POLICY ISSUE 

INFORMATION 

May 31, 2013 SECY-13-0057

FOR: The Commissioners 

FROM: Catherine Haney, Director 

Office of Nuclear Material Safety 

 and Safeguards 

SUBJECT: ANNUAL STATUS REPORT: ACTIVITIES RELATED TO 

EXTENDED STORAGE AND TRANSPORTATION 

PURPOSE: 

This paper provides the Commission with a status report on the staff’s activities related to the 

extended storage and transportation (EST) of spent nuclear fuel (SNF). The staff last updated 

the Commission on this matter in May 2012 (Ref. 1). This paper responds to the Commission’s 

direction to provide an annual status report (Ref. 2) and does not address any new 

commitments. 

BACKGROUND: 

The staff of the U.S. Nuclear Regulatory Commission (NRC) is working to identify and address 

areas that might affect regulation of safe and secure storage of SNF over extended periods and 

for its subsequent transportation. The goal of these efforts is to identify any technical or 

regulatory conditions that might indicate a need for changes to NRC regulations or guidance for 

storage and transportation of SNF to ensure the regulatory framework for these activities is 

appropriate. The Office of Nuclear Material Safety and Safeguards (NMSS), as the agency lead 

for these efforts, is coordinating with the Office of Nuclear Regulatory Research (RES), the 

Office of Nuclear Reactor Regulation (NRR), and other NRC initiatives in addressing the 

identified technical information needs. 

In 2010, the staff was directed by the Commission to examine potential EST issues in 

conjunction with considerations for a possible update to its Waste Confidence Decision and 

Rule covering a longer time period (Ref. 2). Both EST and Waste Confidence were discussed 

CONTACT: James Rubenstone, NMSS/SFAS 

 (301) 287-0532 

 

 

SECY NOTE: THIS SECY PAPER TO BE RELEASED TO THE PUBLIC IN 10 WORKING 

DAYS WITH THE REMOVAL OF THE ENCLOSURE. 
The Commissioners 2 

in the annual status paper provided to the Commission last year, in May 2012 (Ref. 1). 

Subsequently,on June 8, 2012, the Circuit Court for the District of Columbia found that some 

aspects of the Waste Confidence Decision, as amended in 2010, did not satisfy the NRC’s 

National Environmental Policy Act (NEPA) obligations, and vacated the Commission Decision 

and Rule (New York v. NRC, 681 F.3d 471 (D.C. Cir. 2012)). The Commission then directed 

the staff to proceed directly with development of a generic environmental impact statement 

(GEIS) and Rule (Ref. 3). The efforts on Waste Confidence rulemaking have been separated 

from the EST work, and the present paper concerns only the EST activities. The staff is 

currently working to develop the Waste Confidence draft GEIS and proposed Rule. In the draft 

GEIS, staff is using existing information to analyze potential impacts of continued SNF storage 

into the future. 

The EST effort focuses on identifying and resolving potential issues associated with storage and 

transportation of SNF over extended periods. While staff anticipates that the current regulatory 

framework for storage and transportation can be extended to accommodate future needs, it 

acknowledges that licensing practices may evolve over time in response to improved 

understanding, operational experience, and Commission policy direction. The staff continues to 

coordinate closely between the EST project and the current Waste Confidence work. The 

current Waste Confidence rulemaking effort is not dependent on results from the EST work. 

DISCUSSION: 

As discussed in the 2012 Status Paper (Ref. 1), the goal of the EST project is to identify what 

changes in regulatory framework might be needed. This goal requires assessment of both 

technical and potential regulatory issues. Given anticipated resources, the staff projects that 

this assessment will be completed by 2021. The enclosure provides resource estimates for this 

projection. Any urgent matters or policy issues will be brought to the Commission as they are 

identified. At this point, the staff anticipates that EST is more likely to lead to changes in staff 

guidance and inspection procedures, rather than changes in regulations. Although the EST 

project encompasses both technical and potential regulatory issues, most of the staff’s focus 

this past year has been on technical areas associated with EST. 

Technical Areas

To assess potential changes to NRC regulations or guidance for storage and transportation, the 

staff has systematically evaluated the potential effects of material-degradation processes on the 

performance of the systems, structures, and components (SSC) used for dry storage and 

transportation of SNF (Ref. 4). This evaluation has considered both the current level of 

knowledge on the initiation time, progression rate, and end state of the various degradation 

processes, and the potential impact on the safety or regulatory function of the particular SSC. 

Those processes that might have impacts on the safety function, and for which the level of 

knowledge is relatively low (i.e., for which operating experience is limited and other supporting 

technical information is still in development), are identified as high priority for further 

investigation. The staff has identified five areas of technical information as the first tier: 

• stress corrosion cracking of austenitic stainless-steel canisters and welds 

• swelling of fuel pellets over time, including fuel fragmentation and potential gas release 

• more realistic models for thermal evolution of storage components and SNF over time 

• effects of residual moisture after drying 

• inservice monitoring methods for storage systems, structures, and components 
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The staff also identified an additional eight second tier items for further work: 

• propagation of existing flaws in cladding 

• impacts to fuel-assembly hardware from wet corrosion, stress corrosion cracking, and 

metal fatigue 

• metal fatigue of cladding caused by temperature fluctuations, stress corrosion cracking, 

and delayed hydride cracking 

• low-temperature creep and galvanic corrosion of cladding 

• microbiologically influenced corrosion of stainless-steel, carbon-steel, and cast-iron 

body, welds, lids, and seals 

• embrittlement of fuel-basket welds at low temperature, and metal fatigue caused by 

temperature fluctuations 

• thermal aging and creep of neutron absorbers 

• concrete degradation, particularly for less-accessible components 

The staff’s evaluation of technical information needs considered previous assessments from 

industry, DOE, and other technical groups. The staff’s final report on technical information 

needs for EST incorporates input from the Advisory Committee on Reactor Safeguards (Ref. 5) 

and from public comments received on the draft report. Over the past year, the staff has made 

progress in all of the first tier technical areas, as well as several areas on the second tier, 

through an established User Need with RES. This work includes development of specific 

research plans, enhancements of modeling capabilities, surveys of potentially applicable 

methods for nondestructive examination, focused laboratory experiments on conditions for 

stress corrosion cracking, and a survey of risk information for EST. Documentation of this work 

includes a NUREG/CR on the stress corrosion cracking experiments, two technical reports on 

possible effects of residual moisture after cask drying, and two reports on potentially applicable 

methods for remote monitoring and inspection. These reports have been issued or are currently 

being finalized. 

The staff also has developed additional capability for modeling of storage cask thermal evolution 

over time, using methods from computational fluid dynamics. These models allow more 

complete consideration of those phenomena that might become more significant at lower 

temperatures, such as susceptibility of canisters to stress corrosion cracking or potential loss of 

fuel cladding ductility. Over the coming year, the staff will continue work in these areas and on 

each of the identified technical information needs. 

The NRC staff’s identification and prioritization of technical information needs has been made 

available to industry and other technical groups working on EST topics. The staff continues to 

interact with the Electric Power Research Institute (EPRI), through its Extended Storage 

Collaboration Program (ESCP), and with DOE, international counterparts, and university 

researchers. These interactions help to avoid duplication of effort and maintain focus on those 

areas that the staff considers to be most important for safe storage and transportation. In 

addition to the EPRI-led ESCP, the staff continues to share technical information and research 

plans through initiatives organized by the Nuclear Energy Agency and International Atomic 

Energy Agency, as well as through staff-level interactions with other technical researchers both 

in the United States and abroad. These interactions also allow staff to share technical and 

regulatory insights with foreign regulators and to promote good regulatory practices in spent fuel 

storage and transportation, particularly to countries without well-developed spent fuel 

management programs. 
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The efforts to coordinate research among different technical groups have already shown value. 

Through discussions that began within ESCP, industry and DOE identified their interest in a fullscale demonstration project on dry storage of high-burnup spent fuel to gather confirmatory data 

on behavior of stored fuel over time. This information builds on data acquired from an earlier 

cask demonstration with low-burnup fuel. Through its technical information needs report, other 

industry communications, and ESCP, NRC staff has encouraged development of such 

confirmatory data through a demonstration project. DOE has recently awarded a contract to an 

industry consortium to plan, design, and execute the demonstration using an instrumented cask 

at a utility site. Detailed monitoring of the cask will provide temperature, humidity, gas 

composition, and other data on the fuel and interior of the cask beginning at time of deployment. 

At some future date, the cask will be opened to remove stored fuel rods for characterization and 

comparison to results on comparable rods separated before loading and stored in a spent fuel 

pool. NRC staff expects the demonstration to provide important information for extended 

storage, as well as to inform near-term licensing activities for storage of high-burnup fuel. In 

particular, the monitoring data will help to validate thermal models and will allow evaluation of 

assumptions regarding residual moisture following cask drying. Data from characterization of 

high-burnup fuel that has been stored in the demonstration cask for a decade (or longer) will 

contribute to the technical basis for storage over much longer periods, especially for early 

indicators of changes in cladding, other assembly components, and the fuel itself. Identification 

of any early changes in material behavior can also support projections of effects over the 

expected longer time periods of dry storage. 

While dry cask storage is a primary focus of the EST work, staff is also considering the 

possibility of continued storage of SNF in spent fuel pools. For operating and decommissioned 

reactors, 10 CFR Part 50 includes requirements for continued safe operation and maintenance 

of wet storage practices in spent fuel pools. Regulated practices include maintenance of the 

structure, operation of security systems, continuance of radiation protection and environmental 

monitoring programs, and processing of radioactive waste that may be generated. Several of 

the technical areas identified by staff for dry casks also apply to wet storage. NMSS staff will 

continue to coordinate with NRR and RES to consider any emerging issues. 

Regulatory Areas

In addition to the specific technical-information needs, the staff is examining potential regulatory 

areas that might need attention for EST of SNF. At this stage, the staff has identified only a 

small number of potential issues, many of which are being considered under a separate staff 

initiative on process improvements for current SNF storage and transportation licensing (Ref. 2). 

Two examples under this current initiative that have implications for EST are greater alignment 

between regulations for SNF storage and for transportation, and potential changes in current 

requirements for maintaining cladding integrity to support retrievability of spent fuel assemblies 

from storage (Ref. 6). Consideration of potential effects of extended storage on physical 

security requirements for independent spent fuel storage installations, identified in the 2012 EST 

status paper, is deferred pending completion of rulemaking for security requirements for SNF 

storage in 10 CFR Part 73, “Physical Protection of Plants and Materials.” 

During the coming year, an inter-office working group will begin systematic consideration of 

other potential regulatory issues for EST. This group will work in close coordination with the 

licensing process improvement initiative. No new policy issues have been identified thus far. 

Any areas that involve policy questions will be brought to the Commission for resolution. 
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CONCLUSIONS: 

The staff has identified and prioritized technical-information needs that might affect regulations 

and guidance for extended storage and transportation of SNF. The staff is making progress in 

addressing those needs, and is coordinating with industry, DOE, international counterparts, and 

other researchers on work planned and underway. The staff expects that much useful 

confirmatory information will be gained in coming years from the DOE and industry monitored 

cask demonstration project with high-burnup spent fuel, discussed previously. The staff is 

working to identify and address any potential regulatory issues for EST, in conjunction with 

related initiatives within the NRC, such as the storage and transportation licensing process 

improvement activities. 

RESOURCES: 

Resources proposed to continue and complete the EST project are discussed in the nonpublic 

enclosure. All resources for the EST work is, or will be, identified in the Spent Fuel Storage and 

Transportation Business Line. Funding considerations for future years will be addressed during 

the planning, budgeting, and performance-management process at the agency level. 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objection. The 

Office of the Chief Financial Officer has reviewed this paper for resource implications and has 

no objection. 

References

(1) SECY-12-0078, “Annual Status Report: Activities Related to Extended Storage and 

Transportation and the Long-Term Waste Confidence Update,” May 31, 2012 

(Agencywide Documents Access and Management System (ADAMS) Accession 

No. ML12059A231). 

(2) SRM-COMSECY-10-0007, “Project Plan for Regulatory Program Review to Support 

Extended Storage and Transportation of Spent Nuclear Fuel,” December 6, 2010 

(ADAMS Accession No. ML103400287). 

(3) SRM-COMSECY-12-0016, “Approach for Addressing Policy Issues Resulting from Court 

Decision to Vacate Waste Confidence Decision and Rule,” September 6, 2012 (ADAMS 

Accession No. ML12250A032). 

(4) Report by the U.S. Nuclear Regulatory Commission, “Identification and Prioritization of 

the Technical Information Needs Affecting Potential Regulation of Extended Storage and 

Transportation of Spent Nuclear Fuel,” May 2012 (ADAMS Accession 

No. ML120580143). 

(5) Armijo, J. Sam, Chairman, Advisory Committee on Reactor Safeguards, letter to 

Allison M. Macfarlane, Chairman, U.S. Nuclear Regulatory Commission, “Technical 

Information Needs Affecting Potential Regulation of Extended Storage and 

Transportation of Spent Nuclear Fuel,” September 11, 2012 (ADAMS Accession 

No. ML12255A067). 
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(6) Volume 78 of the Federal Register, Page 3853 (78 FR 3853), “Retrievability, Cladding 

Integrity, and Safe Handling of Spent Fuel at an Independent Spent Fuel Storage 

Installation and during Transportation,” January 17, 2013. 

/RA/ 

Catherine Haney, Director 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosure: 

Projected Resource Needs 

Extended Storage and 

Transportation Project 
The Commissioners 6 

(6) Volume 78 of the Federal Register, Page 3853 (78 FR 3853), “Retrievability, Cladding 

Integrity, and Safe Handling of Spent Fuel at an Independent Spent Fuel Storage 

Installation and during Transportation,” January 17, 2013. 

 /RA/ 

Catherine Haney, Director 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosure: 

Projected Resource Needs 

Extended Storage and 

Transportation Project 

NMSS201300116/WITS 201000286 

ADAMS Accession No.; Package – ML13144A717 Memo – ML13130A148; 

Enclosure – ML13130A145 

OFFICE NMSS/SFAS NMSS/SFAS NMSS/SFAS NMSS/SFST NMSS/WCD Tech Editor

NAME BDoolittle JRubenstone JPiccone MLombard CSafford QTE 

DATE 5/30/13 5/28/13 5/30/13 5/30/13 5/28/13 5/8/13 

OFFICE NMSS/PBPA RES NRR CFO OGC NMSS 

NAME TPulliam BSheron ELeeds GSuber DLenehan CHaney 

DATE 5/30/13 5/21/13 5/23/13 5/24/13 5/29/13 5/ 31 /13 

OFFICIAL USE ONLY