[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4956]
[[Page Unknown]]
[Federal Register: March 4, 1994]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
RIN 3150-AE46
Notification of Spent Fuel Management and Funding Plans by
Licensees of Prematurely Shut Down Power Reactors
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to clarify the timing of notification to the NRC of spent
fuel management and funding plans by licensees of those nuclear power
reactors that have been shut down before the expected end of their
operating lives. The final rule requires that a licensee submit such
notification either within 2 years after permanently ceasing operation
of its licensed power reactor or no later than 5 years before the
reactor operating license expires, whichever event occurs first.
Licensees of nuclear power reactors that have already permanently
ceased operation by the effective date of this rule are required to
submit such notification within 2 years after the effective date of
this rule.
EFFECTIVE DATE: April 4, 1994.
FOR FURTHER INFORMATION CONTACT: Robert Wood, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
telephone (301) 504-1255.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 1993, the NRC published in the Federal Register a
notice of proposed rulemaking to clarify the timing of notification to
the NRC of spent fuel management and funding plans by licensees of
those nuclear power reactors that have been shut down prematurely (58
FR 34947).
1. Comments Received
The NRC received four comments on the proposed rule. Three of the
four comments came from licensees or their representatives and
supported the rule as proposed. These commenters agreed with the NRC
assessment that the proposed rule is administrative in nature and would
produce consistency with the decommissioning rule. However, each of the
three recommended that the rule amendments should apply only
prospectively; that is, the rule should not apply to licensees whose
power reactors have already permanently ceased operating. The
commenters requested that the NRC allow licensees of these plants to
submit spent fuel management funding plans on a case-by-case schedule.
One commenter recommended that the NRC add a statement to this effect
to the final rule.
A fourth commenter supported the concept of requiring the submittal
of spent fuel management and funding plans soon after permanent
shutdown, but recommended that licensees be required to submit these
plans within 60 days after permanent shutdown.
The three commenters representing licensees also supported the NRC
intent to initiate rulemaking on including spent fuel costs as part of
decommissioning costs only after careful consideration of the database
that the NRC is developing in this area. In a related area, one of
these commenters noted that the NRC currently has regulations in place
in 10 CFR part 72 to ensure a licensee's financial qualifications for
the safe construction, operation, and decommissioning of an independent
spent fuel storage installation (ISFSI). The fourth commenter supported
rulemaking on funding assurance for spent fuel storage costs that would
be similar to, but separate from, decommissioning costs.
2. NRC Response to Comments
The NRC responds as follows to the issues raised by the commenters:
(1) The rule should only apply prospectively.
NRC response: The NRC disagrees that this rule should not apply to
licensees of plants that have already permanently ceased operating.
This rule should be consistent with the provisions of 10 CFR 50.82(a),
which requires all power plant licensees to submit decommissioning
plans no later than 2 years after permanently ceasing operations
regardless of how long the plant operated. The NRC recently amended 10
CFR 50.82(a) to allow the collection period of any shortfall of
decommissioning funds to be determined on a case-by-case basis for
plants that had been shut down prematurely (57 FR 30383, July 9, 1992).
However, even licensees of these plants must submit their
decommissioning plans within the 2-year time frame, notwithstanding the
collection period ultimately adopted.
To maintain consistency, the NRC believes that the 2-year limit
should be applied to plants already shut down. However, to assure that
the NRC does not impose unnecessary burdens on these licensees, the
final rule has been modified to allow these licensees 2 years from the
effective date of the rule to submit their spent fuel management and
funding plans.1
---------------------------------------------------------------------------
\1\In practice, licensees of most of the nuclear power plants
that have already permanently shut down have developed plans for the
management and funding of the disposition of spent fuel at their
sites. For example, Fort St. Vrain has either shipped spent fuel
offsite to DOE or moved it to an ISFSI onsite. Shoreham is shipping
its fuel to Limerick. Yankee-Rowe and Rancho Seco have developed
plans for onsite storage facilities. Humboldt Bay and LaCrosse are
maintaining fuel in their spent fuel pools. Dresden 1, San Onofre 1,
and Indian Point 1 are maintaining fuel in their spent fuel pools or
in pools of other units still operating at the site. Peach Bottom 1
has no fuel onsite.
---------------------------------------------------------------------------
(2) Submittal of spent fuel management and funding plans should be
required within 60 days of permanent shutdown of the facility, rather
than within 2 years.
NRC Response: The NRC disagrees with this comment. Sixty days is
too short a period in which to develop a meaningful spent fuel
management and funding plan. Because licensees will normally develop
these plans in conjunction with their decommissioning plans, the NRC
should maintain consistency by requiring the same 2-year limit for both
spent fuel management and funding plans and the overall decommissioning
plan, which includes decommissioning funding.
(3) Costs associated with the construction, operation, and
decommissioning of ISFSIs are already assured by provisions in 10 CFR
Part 72.
NRC Response: The NRC agrees that part 72 contains provisions to
ensure that licensees have adequate funds to construct, operate, and
decommission ISFSIs. Spent fuel management and funding plans submitted
in compliance with the amended Sec. 50.54(bb) need not cover spent fuel
while it is being stored in an ISFSI in compliance with part 72. The
NRC will consider whether these provisions are adequate when it
evaluates whether it is necessary to include spent fuel management and
funding as part of decommissioning costs.
Finding of No Significant Environmental Impact: Availability
This final rule clarifies the timing of the submittal of plans for
managing and providing funding for managing all irradiated fuel for
those licensees whose power reactors are shut down prematurely. This
action is required to coordinate the submittal of spent fuel management
and funding plans with the submittal of decommissioning plans for
prematurely shut down reactors. Because management and funding of spent
fuel can have a significant impact on the method and timing of
decommissioning, licensees should submit their plans for spent fuel
management and funding to be consistent with the timing provisions for
decommissioning plans in Sec. 50.82(a) (i.e., no later than 2 years
after permanent shutdown).
Neither this action nor the alternative of maintaining the existing
rule would significantly affect the environment. Changes in the timing
of the submittal of spent fuel management and funding for prematurely
shut down power reactors would not alter the effect on the environment
of the licensed activities considered in either the final spent fuel
disposition rule (49 FR 34689; August 31, 1984) or the final
decommissioning rule (53 FR 24018; June 27, 1988) as analyzed in the
Final Generic Environmental Impact Statement on Decommissioning of
Nuclear Facilities (NUREG-0586, August 1988). The alternative to this
action would not significantly affect the environment. Therefore, 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 will not be a major Federal action
significantly affecting the quality of the human environment and,
therefore, an environmental impact statement is not required. No other
agencies or persons were contacted for this action, and no other
documents related to the environmental impact of this action exist. The
foregoing constitutes the environmental assessment and finding of no
significant impact for this final rule.
Paperwork Reduction Act Statement
This final rule does not contain a new or amended information
collection requirement subject to the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget, approval number [3150-0011].
Regulatory Analysis
On August 31, 1984, the NRC published a final rule, ``Requirements
for Licensee Actions Regarding the Disposition of Spent Fuel Upon
Expiration of Reactor Operating Licensees.'' (49 FR 34689). As part of
this rule, the NRC required power reactor licensees to submit for NRC
review and approval, no later than 5 years before expiration of the
reactor operating license, their plans for managing spent fuel at their
site until title to the spent fuel is transferred to the Department of
Energy (DOE). These plans are to include plans for funding of spent
fuel management before transfer to DOE.
On June 27, 1988, the Commission promulgated its final
decommissioning rule (53 FR 24019). Section 50.82 of this rule provides
that licensees of all power reactors that permanently cease operation
after July 27, 1988, including those that shut down prematurely, must
apply to the NRC to decommission their facilities within 2 years
following permanent cessation of operations. Section 50.82(b)(1)(iii)
further provides that the proposed decommissioning plan submitted by
the licensee should consider such factors as the ``unavailability of
waste disposal capacity and other site-specific factors affecting the
licensee's capability to carry out decommissioning safely * * *.'' The
Commission requires licensees to submit decommissioning plans in a
timely manner after they permanently cease operations at their
facilities. The NRC's regulations recognize that a licensee's ability
to plan properly and safely for decommissioning depends on a licensee's
ability to manage and dispose of its spent fuel. Thus, the timing of
requirements for submittal of plans for spent fuel management and
storage should be consistent with the timing for submittal of
decommissioning plans, including those for power reactors that have
been shut down prematurely. Therefore, the NRC is amending 10 CFR
50.54(bb) to require each power reactor licensee to notify the NRC of
its program to manage and provide funding for management of the
irradiated fuel at its reactor either within 2 years after the licensee
permanently ceases operation of its reactor or no later than 5 years
before its reactor operating license expires, whichever occurs first.
Licensees of nuclear power reactors that have already permanently
ceased operations by the effective date of this rule are required to
submit such notification within 2 years after the effective date of
this rule.
Although the timing of preparation and submittal of plans for
management and funding of spent fuel would be formally advanced for
licensees that shut down their power reactors prematurely, these
licensees typically would have already evaluated spent fuel management
and funding issues before submitting decommissioning plans required
under 10 CFR 50.82. This rule merely makes 10 CFR 50.54(bb) submittal
schedular requirements consistent with 10 CFR 50.82. Thus, there should
be no substantive impact on power reactor licensees.
This final rule would not create substantial costs for other
licensees. This final rule also will not significantly affect State and
local governments and geographical regions, or the environment, or
create substantial costs to the NRC or other Federal agencies. The
foregoing discussion constitutes the regulatory analysis for this final
rule.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the Commission certifies that this final rule will not have a
significant impact upon a substantial number of small entities. The
rule will potentially affect approximately 115 nuclear power reactor
operating licenses. Nuclear power plant licensees do not fall within
the definition of small businesses as defined in section 3 of the Small
Business Act, 15 U.S.C. 632, the Small Business Size Standards of the
Small Business Administrator (13 CFR part 121), or the Commission's
Size Standards (56 FR 56671, November 6, 1991).
Backfit Analysis
The NRC has determined that this final rule does not impose a
backfit as defined in 10 CFR 50.109(a)(1). Therefore, a backfit
analysis is not required for this final rule.
List of Subjects in 10 CFR Part 50
Antitrust, Classified information, Criminal penalty, Fire
protection, Incorporation by reference, Intergovernmental relations,
Nuclear power plants and reactors, Radiation protection, Reactor siting
criteria, Reporting and recordkeeping requirements.
For the reasons given 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. 552 and 553, the NRC is adopting
the following amendment to 10 CFR part 50.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for part 50 continues to read as follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,
83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,
2232, 2233, 2236, 2239, 2282); secs. 201 as amended, 202, 206, 88
Stat. 1242 as amended 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101,
185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub.
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54
(dd), and 50.103 also issued under sec. 108, 68 Stat. 939 as amended
(42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also
issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections
50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also
issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections
50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat.
2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68
Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under
sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also
issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
2. Section 50.54 is amended by revising paragraph (bb) to read as
follows:
Sec. 50.54 Conditions of licenses.
* * * * *
(bb) For nuclear power reactors licensed by the NRC, the licensee
shall, within 2 years following permanent cessation of operation of the
reactor or 5 years before expiration of the reactor operating license,
whichever occurs first, submit written notification to the Commission
for its review and preliminary approval of the program by which the
licensee intends to manage and provide funding for the management of
all irradiated fuel at the reactor following permanent cessation of
operation of the reactor until title to the irradiated fuel and
possession of the fuel is transferred to the Secretary of Energy for
its ultimate disposal in a repository. Licensees of nuclear power
reactors that have permanently ceased operation by April 4, 1994 are
required to submit such written notification by April 4, 1996. Final
Commission review will be undertaken as part of any proceeding for
continued licensing under part 50 or part 72 of this chapter. The
licensee must demonstrate to NRC that the elected actions will be
consistent with NRC requirements for licensed possession of irradiated
nuclear fuel and that the actions will be implemented on a timely
basis. Where implementation of such actions requires NRC
authorizations, the licensee shall verify in the notification that
submittals for such actions have been or will be made to NRC and shall
identify them. A copy of the notification shall be retained by the
licensee as a record until expiration of the reactor operating license.
The licensee shall notify the NRC of any significant changes in the
proposed waste management program as described in the initial
notification.
* * * * *
Dated at Rockville, Maryland this 18th day of February, 1994.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-4956 Filed 3-3-94; 8:45 am]
BILLING CODE 7590-01-P
