Federal Register, Volume 76, Number 32, February 16, 2011, Pages 8871-9212 Page: 8,875
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Federal Register/Vol. 76, No. 32/Wednesday, February 16, 2011 /Rules and Regulations
appropriate aging management and
maintenance programs, license terms
not to exceed 40 years are reasonable
and protect public health and safety.
D. Can applicants apply for an initial
term or renewal term greater than 40
years?
This final rule amends 72.42 by
extending the term allowed for specific
ISFSI licenses from not to exceed 20
years to not to exceed 40 years. This
extension applies to both the initial
terms and renewal terms. Any request
for a term greater than 40 years would
be processed as an exemption under
72.7. The NRC does not plan to
ordinarily grant license term requests
for greater than 40 years. As discussed
in Question "C" of this section, the NRC
believes that terms that do not exceed
40 years are reasonable and provide
adequate protection of public health and
safety, if the applicant demonstrates to
the NRC appropriate aging management
and maintenance programs.
If an applicant requests a specific
license term greater than 40 years, that
applicant would have to provide
information on the long-term material
degradation of spent fuel storage casks,
as well as associated aging management
activities, to justify safe operation
during such an extended period, and the
NRC would need to evaluate this
information.
E. Why is the NRC changing the word
"reapproval" to "renewal"?
The NRC is changing the word
"reapproval" to "renewal" in the final
rule to be consistent with the
terminology used in other license
requirements under part 72. Currently,
72.240 uses "reapproval" to describe
the process of extending the terms of
CoCs. However, this terminology differs
from other sections in part 72. For
example, 72.42 uses the word
"renewal" to define the process for
extending the term of specific ISFSI
licenses, and 72.212(a)(3) uses
"renewals" to define the process for the
continued use of storage casks of a
particular design under a general
license. Although "reapproval" and
"renewal" are similar words, they are
subject to different regulatory
interpretations. "Renewal" typically
implies a process whereby the term of
an existing license or CoC is extended.
As such, a renewal reaffirms the original
design basis, perhaps with some
modifications. "Reapproval," on the
other hand, implies a process to
reevaluate the original design basis in
accordance with current reviewthe standards in place when the cask
design was initially certified.
In addition, the Statements of
Consideration (SOC) for the final rule
(55 FR 29184; July 18, 1990) that added
the general license provisions to part 72
stated that "the procedure for reapproval
of cask designs was not intended to
repeat all the analyses required for the
original approval." The referenced SOC
also reported that, "the Commission
believes that the staff should review
spent fuel storage cask designs
periodically to consider any new
information, either generic to spent fuel
storage or specific cask designs, that
may have arisen since issuance of the
Certificate of Compliance." Clearly,
measures would need to be taken if the
"new information" involves safety
concerns. These measures would
depend on the nature of the safety
concerns and the cask design. Requests
for Additional Information (RAIs) may
be generated during the renewal process
to prompt applicants for CoC renewals
to address such safety concerns.
The NRC recognizes that a cask design
certified years ago may not meet the
latest standards, yet that design may be
fully acceptable to continue to store
spent fuel already loaded into casks of
that design. If the cask design were
subject to a reapproval process, and as
such, to current standards, there is the
possibility that certain components of
the original design would not meet the
current standards. Under this scenario,
general licensees would be forced to
remove the cask from service and
repackage the spent fuel. Obviously,
there are significant safety
considerations if spent fuel were to be
repackaged. When considering
repackaging, safety considerations
associated with the repackaging
operation should be weighed against
any safety concerns with leaving the
spent fuel in its existing storage
container. Although the NRC
continuously updates its review
standards, no compelling safety
concerns have been identified to date
that warrant the removal of spent fuel
from a cask design that does not meet
the latest review standards.
Thus, the NRC concludes that the
review of extending the term of a
currently approved cask design is more
in the nature of a renewal, because it is
based on the cask design standards in
effect at the time the CoC was approved,
rather than a reapproval, which is based
on the current standards. By replacing
the word "reapproval" with the word
"renewal," the final rule revisions will
remove ambiguity from the process forextending the terms of CoCs.
F. Why is the NRC adding a definition
for the term "time-limited aging
analyses" (TLAAs)?
Stakeholders asked for a definition of
TLAAs when they reviewed the initial
guidance document for the Surry and H.
B. Robinson specific ISFSI license
renewals. TLAA is a process to assess
systems, structures, and components
(SSCs) important to safety which have a
time-dependent operating life. This final
rule adds a definition of TLAA to the
part 72 definitions section, 72.3, and
makes revisions to 72.42(a)(1) and
72.240(c)(2), respectively, because
TLAAs will be required for the renewal
of a specific license and for the renewal
of a spent fuel storage cask CoC.
G. What is an "aging management
program" (AMP)?
An AMP is a program for addressing
aging effects that may include
prevention, mitigation, condition
monitoring, and performance
monitoring. The final rule adds a
definition of AMP to the part 72
definitions section, 72.3, because SSCs
must be evaluated to demonstrate that
aging effects will not compromise the
SSCs' intended functions during the
renewal period.
H. Why is the NRC requiring an AMP?
The NRC is amending 72.42 and
72.240 to require that applicants for
specific license and CoC renewals
describe a program, in their
applications, for the management of
issues associated with aging that could
adversely affect SSCs. In this regard,
degradation of the SSCs at an ISFSI,
such as degradation due to corrosion
and radiation, are time-dependent
mechanisms and are expected to be
addressed in renewal applications. AMP
requirements will ensure that SSCs will
perform as designers intended during
the renewal period. AMP requirements
will be reflected in the terms, conditions
and technical specifications of the
renewed CoC and thus made applicable
to the general licensee per 72.212(b).
For specific licensees, AMP
requirements will be reflected in the
terms and conditions of the renewed
specific license.
I. Why is the NRC changing the 20-year
general license term for cask designs
approved for use under the general
license provisions? When would a
general license term begin and end?
The final rule changes the 20-year
general license term limit for the storage
of spent fuel in casks fabricated under
a CoC to be consistent with the revisions8875
standards, which may be different from
to CoC initial and renewal terms (which
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United States. Office of the Federal Register. Federal Register, Volume 76, Number 32, February 16, 2011, Pages 8871-9212, periodical, February 16, 2011; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52207/m1/12/: accessed May 5, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.