80 FR 63843 - Fuel Retrievability
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 203 (October 21, 2015)
Federal Register Volume 80, Issue 203 (October 21, 2015)
| Page Range | 63843-63845 | |
| FR Document | 2015-26743 |
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)] [Notices] [Pages 63843-63845] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26743] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2015-0241] Fuel Retrievability AGENCY: Nuclear Regulatory Commission. ACTION: Draft interim staff guidance; request for comment. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting public comment on its draft SFM-Interim Staff Guidance (ISG)--2, Revision 2, ``Fuel Retrievability.'' This revision to the guidance was developed to improve regulatory clarity due to uncertain duration of spent fuel storage in an independent spent fuel storage installation (ISFSI). The revision would provide improved guidance to the staff on the process to determine whether spent fuel storage systems are designed to allow ready retrieval of spent fuel. DATES: Submit comments by November 20, 2015. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0241. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Emma Wong, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7091, email: Emma.Wong@nrc.gov and Haile Lindsay, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0616, email: Haile.Lindsay@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2015-0241 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0241. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that a document is referenced. Draft ISG-2, Revision 2, is available in ADAMS under Accession No. ML15239A695. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC-2015-0241 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. [[Page 63844]] If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Background Section 141(b)(1)(C) of the Nuclear Waste Policy Act (NWPA) of 1982, as amended, requires that each monitored retrievable storage (MRS) facility be designed ``to provide for the ready retrieval of such spent fuel and waste for further processing or disposal.'' The NRC codified this portion of the NWPA in its 1988 final rulemaking, ``Licensing Requirements for the Independent Spent Fuel Storage of Spent Nuclear Fuel and High-Level Radioactive Waste'' (53 FR 31651; August 19, 1988). The NRC inserted, ``Storage systems must be designed to allow ready retrieval of spent fuel or high-level radioactive waste for further processing or disposal,'' in section 72.122(l) of title 10 of the Code of Federal Regulations (10 CFR) and added MRS facilities to the scope of 10 CFR part 72. This requirement currently applies to all ISFSI and MRS licensees. The NRC's current position on how a licensee may satisfy the requirement for ``ready retrieval'' under section 72.122(l) is delineated in draft ISG No. 2, Revision 1 (ADAMS Accession No. ML100550861). In essence, draft ISG-2, Rev. 1 provides guidance to the NRC staff that a licensee may demonstrate ready retrieval through a two-part approach: 1) Ability to remove the individual spent fuel assemblies or canned assemblies by normal means (i.e., crane and grapple); and 2) ability to move a canister or cask containing spent fuel from the storage location. As the duration of spent fuel storage at an ISFSI or MRS facility increases, the practical impact of the application of the first part of ready retrieval--the ability of the fuel assembly to be removed from the canister or cask by normal means--has led the staff to take a closer look at retrievability. To ensure that the application of the first part of ``ready retrieval'' is met as the duration of fuel storage increases, periodic monitoring or inspection may be needed to verify the condition of the fuel and the internal components of the dry storage system, and could identify the need for possible remediation of the fuel and the internal components of the dry storage system. Because of the difficulties in accessing the fuel and the interior components, inspection, monitoring, and potential remediation may involve opening the confinement boundary of the system in order to verify the condition of the fuel and internal components. However, opening the dry storage system would expose workers to additional dose and, particularly for welded canisters, degrade or eliminate the confinement boundary. Consistent with the NRC's ongoing work reviewing the regulatory framework for spent fuel storage and transportation (see COMSECY-10- 0007, ADAMS Accession No. ML101390216), the NRC staff began exploring alternatives to the guidance on the application of ready retrieval. The staff's review has centered around whether to eliminate the first part of the guidance on ready retrieval--the ability to remove individual fuel assemblies from a canister or cask by normal means--but maintaining the second part--the ability of the canister or cask to be safely removed from the storage location. By eliminating the first part of the guidance, the dry cask storage system (i.e., dual-purpose cask or canister containing the spent fuel) would still be retrieved safely and be readied for transportation consistent with the law and regulations. This way, the spent fuel dry storage confinement continues to be maintained without the potential negative impacts associated with unnecessarily removing the individual fuel assemblies. In an effort to engage stakeholders in this discussion, NRC staff held two public meetings on July 27, 2011, and August 16, 2012, to obtain stakeholder feedback on these topics. Additionally, in January 2013, the NRC issued a Federal Register notice (78 FR 3853) requesting public comment on several topics, including retrievability and cladding integrity. The NRC received comments on the Federal Register notice that can be found under ADAMS Accession number ML15110A370. The staff work in this area was deferred due to higher priority work such as license renewal regulatory framework and high burn up fuel related activities. Therefore, the NRC staff held a public meeting on July 29, 2015, to provide an update on the staff's work on this issue. The meeting summary was issued on August 5, 2015 (ADAMS Accession No. ML15216A272). The NRC staff has also considered how dry storage of spent nuclear fuel is implemented in other countries, and international guidance for spent fuel storage. The NRC staff has participated in several multilateral working groups related to extended spent fuel storage. The NRC staff reviewed the International Atomic Energy Agency's Specific Safety Guide No. SSG-15, ``Storage of Spent Nuclear Fuel.'' This guide is consistent with the NRC's current position of retrievability and will remain consistent with planned changes. Additionally, the NRC staff is aware that the spent fuel storage systems in Germany undergo periodic inspections at 10-year intervals, which are focused on the accessible cask components and confinement boundary (seals). The aging management program required by 10 CFR part 72 for renewal also provides for periodic inspections in the United States. III. Proposed Action By this action, the NRC is requesting public comments on draft ISG 2, Revision 2. This ISG proposes certain revisions to NRC guidance on implementation of the requirements in 10 CFR part 72. The NRC staff will make a final determination regarding issuance of the revised ISG after it considers any public comments received in response to this request. IV. Backfitting and Issue Finality This draft ISG, if finalized, would provide guidance to the NRC staff for reviewing an application for an ISFSI license with respect to compliance with the retrievability requirement of 10 CFR 72.122(l). Issuance of this draft ISG, if finalized, would not constitute backfitting as defined in the backfitting provisions in 10 CFR 72.62 which are applicable to ISFSIs. Issuance of the draft ISG, if finalized, would also not constitute backfitting under 10 CFR 50.109, or otherwise be inconsistent with the issue finality provisions in 10 CFR part 52 for generally licensed ISFSIs. The staff's position is based upon the following considerations. 1. The draft ISG positions, if finalized, do not constitute backfitting, inasmuch as the ISG is internal guidance to the NRC staff. The ISG provides interim guidance to the staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either ISFSI or nuclear power plant applicants or licensees are protected under the backfitting provisions in 10 CFR parts 50 or 72, or the issue finality provisions of part 52. 2. Backfitting and issue finality do not--with limited exceptions not [[Page 63845]] applicable here--protect current or future applicants. Applicants and potential applicants are not, with certain exceptions, protected by the backfitting provisions in 10 CFR 72.62 or 10 CFR 50.109, or any issue finality provisions under part 52. This is because neither the backfitting provisions nor the issue finality provisions under part 52--with certain exclusions discussed below--were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a part 52 license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. However, the matters covered in this ISG are not subject matters or issues for which issue finality protection is provided. 3. The NRC has no intention to impose the ISG on existing ISFSI or nuclear power plant licenses either now or in the future (absent a voluntary request for change from the licensee). The NRC staff does not intend to impose or apply the positions described in the ISG to existing (already issued) licenses (e.g., ISFSI licenses, operating licenses and combined licenses) absent a voluntary request for a change from the licensee. Hence, the ISG need not be evaluated as if it were a backfit. Dated at Rockville, Maryland, this 14th day of October, 2015. For the Nuclear Regulatory Commission. Mark Lombard, Director, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2015-26743 Filed 10-20-15; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63843
that relate solely to the internal Dated: October 14, 2015. Regulatory Commission, Washington,
personnel rules and practices of the Peter Wen, DC 20555–0001; telephone: 301–415–
ACRS, and information the release of Acting Chief, Technical Support Branch, 7091, email: Emma.Wong@nrc.gov and
which would constitute a clearly Advisory Committee on Reactor Safeguards. Haile Lindsay, Office of Nuclear
unwarranted invasion of personal [FR Doc. 2015–26739 Filed 10–20–15; 8:45 am] Material Safety and Safeguards, U.S.
privacy. BILLING CODE 7590–01–P Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
The agenda for the subject meeting
301–415–0616, email:
shall be as follows: Haile.Lindsay@nrc.gov.
NUCLEAR REGULATORY
Wednesday, November 4, 2015—12:00 COMMISSION
SUPPLEMENTARY INFORMATION:
p.m. Until 1:00 p.m. [NRC–2015–0241]
I. Obtaining Information and
The Subcommittee will discuss Fuel Retrievability Submitting Comments
proposed ACRS activities and related
AGENCY: Nuclear Regulatory A. Obtaining Information
matters. The Subcommittee will gather
information, analyze relevant issues and Commission. Please refer to Docket ID NRC–2015–
facts, and formulate proposed positions ACTION: Draft interim staff guidance; 0241 when contacting the NRC about
and actions, as appropriate, for request for comment. the availability of information for this
deliberation by the Full Committee. action. You may obtain publicly-
SUMMARY: The U.S. Nuclear Regulatory available information related to this
Members of the public desiring to Commission (NRC) is requesting public action by any of the following methods:
provide oral statements and/or written comment on its draft SFM-Interim Staff • Federal Rulemaking Web site: Go to
comments should notify the Designated Guidance (ISG)—2, Revision 2, ‘‘Fuel http://www.regulations.gov and search
Federal Official (DFO), Quynh Nguyen Retrievability.’’ This revision to the for Docket ID NRC–2015–0241.
(Telephone 301–415–5844 or Email: guidance was developed to improve • NRC’s Agencywide Documents
Quynh.Nguyen@nrc.gov) five days prior regulatory clarity due to uncertain Access and Management System
to the meeting, if possible, so that duration of spent fuel storage in an (ADAMS): You may obtain publicly-
arrangements can be made. Thirty-five independent spent fuel storage available documents online in the
hard copies of each presentation or installation (ISFSI). The revision would ADAMS Public Documents collection at
handout should be provided to the DFO provide improved guidance to the staff http://www.nrc.gov/reading-rm/
thirty minutes before the meeting. In on the process to determine whether adams.html. To begin the search, select
addition, one electronic copy of each spent fuel storage systems are designed ‘‘ADAMS Public Documents’’ and then
presentation should be emailed to the to allow ready retrieval of spent fuel. select ‘‘Begin Web-based ADAMS
DFO one day before the meeting. If an DATES: Submit comments by November Search.’’ For problems with ADAMS,
electronic copy cannot be provided 20, 2015. Comments received after this please contact the NRC’s Public
within this timeframe, presenters date will be considered if it is practical Document Room (PDR) reference staff at
should provide the DFO with a CD to do so, but the Commission is able to 1–800–397–4209, 301–415–4737, or by
containing each presentation at least ensure consideration only for comments email to pdr.resource@nrc.gov. The
thirty minutes before the meeting. received before this date. ADAMS accession number for each
Electronic recordings will be permitted ADDRESSES: You may submit comments document referenced (if it is available in
only during those portions of the by any of the following methods (unless ADAMS) is provided the first time that
meeting that are open to the public. this document describes a different a document is referenced. Draft ISG–2,
Detailed procedures for the conduct of method for submitting comments on a Revision 2, is available in ADAMS
and participation in ACRS meetings specific subject): under Accession No. ML15239A695.
were published in the Federal Register • Federal Rulemaking Web site: Go to • NRC’s PDR: You may examine and
on October 1, 2014 (79 FR 59307). http://www.regulations.gov and search purchase copies of public documents at
for Docket ID NRC–2015–0241. Address the NRC’s PDR, Room O1–F21, One
Information regarding changes to the questions about NRC dockets to Carol White Flint North, 11555 Rockville
agenda, whether the meeting has been Gallagher; telephone: 301–415–3463; Pike, Rockville, Maryland 20852.
canceled or rescheduled, and the time email: Carol.Gallagher@nrc.gov. For
allotted to present oral statements can technical questions, contact the B. Submitting Comments
be obtained by contacting the identified individuals listed in the FOR FURTHER Please include Docket ID NRC–2015–
DFO. Moreover, in view of the INFORMATION CONTACT section of this 0241 in the subject line of your
possibility that the schedule for ACRS document. comment submission, in order to ensure
meetings may be adjusted by the • Mail comments to: Cindy Bladey, that the NRC is able to make your
Chairman as necessary to facilitate the Office of Administration, Mail Stop: comment submission available to the
conduct of the meeting, persons OWFN–12–H08, U.S. Nuclear public in this docket.
planning to attend should check with Regulatory Commission, Washington, The NRC cautions you not to include
the DFO if such rescheduling would DC 20555–0001. identifying or contact information that
result in a major inconvenience. For additional direction on obtaining you do not want to be publicly
information and submitting comments, disclosed in your comment submission.
If attending this meeting, please enter see ‘‘Obtaining Information and
tkelley on DSK3SPTVN1PROD with NOTICES
through the One White Flint North The NRC posts all comment
Submitting Comments’’ in the submissions at http://
building, 11555 Rockville Pike, SUPPLEMENTARY INFORMATION section of www.regulations.gov as well as entering
Rockville, MD. After registering with this document. the comment submissions into ADAMS.
security, please contact Mr. Theron FOR FURTHER INFORMATION CONTACT: The NRC does not routinely edit
Brown (240–888–9835) to be escorted to Emma Wong, Office of Nuclear Material comment submissions to remove
the meeting room. Safety and Safeguards, U.S. Nuclear identifying or contact information.
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![Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63845
applicable here—protect current or features for a paleoliquefaction research features are geologic features such as
future applicants. project at two sites located in sand blows and sand dikes formed
Applicants and potential applicants northeastern Arkansas. The NRC has during earthquakes as a result of ground
are not, with certain exceptions, concluded that a Finding of No shaking and water pressure developed
protected by the backfitting provisions Significant Impact (FONSI) is in the ground during shaking. The
in 10 CFR 72.62 or 10 CFR 50.109, or appropriate. results from this research will be used
any issue finality provisions under part DATES: October 21, 2015. to update models implemented in
52. This is because neither the probabilistic seismic hazard analyses to
ADDRESSES: Please refer to Docket ID
backfitting provisions nor the issue characterize ground motion at new
NRC–2012–0271 when contacting the
finality provisions under part 52—with nuclear power plant sites in accordance
NRC about the availability of
certain exclusions discussed below— with the NRC’s regulation in section
information regarding this document.
were intended to apply to every NRC 100.23(d)(1) of title 10 of the Code of
You may obtain publicly-available
action which substantially changes the Federal Regulations (10 CFR). The
information related to this document
expectations of current and future results of this research may also
using any of the following methods:
applicants. The exceptions to the implemented to re-evaluate seismic
• Federal Rulemaking Web site: Go to
general principle are applicable hazards at existing nuclear power plant
http://www.regulations.gov and search
whenever an applicant references a part sites.
for Docket ID NRC–2012–0271. Address The NRC has prepared an EA to
52 license (e.g., an early site permit) questions about NRC dockets to Carol
and/or NRC regulatory approval (e.g., a evaluate the potential environmental
Gallagher; telephone: 301–415–3463; impacts that may arise as a result of this
design certification rule) with specified email: Carol.Gallagher@nrc.gov. For
issue finality provisions. However, the research project in accordance with the
technical questions, contact the requirements of 10 CFR part 51, the
matters covered in this ISG are not individual listed in the FOR FURTHER
subject matters or issues for which issue NRC’s regulations that implement
INFORMATION CONTACT section of this
finality protection is provided. Section 102(2) of the National
document. Environmental Policy Act of 1969, as
3. The NRC has no intention to • NRC’s Agencywide Documents
impose the ISG on existing ISFSI or amended. Based on the EA, and in
Access and Management System accordance with 10 CFR 51.31(a), the
nuclear power plant licenses either now (ADAMS): You may obtain publicly-
or in the future (absent a voluntary NRC has concluded that a FONSI is
available documents online in the appropriate. The excavation of the
request for change from the licensee). ADAMS Public Documents collection at
The NRC staff does not intend to trenches at the two sites in northeastern
http://www.nrc.gov/reading-rm/ Arkansas will commence following
impose or apply the positions described adams.html. To begin the search, select
in the ISG to existing (already issued) publication of this Notice.
‘‘ADAMS Public Documents’’ and then
licenses (e.g., ISFSI licenses, operating select ‘‘Begin Web-based ADAMS II. EA Summary
licenses and combined licenses) absent Search.’’ For problems with ADAMS, The NRC has prepared the EA to
a voluntary request for a change from please contact the NRC’s Public evaluate the potential environmental
the licensee. Hence, the ISG need not be Document Room (PDR) reference staff at impacts of the excavation of the
evaluated as if it were a backfit. 1–800–397–4209, 301–415–4737, or by trenches at two sites in northeastern
Dated at Rockville, Maryland, this 14th day email to pdr.resource@nrc.gov. The Arkansas, described in the EA as the
of October, 2015. ADAMS accession number for each Garner and Stiles sites. In accordance
For the Nuclear Regulatory Commission. document referenced (if it available in with Section 7 of the Endangered
Mark Lombard, ADAMS) is provided the first time that Species Act of 1973, as amended (16
Director, Division of Spent Fuel Management, a document is referenced. The EA and U.S.C. 1531 et seq.), the NRC staff
Office of Nuclear Material Safety and the associated FONSI are publicly requested informal consultation with
Safeguards. available in ADAMS under Accession the United States Fish and Wildlife
[FR Doc. 2015–26743 Filed 10–20–15; 8:45 am] No. ML15287A224. Service. No concerns were identified for
BILLING CODE 7590–01–P
• NRC’s PDR: You may examine and Federally-listed species or designated
purchase copies of public documents at critical habitat. This project is
the NRC’s PDR, Room O1–F21, One temporary, minimally invasive, and will
NUCLEAR REGULATORY White Flint North, 11555 Rockville occur outside the critical nesting times
COMMISSION Pike, Rockville, Maryland 20852. for migratory birds.
FOR FURTHER INFORMATION CONTACT: The NRC determined that the
[NRC–2012–0271] proposed excavation of the trenches will
Thomas Weaver, Office of Nuclear
Regulatory Research, U.S. Nuclear result in no adverse effects to any
Geologic Trench Excavation for
Regulatory Commission, Washington, historic or cultural resources that may
Paleoliquefaction Study at Garner and
DC 20555–0001; telephone: 301–415– be located at the Garner or Stiles sites.
Stiles Sites
2383; email: Thomas.Weaver@nrc.gov. The NRC’s evaluation of archeologic
AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION: artifacts discovered at the Garner site
Commission. concludes that the site is ineligible for
I. Introduction the National Register of Historic Places
ACTION: Environmental assessment and
finding of no significant impact; The NRC is performing a (NHRP). The Arkansas State Historic
issuance. paleoliquefaction research project to Preservation Officer stated in a
tkelley on DSK3SPTVN1PROD with NOTICES
characterize past earthquakes in the September 3, 2014, letter to the NRC
SUMMARY: The U.S. Nuclear Regulatory Central and Eastern United States. that NHRP eligibility for the Garner site
Commission (NRC) has prepared an Geologic observations of is undetermined and noted that the
Environmental Assessment (EA) to paleoliquefaction, defined as historic or proposed excavation of the trenches is
evaluate the potential environmental pre-historic liquefaction, in excavated similar to NRHP significance testing. If
impacts that may arise as a result of trenches are planned at two sites in significant archeological material data is
excavating trenches to observe geologic northeastern Arkansas. Liquefaction uncovered at the Garner site, the NRC
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Document Created: 2018-02-27 08:54:04
Document Modified: 2018-02-27 08:54:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Draft interim staff guidance; request for comment. | |
| Dates | Submit comments by November 20, 2015. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. | |
| Contact | Emma Wong, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7091, email: [email protected] and Haile Lindsay, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0616, email: [email protected] | |
| FR Citation | 80 FR 63843 |
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