Notification of Events

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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