November 3, 1999), additional
changes are being proposed to 10 CFR Part 72. Some of the sections
being revised by the ``Clarification'' rulemaking may also be changed
to specify the inclusion of GTCC waste depending upon how this rule is
finalized. The changes proposed in this rulemaking are based upon the
[[Page 37717]]
current 10 CFR Part 72 text. The final GTCC rulemaking will incorporate
necessary conforming changes based on the final ``Clarification''
rulemaking.
Compatibility of Agreement State Regulations
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), 10 CFR Part 72 and Sec. 150.15 continue to be classified as
compatibility Category ``NRC.'' The NRC program elements in this
category are those that relate directly to areas of regulation reserved
to the NRC by the Atomic Energy Act of 1954, as amended, or provisions
of Title 10 of the Code of Federal Regulations.
The Commission is particularly interested in the position of the
Agreement States on issues raised in this proposed rule. Specifically,
the Commission would like Agreement State comment on the following
questions:
1. What is the position of the Agreement States on NRC assuming
jurisdiction of storage of GTCC waste generated during the operation of
a 10 CFR Part 50 license after termination of the 10 CFR Part 50
license?
2. What controls and regulatory framework would the Agreement
States envision assuming they have jurisdiction over GTCC waste
generated during the operation under a 10 CFR Part 50 license after
termination of the 10 CFR Part 50 license? How would the Agreement
States plan to ensure consistency with a national regulatory scheme?
3. The NRC staff is not aware of any current Agreement State
license for the storage of reactor-related GTCC waste. Are there any
such licenses within your State or are you aware of any such Agreement
State licenses?
Plain Language
The Presidential Memorandum dated June 1, 1998, entitled, ``Plain
Language in Government Writing,'' directed that the Federal
government's writing be in plain language. This memorandum was
published June 10, 1998 (63 FR 31883). In complying with this
directive, editorial changes have been made in the proposed revision to
improve the organization and readability of the existing language of
paragraphs being revised. These types of changes are not discussed
further in this document. The NRC requests comments on the proposed
rule specifically with respect to the clarity and effectiveness of the
language used. Comments should be sent to the address listed under the
ADDRESSES heading.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995, Pub.
L. 104-113, requires that agencies use technical standards that are
developed or adopted by voluntary consensus standard bodies unless the
use of such a standard is inconsistent with applicable law or otherwise
impractical. In this proposed rule, the NRC is presenting amendments to
its regulations that would allow the licensing of interim storage of
GTCC waste. This action does not constitute the establishment of a
standard that establishes generally-applicable requirements and the use
of a voluntary consensus standard is not applicable.
Finding of No Significant Environmental Impact: Availability
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
Subpart A of 10 CFR Part 51, that this rule, if adopted, would not be a
major Federal action significantly affecting the quality of the human
environment, and therefore, an environmental impact statement is not
required. The proposed rule would provide reactor licensees an
additional option of storing GTCC waste under a 10 CFR Part 72 license
using spent fuel storage criteria of that part. Storage of GTCC waste
at an ISFSI or an MRS would be in a passive mode with no human
intervention needed for safe storage. The draft Environmental
Assessment determined that there is no significant environmental impact
as a result of the proposed changes.
The NRC has sent a copy of the draft environmental assessment and
this proposed rule to every State Liaison Officer and every Agreement
State and requested their comments on the environmental assessment. The
draft environmental assessment and finding of no significant impact on
which this determination is based are available for inspection at the
NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington,
DC. Single copies of the environmental assessment and the finding of no
significant impact are available from Mark Haisfield, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6196.
Paperwork Reduction Act Statement
This proposed rule amends information collection requirements that
are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). This rule has been submitted to the Office of Management and
Budget for review and approval of the information collection
requirements.
The public reporting burden for this information collection is
estimated to average 120 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
information collection. The U.S. Nuclear Regulatory Commission is
seeking public comment on the potential impact of the information
collections contained in the proposed rule and on the following issues:
1. Is the proposed information collection necessary for the proper
performance of the functions of the NRC, including whether the
information will have practical utility?
2. Is the estimate of burden 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?
Send comments on any aspect of this proposed information
collection, including suggestions for reducing the burden, to the
Records Management Branch (T-6 E6), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, or by Internet electronic mail at
BJ...@NRC.GOV; and to the Desk Officer, Office of Information and
Regulatory Affairs, NEOB-10202, (3150-0132), Office of Management and
Budget, Washington, DC 20503.
Comments to OMB on the information collections or on the above
issues should be submitted by July 17, 2000. Comments received after
this date will be considered if it is practical to do so, but assurance
of consideration cannot be given to comments received after this date.
Public Protection Notification
If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, the information
collection.
Regulatory Analysis
The Commission has prepared a draft regulatory analysis on this
proposed regulation. The analysis examines the costs and benefits of
the alternatives considered by the Commission. The draft analysis is
available for inspection
[[Page 37718]]
in the NRC Public Document Room, 2120 L Street NW. (Lower Level),
Washington, DC. Single copies of the draft analysis may be obtained
from Mark Haisfield, Office of Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone (301) 415-6196.
The Commission requests public comment on the draft regulatory
analysis. Comments on the draft analysis may be submitted to the NRC as
indicated under the ADDRESSES heading.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule, if adopted, will not
have a significant economic impact upon a substantial number of small
entities. The proposed amendments would apply to reactor licensees,
ISFSI licensees, certificate holders, applicants for a Certificate of
Compliance, and DOE. The majority, if not all, of these licensees would
not qualify as small entities under the NRC's size standards (10 CFR
2.810).
Any small entity subject to this regulation which determines that,
because of its size, it is likely to bear a disproportionate adverse
economic impact should notify the Commission of this in a comment that
indicates the following:
(a) The licensee's size and how the proposed regulation would
result in a significant economic burden upon the licensee as compared
to the economic burden on a larger licensee.
(b) How the proposed regulations could be modified to take into
account the licensee's differing needs or capabilities.
(c) The benefits that would accrue, or the detriments that would be
avoided, if the proposed regulations were modified as suggested by the
licensee.
(d) How the proposed regulation, as modified, would more closely
equalize the impact of regulations or create more equal access to the
benefits of Federal programs as opposed to providing special advantages
to any individual or group.
(e) How the proposed regulation, as modified, would still
adequately protect public health and safety.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109 and
72.62, do not apply to this proposed rule, and therefore, a backfit
analysis is not required because these amendments do not involve any
provisions that would impose backfits as defined in 10 CFR 50.109(a)(1)
or 72.62(a). This proposed rule would not require licensees to use 10
CFR Part 72 to store GTCC waste. It provides a practical option with
criteria that licensees may use. It does not preclude, or change, use
of 10 CFR Parts 30 and 70 as a licensing mechanism to store GTCC waste.
The NRC anticipates that storage of GTCC waste licensed under 10 CFR
Part 72 can simplify the licensing process, for both licensees and the
NRC, with no significant impact to public health and safety or the
environment.
List of Subjects
10 CFR Part 72
Criminal penalties, Manpower training programs, Nuclear materials,
Occupational safety and health, Reporting and recordkeeping
requirements, Security measures, Spent fuel.
10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear materials, Reporting and
recordkeeping requirements, Security measures, Source material, Special
nuclear material.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to
adopt the following amendments to 10 CFR Parts 72 and 150.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
1. The heading of Part 72 is revised to read as presented above:
2. The authority citation for Part 72 continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat.
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
Pub. L. 95-601, sec. 10, 92 Stat. 295 as amended by Pub. L. 102-486,
sec 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190,
83 Stat. (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub.
L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-
203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155,
10157, 10161, 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c), (d). Section 72.46 also issued under sec. 189, 68 Stat.
935 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 100-203; 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101,
10137(a), 10161(h). Subparts K and L are also issued under sec. 133,
96 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42
U.S.C. 10198).
3. Section 72.1 is revised to read as follows:
Sec. 72.1 Purpose.
The regulations in this part establish requirements, procedures,
and criteria for the issuance of licenses to receive, transfer, and
possess power reactor spent fuel, power reactor-related greater than
class C (GTCC) waste, and other radioactive materials associated with
spent fuel storage in an independent spent fuel storage installation
(ISFSI) and the terms and conditions under which the Commission will
issue these licenses. The regulations in this part also establish
requirements, procedures, and criteria for the issuance of licenses to
the Department of Energy (DOE) to receive, transfer, package, and
possess power reactor spent fuel, high-level radioactive waste, power
reactor-related GTCC waste, and other radioactive materials associated
with the storage of these materials in a monitored retrievable storage
installation (MRS). The term Monitored Retrievable Storage Installation
or MRS, as defined Sec. 72.3, is derived from the NWPA and includes any
installation that meets this definition. The regulations in this part
also establish requirements, procedures, and criteria for the issuance
of Certificates of Compliance approving spent fuel storage cask
designs.
4. Section 72.2 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 72.2 Scope.
(a) Except as provided in Sec. 72.6(b), licenses issued under this
part are limited to the receipt, transfer, packaging, and possession
of:
(1) Power reactor spent fuel and power reactor-related GTCC waste
to be stored in a complex that is designed and constructed specifically
for storage of power reactor spent fuel aged for at least one year,
reactor-related GTCC waste in a solid form, and other radioactive
materials associated with spent fuel storage in an independent spent
fuel storage installation (ISFSI); or
[[Page 37719]]
(2) Power reactor spent fuel and power reactor-related GTCC waste
to be stored in a monitored retrievable storage installation (MRS)
owned by DOE that is designed and constructed specifically for the
storage of spent fuel aged for at least one year, high-level
radioactive waste that is in a solid form, reactor-related GTCC waste
that is in a solid form, and other radioactive materials associated
with storage of these materials.
* * * * *
(c) The requirements of this regulation are applicable, as
appropriate, to both wet and dry modes of storage of--
(1) Spent fuel and solid reactor-related GTCC waste in an
independent spent fuel storage installation (ISFSI); and
(2) Spent fuel, solid high-level radioactive waste, and solid
reactor-related GTCC waste in a monitored retrievable storage
installation (MRS).
* * * * *
5. Section 72.3 is amended by adding a definition, in its proper
alphabetic order, of the term Greater than class C waste, and revising
the definitions of Design capacity, Independent spent fuel storage
installation or ISFSI, Monitored Retrievable Storage Installation or
MRS, Spent fuel storage cask or cask, and Structures, systems, and
components important to safety, to read as follows:
Sec. 72.3 Definitions.
* * * * *
Design capacity means the quantity of spent fuel, high-level
radioactive waste, or reactor-related GTCC waste, the maximum burn up
of the spent fuel in MWD/MTU, the terabequerel (curie) content of the
waste, and the total heat generation in Watts (btu/hour) that the
storage installation is designed to accommodate.
* * * * *
Greater than class C waste or GTCC waste means low-level
radioactive waste that exceeds the concentration limits of
radionuclides established for Class C waste in Sec. 61.55 of this
chapter.
* * * * *
Independent spent fuel storage installation or ISFSI means a
complex designed and constructed for the interim storage of spent
nuclear fuel, solid reactor-related GTCC waste, and other radioactive
materials associated with spent fuel and reactor-related GTCC waste
storage. An ISFSI which is located on the site of another facility
licensed under this part or a facility licensed under Part 50 of this
chapter and which shares common utilities and services with that
facility or is physically connected with that other facility may still
be considered independent.
* * * * *
Monitored Retrievable Storage Installation or MRS means a complex
designed, constructed, and operated by DOE for the receipt, transfer,
handling, packaging, possession, safeguarding, and storage of spent
nuclear fuel aged for at least one year, solidified high-level
radioactive waste resulting from civilian nuclear activities, and solid
reactor-related GTCC waste, pending shipment to a HLW repository or
other disposal.
* * * * *
Spent fuel storage cask or cask means all the components and
systems associated with the container in which spent fuel, other
radioactive materials associated with spent fuel, or reactor-related
GTCC waste are stored in an ISFSI.
* * * * *
Structures, systems, and components important to safety means those
features of the ISFSI, MRS, and spent fuel storage cask whose functions
are--
(1) To maintain the conditions required to store spent fuel, high-
level radioactive waste, or reactor-related GTCC waste safely;
(2) To prevent damage to the spent fuel, the high-level radioactive
waste, or reactor-related GTCC waste container during handling and
storage; or
(3) To provide reasonable assurance that spent fuel, high-level
radioactive waste, or reactor-related GTCC waste can be received,
handled, packaged, stored, and retrieved without undue risk to the
health and safety of the public.
* * * * *
6. Section 72.6 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 72.6 License required; types of licenses.
(a) Licenses for the receipt, handling, storage, and transfer of
spent fuel, high-level radioactive waste, or reactor-related GTCC waste
are of two types: general and specific. Any general license provided in
this part is effective without the filing of an application with the
Commission or the issuance of a licensing document to a particular
person. A specific license is issued to a named person upon application
filed under the regulations in this part.
* * * * *
(c) Except as authorized in a specific license and in a general
license under subpart K of this part issued by the Commission in
accordance with the regulations in this part, no person may acquire,
receive, or possess--
(1) Spent fuel or reactor-related GTCC waste for the purpose of
storage in an ISFSI; or
(2) Spent fuel, high-level radioactive waste, radioactive material
associated with high-level radioactive waste, or reactor-related GTCC
waste for the purpose of storage in an MRS.
7. Section 72.8 is revised to read as follows:
Sec. 72.8 Denial of licensing by Agreement States.
Agreement States may not issue licenses covering the storage of
spent fuel and reactor-related GTCC waste in an ISFSI or the storage of
spent fuel, high-level radioactive waste, and reactor-related GTCC
waste in an MRS.
8. Section 72.16 is amended by revising paragraph (d) to read as
follows:
Sec. 72.16 Filing of application for specific license.
* * * * *
(d) Fees. The application, amendment, and renewal fees applicable
to a license covering an ISFSI are those shown in Sec. 170.31 of this
chapter.
* * * * *
9. Section 72.22 is amended by revising paragraph (e)(3) to read as
follows:
Sec. 72.22 Contents of application: General and financial information.
* * * * *
(e) * * *
(3) Estimated decommissioning costs, and the necessary financial
arrangements to provide reasonable assurance before licensing, that
decommissioning will be carried out after the removal of spent fuel,
high-level radioactive waste, and/or reactor-related GTCC waste from
storage.
10. Section 72.24 is amended by revising the introductory paragraph
and paragraph (i) and adding a new paragraph (r) to read as follows:
Sec. 72.24 Contents of application: Technical information.
Each application for a license under this part must include a
Safety Analysis Report describing the proposed ISFSI or MRS for the
receipt, handling, packaging, and storage of spent fuel, high-level
radioactive waste, and/or reactor-related GTCC waste as appropriate,
including how the ISFSI or MRS will be operated. The minimum
information to be included in this report must consist of the
following:
* * * * *
(i) If the proposed ISFSI or MRS incorporates structures, systems,
or