81 FR 36963 - Fuel Retrievability in Spent Fuel Storage Applications
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 110 (June 8, 2016)
Federal Register Volume 81, Issue 110 (June 8, 2016)
| Page Range | 36963-36964 | |
| FR Document | 2016-13569 |
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)] [Notices] [Pages 36963-36964] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13569] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2015-0241] Fuel Retrievability in Spent Fuel Storage Applications AGENCY: Nuclear Regulatory Commission. ACTION: Interim staff guidance; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG)-2, Revision 2, ``Fuel Retrievability in Spent Fuel Storage Applications.'' This revision to the guidance was developed to improve regulatory clarity due to uncertain duration of spent fuel storage in an independent spent fuel storage installation (ISFSI). The revision is to provide improved guidance to the staff on the practical implementation of determining whether storage systems are designed to allow ready retrieval of spent fuel. DATES: This guidance is effective on June 8, 2016. ADDRESSES: Please refer to Docket ID NRC-2015-0241 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Web site: Go to 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: [email protected]. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at 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 [email protected]. The final ISG-2, Revision 2, and responses to public comments are available electronically in ADAMS under Accession Nos. ML16117A080 and ML16117A082, respectively. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Emma Wong, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7091, email: [email protected] and Haile Lindsay, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-0616, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Background The NRC staff has developed ISG-2, Revision 2, ``Fuel Retrievability in Spent Fuel Storage Applications,'' to clarify section 72.122(l) of title 10 of the Code of Federal Regulations (10 CFR), Retrievability. By the use of options to meet ready retrieval, this guidance focuses on safety and design bases to allow maximum flexibility to meet retrievability for the longer storage duration. With the increased flexibility in the guidance to meet retrievability, evaluations of the internal components of the cask or canister may no longer be necessary for maintaining the ability to [[Page 36964]] remove the individual fuel assemblies by the use of normal means (e.g., degradation of the internal components such as radiation damage to internal components, depletion of the neutron absorbing material, Boral blistering, fuel degradation, and basket degradation) for the retrievability safety function. However, if these components' intended functions are relied upon for safety, these components would need to be evaluated for those safety functions which may include retrieval of the individual fuel assemblies safely. II. Public Comments The NRC issued draft ISG-2, Revision 2 (ADAMS Accession No. ML15239A683) in the Federal Register on October 21, 2015 (80 FR 63843), for a 30-day public comment period and received comments from the following sources: ------------------------------------------------------------------------ Document ADAMS Accession No. ------------------------------------------------------------------------ Kristopher Cummings (Nuclear Energy ML15337A082 Institute (NEI)) dated November 16, 2015. Robert Einziger, dated November 13, 2015 ML15324A253 Donna Gilmore (San Onofre Safety), dated ML15337A007 November 20, 2015. Patricia Borchmann, dated November 20, ML15337A010 2015. Marv Lewis, dated November 21, 2015, and ML15337A009 November 26, 2015. ML15337A012 Diane D'Arrigo (Nuclear Information and ML15337A011 Resource Service (NIRS)), dated November 20, 2015. Connecticut Yankee Atomic Power Company, ML15337A083 dated November 17, 2015. Yankee Atomic Electric Company, dated ML15337A083 November 17, 2015. Maine Yankee Atomic Power Company, dated ML15337A083 November 17, 2015. Richard Morgal, dated November 20, 2015. ML15337A084 ML15337A008 ------------------------------------------------------------------------ The NRC considered these comments in developing the final ISG. Detailed responses to the comments can be found in ML16117A082. The final ISG-2, Revision 2 is approved for NRC staff and stakeholder use and will be incorporated into the NRC's next standard review plan guidance revision. III. Congressional Review Act This ISG is a rule as defined in the Congressional Review Act (Sec. 5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. IV. Backfitting and Issue Finality This ISG provides guidance to the NRC staff for reviewing an application for an ISFSI license with respect to compliance with the retrievability requirement of 10 CFR 72.122(l). Issuance of the ISG does not constitute backfitting as defined in sections 72.62 and 50.59. Issuance of this ISG is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52 for generally licensed ISFSIs. The staff's position is based upon the following considerations. 1. The ISG does not constitute backfitting, inasmuch as the ISG is internal guidance to the NRC staff. The ISG provides interim guidance to the staff on how to review an application for NRC's regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either ISFSI or nuclear power plant applicants or licensees are protected under the backfitting provisions in 10 CFR parts 50 or 72, or the issue finality provisions of 10 CFR part 52. 2. Backfitting and issue finality do not--with limited exceptions not applicable here--protect current or future applicants. Applicants and potential applicants are not, with certain exceptions, protected by the backfitting provisions in sections 72.62 or 50.109, or any issue finality provisions under 10 CFR part 52. This is because neither the backfitting provisions nor the issue finality provisions under 10 CFR part 52--with certain exclusions discussed below--were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. However, the matters covered in this ISG are not subject matters or issues for which issue finality protection is provided. 3. The NRC staff has no intention to impose the ISG on existing ISFSI or nuclear power plant licensees either now or in the future (absent a voluntary request for change from the licensee). The NRC does not intend to impose or apply the positions described in this ISG to existing (already issued) licenses (e.g., ISFSI licenses, operating licenses and combined licenses) absent a voluntary request for a change from the licensee. Hence, the ISG need not be evaluated as if it were a backfit. Dated at Rockville, Maryland, this 2nd day of June, 2016. For the Nuclear Regulatory Commission. Bo Pham, Acting Deputy Director, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2016-13569 Filed 6-7-16; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices 36963
information technology; and (d) ways to 4. Presentations on Future NRC about the availability of
minimize the burden of the collection of Improvements and Emerging information regarding this document.
information on those who are to Technologies You may obtain publicly-available
respond, including through the use of 5. Questions from the Technical Panel information related to this document
appropriate automated, electronic, and Member Sumwalt using any of the following methods:
mechanical, or other technological 6. Roundtable discussion with panelists • Federal Rulemaking Web site: Go to
collection techniques or other forms of and other industry stakeholders http://www.regulations.gov and search
information technology. moderated by Member Sumwalt for Docket ID NRC–2015–0241. Address
Unless otherwise noted, the forum questions about NRC dockets to Carol
Dated: June 2, 2016.
will be held in the NTSB Board Room Gallagher; telephone: 301–415–3463;
Suzanne H. Plimpton, and Conference Center, located at 429 email: Carol.Gallagher@nrc.gov. For
Reports Clearance Officer, National Science L’Enfant Plaza SW., Washington, DC. technical questions, contact the
Foundation. The public can view the forum in individuals listed in the FOR FURTHER
[FR Doc. 2016–13449 Filed 6–7–16; 8:45 am] person or via live webcast at http:// INFORMATION CONTACT section of this
BILLING CODE 7555–01–P ntsb.capitolconnection.org/. Webcast document.
archives are generally available by the • NRC’s Agencywide Documents
end of the day after the forum, and Access and Management System
webcasts are archived for 3 months after (ADAMS): You may obtain publicly
NATIONAL TRANSPORTATION the date of the event. available documents online in the
SAFETY BOARD Individuals requiring reasonable ADAMS Public Documents collection at
accommodation and/or wheelchair http://www.nrc.gov/reading-rm/
Forum access directions should contact adams.html. To begin the search, select
On Tuesday and Wednesday, June 21 Rochelle McCallister at (202) 314–6305 ‘‘ADAMS Public Documents’’ and then
and 22, 2016, the National or by email at Rochelle.McCallister@ select ‘‘Begin Web-based ADAMS
Transportation Safety Board (NTSB) ntsb.gov by Tuesday, June 14, 2016. Search.’’ For problems with ADAMS,
will convene a forum titled PIREPs: Pay Schedule updates, including weather- please contact the NRC’s Public
it Forward . . . Because Weather for related cancellations, are also available Document Room (PDR) reference staff at
One, is Weather for None. The forum at www.ntsb.gov. 1–800–397–4209, 301–415–4737, or by
will begin at 9:00 a.m. each day and is NTSB Media Contact: Peter email to pdr.resource@nrc.gov. The final
open to all. Attendance is free, and no Knudson—Peter.Knudson@ntsb.gov. ISG–2, Revision 2, and responses to
NTSB Forum Manager: Brian Soper— public comments are available
registration is required. NTSB Board
Brian.Soper@ntsb.gov. electronically in ADAMS under
Member Robert L. Sumwalt will serve as
the presiding officer of the forum. Candi R. Bing, Accession Nos. ML16117A080 and
Invited panelists will include Federal Register Liaison Officer. ML16117A082, respectively.
representatives from the Federal [FR Doc. 2016–13509 Filed 6–7–16; 8:45 am] • NRC’s PDR: You may examine and
Aviation Administration, National BILLING CODE P
purchase copies of public documents at
Weather Service, airlines, researchers, the NRC’s PDR, Room O1–F21, One
and industry and advocacy groups. White Flint North, 11555 Rockville
Below is the preliminary agenda. Pike, Rockville, Maryland 20852.
NUCLEAR REGULATORY
FOR FURTHER INFORMATION CONTACT:
Tuesday, June 21, 2016 (9:00 a.m. to COMMISSION
Emma Wong, Office of Nuclear Material
5:00 p.m.) [NRC–2015–0241] Safety and Safeguards, telephone: 301–
1. Opening Statement by Member 415–7091, email: Emma.Wong@nrc.gov
Sumwalt Fuel Retrievability in Spent Fuel and Haile Lindsay, Office of Nuclear
2. Staff Presentation on PIREP and Storage Applications Material Safety and Safeguards,
Weather Dissemination AGENCY: Nuclear Regulatory telephone: 301–415–0616, email:
3. Presentations on Use and Commission. Haile.Linsday@nrc.gov. Both are staff of
Significance of PIREPs to Weather ACTION: Interim staff guidance; issuance. the U.S. Nuclear Regulatory
Services, Air Traffic Controllers, Commission, Washington, DC 20555–
Pilots, and Researchers SUMMARY: The U.S. Nuclear Regulatory 0001.
4. Questions from the Technical Panel Commission (NRC) is issuing Interim SUPPLEMENTARY INFORMATION:
and Member Sumwalt Staff Guidance (ISG)-2, Revision 2,
5. Presentations on PIREP Submission, ‘‘Fuel Retrievability in Spent Fuel I. Background
Solicitation, and Dissemination Storage Applications.’’ This revision to The NRC staff has developed ISG–2,
6. Questions from the Technical Panel the guidance was developed to improve Revision 2, ‘‘Fuel Retrievability in Spent
and Member Sumwalt regulatory clarity due to uncertain Fuel Storage Applications,’’ to clarify
7. Roundtable discussion with panelists duration of spent fuel storage in an section 72.122(l) of title 10 of the Code
and other industry stakeholders independent spent fuel storage of Federal Regulations (10 CFR),
moderated by Member Sumwalt installation (ISFSI). The revision is to Retrievability. By the use of options to
provide improved guidance to the staff meet ready retrieval, this guidance
Wednesday, June 22, 2016 (9:00 a.m. to on the practical implementation of focuses on safety and design bases to
mstockstill on DSK3G9T082PROD with NOTICES
5:00 p.m.) determining whether storage systems allow maximum flexibility to meet
1. Opening Statement by Member are designed to allow ready retrieval of retrievability for the longer storage
Sumwalt spent fuel. duration. With the increased flexibility
2. Presentations on Training, Education, DATES: This guidance is effective on in the guidance to meet retrievability,
and Operations June 8, 2016. evaluations of the internal components
3. Questions from the Technical Panel ADDRESSES: Please refer to Docket ID of the cask or canister may no longer be
and Member Sumwalt NRC–2015–0241 when contacting the necessary for maintaining the ability to
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![36964 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
remove the individual fuel assemblies However, if these components’ intended II. Public Comments
by the use of normal means (e.g., functions are relied upon for safety, The NRC issued draft ISG–2, Revision
degradation of the internal components these components would need to be 2 (ADAMS Accession No.
such as radiation damage to internal evaluated for those safety functions ML15239A683) in the Federal Register
components, depletion of the neutron which may include retrieval of the on October 21, 2015 (80 FR 63843), for
absorbing material, Boral blistering, fuel individual fuel assemblies safely. a 30-day public comment period and
degradation, and basket degradation) for received comments from the following
the retrievability safety function. sources:
ADAMS
Document Accession No.
Kristopher Cummings (Nuclear Energy Institute (NEI)) dated November 16, 2015 ........................................................................ ML15337A082
Robert Einziger, dated November 13, 2015 ..................................................................................................................................... ML15324A253
Donna Gilmore (San Onofre Safety), dated November 20, 2015 .................................................................................................... ML15337A007
Patricia Borchmann, dated November 20, 2015 .............................................................................................................................. ML15337A010
Marv Lewis, dated November 21, 2015, and November 26, 2015 .................................................................................................. ML15337A009
ML15337A012
Diane D’Arrigo (Nuclear Information and Resource Service (NIRS)), dated November 20, 2015 .................................................. ML15337A011
Connecticut Yankee Atomic Power Company, dated November 17, 2015 ..................................................................................... ML15337A083
Yankee Atomic Electric Company, dated November 17, 2015 ........................................................................................................ ML15337A083
Maine Yankee Atomic Power Company, dated November 17, 2015 .............................................................................................. ML15337A083
Richard Morgal, dated November 20, 2015 ..................................................................................................................................... ML15337A084
ML15337A008
The NRC considered these comments 50 or 72, or the issue finality provisions Dated at Rockville, Maryland, this 2nd day
in developing the final ISG. Detailed of 10 CFR part 52. of June, 2016.
responses to the comments can be found 2. Backfitting and issue finality do For the Nuclear Regulatory Commission.
in ML16117A082. not—with limited exceptions not Bo Pham,
The final ISG–2, Revision 2 is applicable here—protect current or Acting Deputy Director, Division of Spent Fuel
approved for NRC staff and stakeholder future applicants. Management, Office of Nuclear Material
use and will be incorporated into the Safety and Safeguards.
NRC’s next standard review plan Applicants and potential applicants [FR Doc. 2016–13569 Filed 6–7–16; 8:45 am]
guidance revision. are not, with certain exceptions,
BILLING CODE 7590–01–P
protected by the backfitting provisions
III. Congressional Review Act in sections 72.62 or 50.109, or any issue
This ISG is a rule as defined in the finality provisions under 10 CFR part NUCLEAR REGULATORY
Congressional Review Act (§ 5 U.S.C. 52. This is because neither the COMMISSION
801–808). However, the Office of backfitting provisions nor the issue
Management and Budget has not found finality provisions under 10 CFR part Advisory Committee on the Medical
it to be a major rule as defined in the 52—with certain exclusions discussed Uses of Isotopes: Meeting Notice
Congressional Review Act. below—were intended to apply to every
NRC action which substantially changes AGENCY: U.S. Nuclear Regulatory
IV. Backfitting and Issue Finality Commission.
the expectations of current and future
This ISG provides guidance to the applicants. The exceptions to the ACTION: Notice of meeting.
NRC staff for reviewing an application general principle are applicable
for an ISFSI license with respect to whenever an applicant references a 10 SUMMARY: The U.S. Nuclear Regulatory
compliance with the retrievability CFR part 52 license (e.g., an early site Commission will convene a
requirement of 10 CFR 72.122(l). permit) and/or NRC regulatory approval teleconference meeting of the Advisory
Issuance of the ISG does not constitute (e.g., a design certification rule) with Committee on the Medical Uses of
backfitting as defined in sections 72.62 specified issue finality provisions. Isotopes (ACMUI) on June 24, 2016, to
and 50.59. Issuance of this ISG is not However, the matters covered in this discuss the draft report of the ACMUI
otherwise inconsistent with the issue ISG are not subject matters or issues for Radioactive Seed Localization (RSL)
finality provisions in 10 CFR part 52 for which issue finality protection is Subcommittee and discuss potential
generally licensed ISFSIs. The staff’s provided. rulemaking to expand the financial
position is based upon the following assurance requirements for some
3. The NRC staff has no intention to radioactive byproduct material. The RSL
considerations.
1. The ISG does not constitute impose the ISG on existing ISFSI or report will include the subcommittee’s
backfitting, inasmuch as the ISG is nuclear power plant licensees either comments on the draft RSL licensing
internal guidance to the NRC staff. now or in the future (absent a voluntary guidance. For the second topic, NRC
The ISG provides interim guidance to request for change from the licensee). staff will summarize the results of a
the staff on how to review an The NRC does not intend to impose recently completed scoping study to
mstockstill on DSK3G9T082PROD with NOTICES
application for NRC’s regulatory or apply the positions described in this determine whether financial planning
approval in the form of licensing. ISG to existing (already issued) licenses requirements for decommissioning and
Changes in internal staff guidance are (e.g., ISFSI licenses, operating licenses end-of-life management for some
not matters for which either ISFSI or and combined licenses) absent a radioactive byproduct material, are
nuclear power plant applicants or voluntary request for a change from the necessary. NRC staff believes that the
licensees are protected under the licensee. Hence, the ISG need not be financial assurance requirements in
backfitting provisions in 10 CFR parts evaluated as if it were a backfit. Title 10 of the Code of Federal
VerDate Sep<11>2014 17:30 Jun 07, 2016 Jkt 238001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1](https://thefederalregister.org/doc/81_FR_37073/page/2.svg)
Document Created: 2016-06-08 03:10:33
Document Modified: 2016-06-08 03:10:33
| 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 | Interim staff guidance; issuance. | |
| Dates | This guidance is effective on June 8, 2016. | |
| Contact | Emma Wong, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7091, email: [email protected] and Haile Lindsay, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-0616, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 81 FR 36963 |
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