[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30694]
[[Page Unknown]]
[Federal Register: December 14, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR PART 72
RIN 3150-AE37
Notification of Events
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to revise licensee reporting requirements regarding the
notification of events related to radiation safety at Independent Spent
Fuel Storage Installations (ISFSIs) and a Monitored Retrievable Storage
Installation (MRS). This action will ensure that significant
occurrences at these licensed facilities are promptly reported to NRC
so that the Commission can evaluate whether the licensee has taken
appropriate actions to protect the public health and safety and whether
prompt NRC action is necessary to address generic safety concerns.
EFFECTIVE DATE: January 13, 1995.
FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington,
DC, 20555. Telephone (301) 415-6103.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 1991, (56 FR 40757), the NRC amended its regulations
in Title 10, Code of Federal Regulations (10 CFR), parts 20, 30, 40,
and 70 to better describe those events that must be reported to the NRC
because they pose a potential hazard to public health and safety or the
environment and should be evaluated by NRC to determine whether further
NRC action is necessary. These new reporting requirements covered the
following areas: Inability to control licensed material, unplanned
contamination events, failure of safety equipment, personal injury
events, and fires and explosions.
Public comments received when the amendments were proposed
suggested that part 72 also be amended to require notification of
events at an ISFSI or MRS. The NRC responded that it would consider the
suggestion and initiate rulemaking to amend part 72, if appropriate. In
considering the suggestion, the NRC took account of the fact that,
except for criticality, part 72 itself contains no generally applicable
reporting requirements for the types of events covered by the recent
amendments to parts 30, 40, and 70. Furthermore, to date among the
seven existing part 72 specific license ISFSIs, the reporting
requirements have been imposed by license condition on a case-by-case
basis and are not consistent. Therefore, the NRC decided that it is
desirable to proceed with amending part 72.
On September 14, 1993 (58 FR 48004), the NRC published the notice
of proposed rulemaking that would add new reporting requirements to
part 72. The proposed reporting requirements in Sec. 72.75 were similar
to the reporting requirements in the amendments to parts 30, 40, and
70, but with some changes appropriate to ISFSIs and the MRS. These
changes dealt with defects in storage systems, unplanned medical
treatments involving radioactive contamination, and fires and
explosions. The public comment period expired November 29, 1993.
Public Comments on the Proposed Rule
The NRC received letters from seven commenters: one letter from an
organization that represents the nuclear power industry, one from a
private citizen, two from States, and three from electric utilities.
All of the commenters supported the goal of establishing uniform
reporting requirements; however, most commenters identified specific
provisions that they believed should be revised. Some commenters
supported the proposed requirements because they are generally
consistent with existing part 50 requirements. The following is a
summary of the comments and NRC's responses.
The 4-hour threshold for immediate reporting
Some commenters stated that the 4-hour threshold for immediate
reports was too long. They were concerned that events described in the
proposed rule may require actions by local authorities to protect
persons offsite. Therefore, the commenters believed that immediate
reports should be made within minutes, not hours.
The NRC agrees that emergencies should be reported immediately.
Even though already addressed in Sec. 72.32, Sec. 72.75 has been
clarified to explicitly specify that all emergencies, as classified by
the licensee's emergency plan or by license condition, must be reported
to the NRC Operations Center after notification to State and local
authorities. Additionally, this notification must be made within one
hour of the emergency declaration by the licensee. The remaining
reporting requirements in Sec. 72.75 are for events which are
significant, but not emergencies; therefore, reporting to the NRC
within one hour is not necessary. The NRC believes that for these non-
emergency type events a 4-hour reporting period is appropriate.
Immediate notification of off-site agencies
In one commenter's view, appropriate off-site agencies should be
notified immediately, i.e., within 15 minutes, of any classifiable
accident, and that timely notification is essential to ensure that
emergency response actions, when required, are not unduly or
unnecessarily delayed.
Section 72.75 has been clarified to specify that emergency events
be promptly reported to off-site agencies as specified in the
licensee's emergency plan. The NRC agrees that, in the event of an
emergency, NRC and State and local agencies should be notified in less
time than 1 hour. In particular, if an event is significant enough to
be an emergency, then part 72 emergency planning requirements would
govern, including notification of the NRC Operations Center and off-
site State and Federal agencies as soon as practical and, in any event,
in less than 1 hour.
In addition to achieving more consistency in reporting events among
ISFSI licensees, two objectives of this rulemaking remain the same as
those already achieved by the earlier notification of events rulemaking
for parts 30, 40, and 70, that is, to assure that all significant
events are reported, and that the NRC and the industry have knowledge
of and feedback from operating experience (56 FR 40757; August 16,
1991, general comment No. 3).
Thirty-day time limit for written reports
One commenter stated that the 30-day time limit for written
followup reports was too long. The commenter stated that the public has
a right to know of events as soon as possible and that written reports
should be submitted within one week so they can be placed in the public
document room.
The NRC notes that the telephone notifications made to the
Operations Center are formalized and distributed to the public document
room and the NRC's computer bulletin board within approximately one
working day. However, for a written followup investigation, the 30-day
time limit is standard. For these types of events, the licensee may
need to take measurements, collect samples, decontaminate and clean up,
assemble the facts, and write the report. Also, a 30-day period has
been found to be adequate for similar requirements in parts 20, 30, 40,
50, and 70. Therefore, the 30-day time limit is a balance of the
public's need to know as soon as possible and the licensee's need to
have an adequate amount of time to complete the previously described
tasks in order to provide a meaningful report.
Changing the words ``a medical facility'' to ``an offsite medical
facility''
One commenter recommended changing the words, ``a medical
facility'' to ``an offsite medical facility'' in Sec. 72.75(a)(5). With
this change Sec. 72.75(a)(5) would read: ``An event that requires
unplanned medical treatment at an offsite medical facility of an
individual with radioactive contamination on the individual's clothing
or body which could cause further contamination.'' The commenter
suggested that this word change would make Sec. 72.75(a)(5) consistent
with Sec. 50.72(b)(2)(v).
The NRC agrees with the commenter and the change has been made in
the final rule. The word ``offsite'' was not used in the earlier
reporting requirements that were added to parts 30, 40, and 70 because
some of these licensees are hospitals. It is clear that a hospital
would not be a part 72 specific license ISFSI.
Mechanism for notification of off-site authorities
One commenter asked whether there is a mechanism in place to ensure
that off-site authorities will be notified in a timely manner.
Yes. If the event is an emergency, the licensee emergency plans are
such a mechanism. If the event is not an emergency, this rule provides
a mechanism to ensure timely notification.
Revising Sec. 72.216 to include Sec. 72.74 events
One commenter suggested that if 10 CFR 72.216 is to be revised to
require compliance with the new reporting requirements of Sec. 72.75,
it would be logical to also revise it to include 10 CFR 72.74
concerning criticality reporting requirements.
The NRC agrees with the comment and the final rule has been revised
such that Sec. 72.216 now requires reporting of those events described
in Sec. 72.74.
Reporting events under Sec. 50.72 instead of Sec. 72.75
One commenter suggested that general licensees located at a reactor
site with a part 50 operating license should be required to report
events in accordance with Sec. 50.72, instead of the new Sec. 72.75.
According to the commenter, this change would promote uniformity in
reporting requirements without creating an additional burden on general
licensees.
The NRC disagrees. Such general licensees under part 72 are already
required to comply with Sec. 50.72, which covers predominantly reactor
related events and conditions but not spent fuel and high-level waste
(HLW). Thus, it is necessary for general licensees to comply with
Sec. 72.75, which only covers events and conditions related to spent
fuel and HLW.
Uniformity of requirements of 10 CFR 72.75 and 10 CFR 50.72
One commenter expressed the concern that the requirements of
Sec. 72.75 and Sec. 50.72 are not uniform. The commenter pointed out
that the proposed rule in Secs. 72.75(a)(1) and (a)(4) requires
reporting within 4 hours, whereas similar requirements in
Secs. 50.72(b)(1)(i)(B), and (b)(1)(vi) require reporting of the same
events within 1 hour.
Reporting of similar events or conditions are covered in both
Sec. 50.72 and Sec. 72.75, but the potential consequences are not the
same. For example, events and conditions covered by Sec. 50.72 (b)(1)
relate to nuclear power plants whereas events and conditions covered by
Sec. 72.75 relate to spent fuel or HLW. The consequences of certain
events at nuclear power reactors have the potential to be somewhat more
significant than the consequences of similar events involving spent
fuel or HLW at ISFSIs. Therefore, the reporting time has been linked to
the potential consequences of the event and uniformity is not
necessary. It should be noted, however, that the immediate notification
requirements for emergency event reporting have not been changed. This
has been clarified in Sec. 72.75.
Reporting safety equipment failures
Some commenters requested that the proposed reporting requirement
in Sec. 72.75(b)(2) for safety equipment failures be revised to be
consistent with the language in Sec. 50.72(b)(2)(iii). The commenters
stated that the proposed reporting requirement seemed significantly
more restrictive than Sec. 50.72.
The NRC disagrees. The requirements in Sec. 50.72(b)(2)(iii) apply
to events or conditions of the nuclear power plant and require
reporting within four hours whereas Sec. 72.75 (b)(2) applies to events
or conditions of the spent fuel or HLW and requires reporting within 24
hours.
Having considered all comments received and other input, the NRC
has determined that the following final rule should be promulgated.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in the categorical exclusion of 10 CFR 51.22(c)(3)(iii).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this regulation.
Paperwork Reduction Act Statement
This final rule amends information collection requirements that are
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). These requirements were approved by the Office of Management and
Budget, approval number 3150-0132.
The public reporting burden for this collection of information is
estimated to average 8 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing the burden, to the Information and Records
Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission,
Washington, DC, 20555; and to the Desk Officer, Office of Information
and Regulatory Affairs, NEOB-10202 (3150-0132), Office of Management
and Budget, Washington, DC 20503.
Regulatory Analysis
The Commission has prepared a regulatory analysis for this final
rule. The analysis examines the costs and benefits of the alternatives
considered by the Commission. The Commission requested public comments
on the draft regulatory analysis, but no comments were received. No
changes to the draft regulatory analysis were therefore considered to
be necessary. As a result, the draft regulatory analysis is adopted as
the final regulatory analysis without change. The regulatory analysis
is available for inspection in the NRC Public Document Room, 2120 L
Street NW. (Lower Level), Washington, DC.
Regulatory Flexibility Certification
The NRC has prepared an analysis of the impact of this final rule
on small entities. The analysis indicates that the final rule is
expected to have no significant economic impact on part 72 licensees,
because the estimated cost to industry of reporting postulated events
would be in the range of $0 - 2112 annually. Moreover, none of the
current part 72 licensees are considered small entities. In any case,
no report would be required of licensees unless there is an incident
involving spent fuel or HLW that meets the criteria specified in these
amendments. Hence, the impact on part 72 licensees should be minimal.
The analysis is available for inspection in the NRC Public Document
Room, 2120 L Street NW (Lower Level), Washington, DC.
Backfit Analysis
The NRC has determined that the backfit rule 10 CFR 50.109, does
not apply to this final rule because these amendments do not involve
any provisions which would impose backfits as defined in
Sec. 50.109(a)(1). Also, the NRC has determined that backfitting
requirements in Sec. 72.62 do not apply to this proposed rule because
the proposed event reporting requirements are not procedures required
to operate an ISFSI or MRS. Therefore, a backfit analysis is not
required.
Criminal penalties
For purposes of Section 223 of the Atomic Energy Act of 1954, as
amended, relating to willful violations of requirements notice is
hereby given that these amendments are being adopted and promulgated
pursuant to Sections 161b, 161i, or 161o of the Act.
List of Subjects
10 CFR Part 72
Manpower training programs, Nuclear materials, Occupational safety
and health, Reporting and recordkeeping requirements, Security
measures, Spent fuel.
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; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 553, the Commission is proposing to adopt the
following amendments to 10 CFR part 72.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
1. The authority citation for part 72 is revised 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. 2951 (42 U.S.C. 5851); sec. 102,
Pub. L. 91-190, 83 Stat. 853 (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.
955 (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, 2224 (42 U.S.C. 10101,
10137(a), 10161(h)). Subparts K and L are also issued under sec.
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252
(42 U.S.C. 10198).
2. A new Sec. 72.75 under Subpart D--``Records, Reports,
Inspections, and Enforcement''--is added to read as follows:
Sec. 72.75 Reporting requirements for specific events and conditions.
(a) Emergency notifications--Each licensee shall notify the NRC
Operations Center upon the declaration of an emergency as specified in
the licensee's approved emergency plan addressed in Sec. 72.32 of this
part. The licensee shall notify the NRC immediately after notification
of the appropriate State or local agencies, but not later than one hour
after the time the licensee declares an emergency.
(b) Non-emergency notifications: Four-hour reports. Each licensee
shall notify the NRC as soon as possible but not later than 4 hours
after the discovery of any of the following events or conditions
involving spent fuel or HLW:
(1) An event that prevents immediate actions necessary to avoid
exposures to radiation or radioactive materials that could exceed
regulatory limits, or releases of radioactive materials that could
exceed regulatory limits (e.g., events such as fires, explosions, and
toxic gas releases).
(2) A defect in any spent fuel storage structure, system, or
component which is important to safety.
(3) A significant reduction in the effectiveness of any spent fuel
storage confinement system during use.
(4) An action taken in an emergency that departs from a condition
or a technical specification contained in a license or certificate of
compliance issued under this part when the action is immediately needed
to protect the public health and safety and no action consistent with
license or certificate of compliance conditions or technical
specifications that can provide adequate or equivalent protection is
immediately apparent.
(5) An event that requires unplanned medical treatment at an
offsite medical facility of an individual with radioactive
contamination on the individual's clothing or body which could cause
further radioactive contamination.
(6) An unplanned fire or explosion damaging any spent fuel or HLW,
or any device, container, or equipment containing spent fuel or HLW
when the damage affects the integrity of the material or its container.
(c) Non-emergency notifications: Twenty-four hour reports. Each
licensee shall notify the NRC within 24 hours after the discovery of
any of the following events involving spent fuel or HLW:
(1) Any unplanned contamination event that requires access to the
contaminated area by workers or the public to be restricted for more
than 24 hours by imposing additional radiological controls or by
prohibiting entry into the area.
(2) An event in which safety equipment is disabled or fails to
function as designed when:
(i) The equipment is required by regulation, license condition, or
certificate of compliance to be available and operable to prevent
releases that could exceed regulatory limits, to prevent exposures to
radiation or radioactive materials that could exceed regulatory limits,
or to mitigate the consequences of an accident; and
(ii) No redundant equipment was available and operable to perform
the required safety function.
(d) Preparation and submission of reports. Reports made by
licensees in response to the requirements of this section must be made
as follows:
(1) Licensees shall make reports required by paragraphs (a), (b),
or (c) of this section by telephone to the NRC Operations Center.\1\ To
the extent that the information is available at the time of
notification, the information provided in these reports must include:
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\1\The commercial telephone number for the NRC Operations Center
is (301) 816-5100.
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(i) The caller's name and call back telephone number;
(ii) A description of the event, including date and time;
(iii) The exact location of the event;
(iv) The quantities, and chemical and physical forms of the spent
fuel or HLW involved; and
(v) Any personnel radiation exposure data.
(2) Written report. Each licensee who makes an initial report
required by paragraph (a) or (b) of this section shall submit a written
followup report within 30 days of the initial report. Written reports
prepared pursuant to other regulations may be submitted to fulfill this
requirement if the reports contain all of the necessary information and
the appropriate distribution is made. These written reports must be
sent to the U.S. Nuclear Regulatory Commission, Document Control Desk,
Washington, DC 20555, with a copy to the appropriate NRC Regional
Office listed in Appendix D of 10 CFR Part 20. These reports must
include the following:
(i) A description of the event, including the probable cause and
the manufacturer and model number (if applicable) of any equipment that
failed or malfunctioned;
(ii) The exact location of the event;
(iii) The quantities, and chemical and physical forms of the spent
fuel or HLW involved;
(iv) Date and time of the event;
(v) Corrective actions taken or planned and the results of any
evaluations or assessments; and
(vi) The extent of exposure of individuals to radiation or to
radioactive materials without identification of individuals by name.
3. Section 72.216 under Subpart K--``Reports''--is amended by
adding new paragraph (c) to read as follows:
Sec. 72.216 Reports.
* * * * *
(c) The general licensee shall make initial and written reports in
accordance with Secs. 72.74 and 72.75, except for the events or
conditions specified by Secs. 72.75(a)(2) and (3) for which the initial
reports will be made under paragraph (a) of this section.
Dated at Rockville, Maryland, this 30th day of November, 1994.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-30694 Filed 12-13-94; 8:45 am]
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