[Federal Register Volume 65, Number 117 (Friday, June 16, 2000)]
[Proposed Rules]
[Pages 37712-37723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15054]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / 
Proposed Rules

[[Page 37712]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 72 and 150

[Docket No. PRM-72-2]
RIN 3150-AG33


Interim Storage for Greater Than Class C Waste

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to grant 
in part and deny in part a petition for rulemaking submitted by 
Portland General Electric Company (PRM-72-2) by amending its 
regulations dealing with greater than class C (GTCC) waste. The 
proposed amendments would only apply to the interim storage of GTCC 
waste generated or used by commercial nuclear power plants. The 
proposed amendments would allow licensing for interim storage of GTCC 
waste in a manner that is consistent with licensing the interim storage 
of spent fuel and would maintain Federal jurisdiction for storage of 
reactor-related GTCC waste. These proposed amendments would also 
simplify and clarify the licensing process.

DATES: The comment period expires August 30, 2000. Comments received 
after this date will be considered if it is practical to do so, but the 
Commission is able to assure consideration only for comments received 
on or before this date.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. Attention: Rulemakings and 
Adjudications Staff.
    Deliver comments to 11555 Rockville Pike, Rockville, Maryland, 
between 7:30 am and 4:15 pm on Federal workdays.
    You may also provide comments via the NRC's interactive rulemaking 
website (http://ruleforum.llnl.gov). This site provides the capability 
to upload comments as files (any format), if your web browser supports 
that function. For information about the interactive rulemaking site, 
contact Ms. Carol Gallagher, (301) 415-5905 (e-mail <a href="/cdn-cgi/l/email-protection#ccafadab8ca2beafe2aba3ba"><span class="__cf_email__" data-cfemail="ee8d8f89ae809c8dc0898198">[email protected]</span></a>).
    Certain documents related to this rulemaking, including comments 
received, may be examined at the NRC Public Document Room, 2120 L 
Street NW (Lower Level), Washington, DC. These same documents also may 
be viewed and downloaded electronically via the rulemaking website.
    Documents created or received at the NRC after November 1, 1999, 
are also available electronically at the NRC's Public Electronic 
Reading Room on the Internet at http://www.nrc.gov/NRC/ADAMS/index.html. From this site, the public can gain entry into the NRC's 
Agency wide Document Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. For more 
information, contact the NRC Public Document Room (PDR) Reference staff 
at 1-800-397-4209, 202-634-3273, or by email to <a href="/cdn-cgi/l/email-protection#2d5d495f6d435f4e034a425b"><span class="__cf_email__" data-cfemail="ed9d899fad839f8ec38a829b">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Mark Haisfield [telephone (301) 415-
6196, e-mail <a href="/cdn-cgi/l/email-protection#0b464d434b657968256c647d"><span class="__cf_email__" data-cfemail="78353e3038160a1b561f170e">[email protected]</span></a>] or Philip Brochman [telephone (301) 415-8592, 
e-mail <a href="/cdn-cgi/l/email-protection#81d1c6c3c1eff3e2afe6eef7"><span class="__cf_email__" data-cfemail="f6a6b1b4b6988495d8919980">[email protected]</span></a>] of the Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION:

Background

The Petition for Rulemaking

    The Nuclear Regulatory Commission received a petition for 
rulemaking dated November 2, 1995, submitted by Portland General 
Electric Company. The petition was docketed as PRM-72-2 and published 
in the Federal Register, with a 75-day comment period, on February 1, 
1996 (61 FR 3619).
    The petitioner requested that the NRC amend 10 CFR Part 72 to add 
the authority to store radioactive waste that exceeds the concentration 
limits of radionuclides established for Class C waste in 10 CFR 
61.55.\1\ This material is commonly referred to as ``greater than class 
C'' waste or GTCC waste. GTCC waste is generally unsuitable for near-
surface disposal as low-level waste (LLW), even though it is legally 
defined as LLW. 10 CFR 61.55(a)(2)(iv) requires that this type of waste 
be disposed of in a geologic repository unless approved for an 
alternative disposal method on a case-specific basis by the NRC.
---------------------------------------------------------------------------

    \1\ In 10 CFR Part 61.55, ``Waste Classification,'' the NRC 
codifies disposal requirements for three classes of low-level waste 
which are considered generally suitable for near-surface disposal. 
These are Class A, B, and C. Class C waste is required to meet the 
most rigorous disposal requirements.
---------------------------------------------------------------------------

    The petitioner is an NRC-licensed utility responsible for the 
Trojan Nuclear Plant (Trojan). In the petition, the petitioner 
anticipated that it would need to dispose of GTCC waste during 
decommissioning. The decommissioning plan specifies the transfer of 
spent reactor fuel, currently being stored in the spent fuel pool, to 
an onsite Independent Spent Fuel Storage Installation (ISFSI) licensed 
under 10 CFR Part 72. The petitioner requested that 10 CFR Part 72 be 
revised to permit GTCC waste to be stored at the ISFSI pending transfer 
to a permanent disposal facility. The petitioner suggested that, 
because the need to provide interim storage for GTCC waste is not 
specific to Trojan but is generic, the regulations in 10 CFR Part 72 
should be amended to explicitly provide for storage of GTCC waste in a 
licensed ISFSI.\2\
---------------------------------------------------------------------------

    \2\ Although the proposal to grant this petition is no longer 
needed for Trojan since the GTCC waste was shipped to the Hanford 
LLW site within the reactor vessel, the NRC believes that this 
rulemaking, if promulgated, will be useful for other reactor 
operators that need to store their GTCC waste.
---------------------------------------------------------------------------

    The petitioner believes that storage of GTCC waste under 10 CFR 
Part 72 will ensure safe interim storage. This storage would provide 
for public health and safety and environmental protection as required 
for spent fuel located at an ISFSI or spent fuel and high-level waste 
stored at a Monitored Retrievable Storage Installation (MRS).
    The specific changes proposed in the petition would explicitly 
include interim storage of GTCC waste within the Purpose, Scope, and 
Definitions sections of 10 CFR Part 72 in order to treat GTCC waste in 
a manner similar to that for spent nuclear fuel. The revised 
definitions would only apply to the interim storage of GTCC waste under 
the authority of 10 CFR Part 72.
    If this rule is adopted in final form, the petition would be 
granted in part and denied in part. This proposed rule would grant the 
petitioner's request to authorize GTCC waste storage under a

[[Page 37713]]

10 CFR Part 72 license, but as discussed later, uses a different 
approach.

Public Comments on the Petition

    The notice of receipt of the petition for rulemaking invited 
interested persons to submit written comments concerning the petition. 
The NRC received six comment letters. Five comment letters were 
received from nuclear facilities and one from the Nuclear Energy 
Institute (NEI). NEI provided another letter on this subject directly 
to the NRC Chairman on February 2, 1999, and the NRC responded on March 
25, 1999. The comments were reviewed and considered in the development 
of NRC's decision on this petition. These comments are available in the 
NRC Public Document Room.
    All six commenters supported the petition. Two of the commenters 
(Sacramento Municipal Utility District and Yankee Atomic Electric 
Company) are currently decommissioning their reactors.

Draft Rulemaking Plan

    As a result of the petition and the comment letters, the NRC 
developed a draft rulemaking plan to further consider the development 
of a rule that would meet the intent of the petition. In SECY-97-056, 
dated March 5, 1997, the NRC staff provided a draft rulemaking plan to 
the Commission outlining a rule that would modify 10 CFR Part 72 to 
allow storage of material, which when disposed of would be classified 
as GTCC waste, under the authority of 10 CFR Part 72 using the 
performance criteria of this part. As discussed in this draft 
rulemaking plan, currently licensees are authorized to store GTCC waste 
under the regulations in 10 CFR Part 30 and/or Part 70. Therefore, the 
draft rulemaking plan discussed adding an option to store GTCC waste 
under 10 CFR Part 72 while maintaining the existing option to store 
this waste using the authority of 10 CFR Parts 30 and 70. This plan was 
sent to the Agreement States for their comments on April 18, 1997. Four 
States provided comments--Illinois, New York, Texas, and Utah.
    The draft rulemaking plan described how an ISFSI or an MRS might be 
regulated by both the NRC and an Agreement State (this is discussed in 
more detail in the Discussion section). The draft rulemaking plan did 
not require that the licensing jurisdiction for GTCC waste remain with 
NRC, but did suggest that Agreement States could voluntarily relinquish 
their licensing authority for GTCC waste stored at an ISFSI. The draft 
rulemaking plan specifically requested Agreement State input relative 
to their likelihood of voluntarily relinquishing their authority for 
licensing when an ISFSI or an MRS is used for storing GTCC waste.
    Three of the four state commenters indicated that they were opposed 
to voluntarily relinquishing their authority and preferred to maintain 
their licensing authority for GTCC waste. One state supported the 
concept. One state commenter questioned that inefficiencies will result 
from Agreement State regulation of GTCC waste at a reactor site 
concurrent with NRC regulation of spent fuel remaining at the site. The 
commenter noted that similar situations already exist when LLW is 
stored at the site. Another state commenter noted that there ``* * * 
have been many instances where an agreement state and NRC have 
effectively collaborated in the regulation of a single facility.'' 
Another state commenter noted that the NRC recently informed the states 
that they could voluntarily relinquish their authority for sealed 
sources and devices and it was ``* * *vehemently opposed to any rule 
that automatically usurps a state's licensing authority without the 
State's consent.''

Discussion

    Current NRC regulations are not clear on the acceptability of 
storing reactor-related GTCC waste co-located at an ISFSI or an MRS. 
Co-location is the storage of spent fuel and other radioactive material 
in their respective separate containers. This situation has created 
confusion and uncertainty on the part of decommissioning reactor 
licensees and may create inefficiency and inconsistency in the way the 
NRC handles GTCC waste licensing matters.
    Currently, 10 CFR Part 50 licensees (Domestic Licensing of 
Production and Utilization Facilities) are authorized to store all 
types of reactor-related radioactive materials, including material 
that, when disposed of, would be classified as GTCC waste. The GTCC 
waste portion is currently being stored either within the reactor 
vessel, in the spent fuel pool, or in a radioactive material storage 
area, pending development of a suitable permanent disposal facility. 
Reactor-related GTCC waste is typically in a solid form (i.e., mostly 
activated metals) such as reactor vessel internals, nozzles, and in-
core instrumentation. A small amount of GTCC waste may also be in the 
form of a sealed source that was used during the operation of the 
reactor. GTCC waste may consist of either byproduct material or special 
nuclear material. The authority to license the possession and storage 
of GTCC waste is contained within 10 CFR Part 30 for byproduct material 
and in 10 CFR Part 70 for special nuclear material. Under 10 CFR 50.52, 
the Commission may combine multiple licensing activities of an 
applicant that would otherwise be licensed individually in single 
licenses. Thus, the 10 CFR Part 50 license authorizing operation of 
production and utilization facilities currently includes, within it, 
the authorization to possess byproduct and special nuclear material 
that would otherwise need to be separately licensed under 10 CFR Parts 
30 or 70.
    Under current regulations, while a 10 CFR Part 50 license is in 
effect, a reactor licensee can store spent fuel generated at the 
reactor site under either a general license pusuant to 10 CFR 72.210 or 
a specific license pursuant to 10 CFR Part 72. In addition, the reactor 
licensee who has a 10 CFR Part 50 license, can store GTCC waste 
generated at the reactor site under the 10 CFR Parts 30 and 70 
authority included in the 10 CFR Part 50 license.
    Under current regulations, when the 10 CFR Part 50 license 
terminates, a reactor licensee can continue to store spent fuel 
generated at the reactor site under a specific license pursuant to 10 
CFR Part 72. However, a general license under 10 CFR 72.210 would 
terminate because the 10 CFR Part 50 license has terminated, and the 
reactor licensee would need to apply for a specific license under 10 
CFR Part 72 in order to continue to store spent fuel at the reactor 
site. Furthermore, the 10 CFR Parts 30 and 70 licenses included in the 
10 CFR Part 50 licenses are also terminated when the 10 CFR Part 50 
license terminates and the reactor licensee can only store GTCC waste 
by applying for a specific NRC license under 10 CFR Parts 30 and/or 70, 
or an equivalent Agreement State license if the facility is located in 
an Agreement State.
    Under the proposed regulations, when a 10 CFR Part 50 license is 
terminated, the reactor licensee will only apply for an NRC license, 
but will have the option to store GTCC waste under either 10 CFR Part 
72 or under 10 CFR Parts 30 and 70. This proposed regulation maintains 
Federal jurisdiction for GTCC waste under either approach (10 CFR Part 
72 or 10 CFR Parts 30 and 70).
    The proposed changes in this rulemaking would allow a 10 CFR Part 
72 specific licensee to co-locate reactor-related GTCC waste within an 
ISFSI or an MRS. Applicants for a specific license would be required to 
provide a Safety Analysis Report (SAR) which would describe how the 
GTCC waste would be stored. The SAR would

[[Page 37714]]

describe how structures, systems, and components that are important to 
safety are properly designed to allow the storage of GTCC waste within 
an ISFSI or MRS. There are no separate design criteria for GTCC waste 
storage containers. Safe storage of GTCC waste will be governed by the 
provisions of 10 CFR Parts 20 and 72. The applicant shall ensure that 
the co-location of this radioactive material does not have an adverse 
affect on the safe storage of spent fuel and the operation of the 
ISFSI. Based on an acceptable review of the SAR, the NRC would issue a 
10 CFR Part 72 specific license. Current 10 CFR Part 72 specific 
license holders would be required to submit an application to amend 
their 10 CFR Part 72 license, if they desire to store GTCC waste at 
their ISFSI.
    Under existing regulations, storage of GTCC waste at an ISFSI after 
termination of the reactor licensee's 10 CFR Part 50 license could lead 
to (1) NRC regulating the spent fuel at an ISFSI and (2) Agreement 
States regulating GTCC waste at the same location. The NRC has 
exclusive regulatory authority over a reactor licensee's storage of all 
radioactive material both spent fuel and of GTCC waste during the term 
of the 10 CFR Part 50 license. Once the 10 CFR Part 50 license is 
terminated an Agreement State would have authority for any GTCC waste 
stored by the utility.
    The NRC believes that decommissioning activities at commercial 
nuclear power plants will generate relatively small volumes of GTCC 
waste relative to the amount of spent fuel that exists at these sites. 
GTCC waste exceeds the concentration limits of radionuclides 
established for Class C in Secs. 61.55(a)(3)(ii), 61.55(a)(4)(iii), or 
61.55(a)(5)(ii). GTCC waste is not generally acceptable for near-
surface disposal at licensed low-level radioactive waste disposal 
facilities. There currently are no routine disposal options for GTCC 
waste. Because GTCC waste is unlikely to be disposed of at a LLW 
disposal site regulated under 10 CFR Part 61, the GTCC waste must be 
stored in the interim.
    In general, reactor-related GTCC wastes can be grouped into two 
categories. The first is activated metals, irradiated metal components 
from nuclear reactors such as core shrouds, support plates, and core 
barrels. The second is process wastes such as filters and resins 
resulting from the operation and decommissioning of reactors. In 
addition, there may be a small amount of GTCC waste generated from 
other activities associated with the reactor's operation (e.g., reactor 
start-up sources).
    The Low-Level Radioactive Waste Policy Amendments Act of 1985 gave 
the Federal Government (U.S. Department of Energy (DOE)) the primary 
responsibility for developing a national strategy for disposal of GTCC 
waste. The Act also gave the NRC the licensing responsibility for a 
disposal facility for GTCC waste. Until a disposal facility is 
licensed, there is a need for interim storage of GTCC waste.
    In the development of the proposed rule, the NRC has identified a 
potential policy issue associated with DOE's responsibility for the 
disposal of GTCC waste. Because DOE has not yet identified criteria or 
technical regulations for a disposal package for spent fuel or GTCC 
waste, the NRC is concerned that the commingling of spent fuel and GTCC 
waste (i.e., the two types of waste stored within the same cask) may be 
unacceptable for permanent disposal in the geologic repository. In such 
a case, the spent fuel and GTCC waste would need to be removed from the 
storage container before the spent fuel is placed in the geologic 
repository.
    The NRC desires to formulate regulations which both reduce 
radiological exposure and costs associated with repackaging the spent 
fuel and GTCC waste into two separate containers. Therefore, 
information from DOE on disposal polices will be helpful in developing 
commingling storage criteria for 10 CFR Part 72 (and enable the NRC to 
preclude a storage option that would be unacceptable for permanent 
disposal). Allowing commingling may be a technically safe and 
economical use of spent fuel storage cask space. The NRC staff has 
already reviewed and concluded, on a case-by-case basis, that GTCC 
waste in certain specific components associated with, and integral to, 
spent fuel (e.g., burnable poison rod assemblies, control rod 
assemblies, and thimble plugs) can be safely stored in the same cask 
with spent fuel. For current and future reviews, the NRC has developed 
guidance for the storage of these specific components. The position in 
the proposed rule is to preclude commingling of other reactor-related 
GTCC waste not integral to the spent fuel assemblies.
    The proposed rule also precludes storage of liquid GTCC waste under 
10 CFR Part 72. However, there are alternatives for a 10 CFR Part 50 
licensee that desires to terminate their license yet still possesses 
liquid GTCC waste. These alternatives include the licensee's submission 
of an application for a 10 CFR Part 30 or 70 license, with the 
appropriate conditions for storage of liquid GTCC waste, or the 
licensee's submission of a request for an exemption from the 
requirements of 10 CFR Part 72.
    However, and as discussed below, the NRC is specifically requesting 
additional input from stakeholders, including DOE, to develop a more 
effective rulemaking. This includes commingling of GTCC waste and spent 
fuel (in an ISFSI) or spent fuel, high-level waste, and GTCC waste (in 
an MRS) and storage of potentially hazardous or liquid GTCC wastes.

Request for Public Input on Specific Issues

    The Commission is seeking input from stakeholders on various 
technical topics associated with the storage of GTCC waste. Submit 
responses to these questions as identified in the ADDRESSES section 
listed above.
    The storage of GTCC waste at an ISFSI or MRS presents safety and 
technical issues that differ from those previously addressed by the NRC 
for the storage of spent fuel. For example, some forms of GTCC waste 
may be susceptible to radiolytic or thermal decomposition. 
Consequently, the design of a container for the storage of GTCC waste 
would need to consider the generation of gas or other products. 
Furthermore, chemical, galvanic, or thermal interactions may occur 
between GTCC waste, spent fuel, and the cask internals for GTCC waste 
and spent fuel stored in the same cask (i.e, commingled).
    Accordingly, the Commission is requesting comments from interested 
stakeholders on the following safety, technical or licensing issues. 
Guided by these comments, the Commission will consider these issues in 
the development of a final rule on the storage of GTCC waste under 10 
CFR Part 72. Comments are not limited to the safety and technical 
issues listed below. Comments on proposed performance criteria for 
storage of GTCC waste are particularly requested. The performance 
criteria should ensure that systems, structures, and components (SSCs) 
which are important to safety will retain their ability to perform 
design functions during GTCC waste normal storage operations, 
anticipated occurrences, and accidents.
    1. Should the storage of certain forms of GTCC waste and spent fuel 
in the same cask be prohibited? Or, should storage be permitted if 
performance criteria can be established? If so, what criteria should be 
used?


    Note: As previously discussed, the NRC has already approved the 
storage of certain

[[Page 37715]]

types of GTCC waste and spent fuel in the same cask on a case-by-
case basis. The approved GTCC waste has typically been reactor core 
components, (e.g., thimble plugs, burnable poison rod assemblies, 
and control rod assemblies). In addition, the Commission is 
separately requesting information from DOE regarding DOE's position 
on the final disposal of commingled spent fuel and GTCC waste.


    2. Should the storage of explosive, pyrophoric, combustible, or 
chemically reactive GTCC waste be prohibited in either commingled or 
separate GTCC casks? Or should storage be permitted if performance 
criteria can be established? If so, what criteria should be used?
    3. Should the storage of GTCC that may generate or release gases 
via radiolytic or thermal decomposition, including flammable gases, be 
prohibited in either commingled or separate GTCC casks? Or should 
storage be permitted if performance criteria can be established? If so, 
what criteria should be used?
    4. Should the storage of solid GTCC waste that may contain free 
liquid (e.g., dewatered resin) be prohibited in either commingled or 
separate GTCC casks? Or should storage be permitted if performance 
criteria can be established? If so, what criteria should be used?
    5. Should the storage of liquid GTCC waste be prohibited in either 
commingled or separate GTCC casks? Or should storage be permitted if 
performance criteria can be established? If so, what criteria should be 
used?
    6. If reactor licensees, after termination of their 10 CFR Part 50 
license, elect to store reactor-related GTCC waste under the provisions 
of 10 CFR Parts 30/70, is additional guidance needed to provide a more 
efficient licensing process?

Proposed Regulatory Action

    The NRC is proposing to modify 10 CFR Parts 72 and 150. The 
proposed changes to these parts are necessary to allow the interim 
storage of NRC-licensed reactor-related GTCC waste within an ISFSI or 
an MRS and to require that the licensing responsibility for this waste 
remain under Federal jurisdiction. This proposed action deals only with 
GTCC waste used or generated by a commercial power reactor licensed 
under 10 CFR Part 50 (i.e., not a research reactor) and does not 
include any other sources of GTCC waste nor does it include other forms 
of LLW generated under a 10 CFR Part 50 license. Because reactor-
related GTCC waste is initially under Federal jurisdiction while the 
reactor facility is operated and the ultimate disposal of GTCC waste is 
also under Federal jurisdiction, the NRC believes that the interim 
period between termination of a reactor license and ultimate disposal 
should also remain under Federal jurisdiction. GTCC waste could become 
eligible for disposal in a geologic repository in the future. Spent 
fuel can be stored in an ISFSI or a MRS pending ultimate disposal. 
Therefore, for efficiency and consistency of licensing, the NRC 
believes that 10 CFR Part 72 should be modified to also allow the 
storage of GTCC waste within these facilities under NRC's jurisdiction. 
The existing regulatory scheme, which would allow for Federal-State-
Federal jurisdiction over the generation, interim storage, and disposal 
of GTCC, waste is an inefficient approach. It is inefficient for NRC 
and an Agreement State to both spend scarce resources to license and 
inspect an ISFSI that stores both spent fuel and GTCC waste. 
Additionally, 10 CFR Part 150 would require conforming changes.
    This proposed rule would allow storage of reactor-related GTCC 
waste under a 10 CFR Part 72 specific license. The proposed changes 
would modify 10 CFR Part 72 to allow storage of GTCC waste under this 
part using the performance criteria of 10 CFR Part 72 (General Design 
Criteria in Subpart F). This would provide a more efficient means of 
implementing what is essentially already permitted by the regulations 
(storage of GTCC waste co-located at an ISFSI or an MRS). When storing 
spent fuel and GTCC waste within an ISFSI or MRS, the licensee or 
applicant must provide a description of how storage of the GTCC waste 
will not have an adverse effect on the ISFSI or MRS or on public health 
and safety and the environment.
    The proposed rule would not eliminate the current availability of 
storing GTCC waste under the authority of a 10 CFR Part 30 or 70 
license. Neither 10 CFR Parts 30 nor 70 include explicit criteria for 
storage of GTCC waste. Therefore, a licensing process conducted under 
these regulations would be more complicated and resource intensive 
because the licensee would need to develop new proposed storage 
criteria and the NRC would then need to review and approve these 
criteria within the licensing process. If this approach is followed, 
the NRC is proposing that Federal jurisdiction would be retained over 
the reactor-related GTCC waste stored under 10 CFR Parts 30 and 70.
    Comparing these two approaches, the NRC recognizes that the 
licensing process will be simpler with less regulatory burden if all 
the radioactive waste to be stored at an ISFSI or MRS is stored under 
the authority of one 10 CFR Part 72 license. 10 CFR Part 72 was 
developed specifically for storage of spent fuel at an ISFSI and spent 
fuel and high-level waste at an MRS. The general storage criteria of 10 
CFR Part 72 will be applied to GTCC waste storage. Under 10 CFR Parts 
30 and 70, GTCC waste storage criteria would need to be developed on a 
case-by-case basis to support licensing under these parts. Also, using 
10 CFR Part 72 to store reactor-related GTCC waste would eliminate the 
need for multiple licenses for the storage of spent fuel and GTCC 
waste.
    Moreover, the NRC is still evaluating technical issues arising from 
the commingling of spent fuel and reactor-related GTCC waste in the 
same storage container and issues arising from the storage of reactor-
related liquid GTCC waste, under a 10 CFR Part 72 specific license. 
Therefore, this proposed rule would permit the co-locating of spent 
fuel and solid reactor-related GTCC waste in different casks and 
containers within an ISFSI or MRS. However, the proposed rule is not 
structured to permit the commingling of spent fuel and GTCC waste in 
the same storage cask, except for specific components associated with, 
and integral to, the spent fuel. Additionally, this proposed rule is 
not structured to permit the storage of liquid reactor-related GTCC 
waste. However, a licensee or applicant may submit an exemption request 
pursuant to Sec. 72.7 for approval for commingling of spent fuel and 
solid reactor-related GTCC waste in the same storage cask, or storing 
liquid reactor-related GTCC waste. The NRC will review and approve 
these types of requests on a case-by-case basis. As stated above, the 
NRC is still evaluating these technical issues and as noted earlier is 
asking for additional input during the public comment period for use in 
the development of the final rule.
    Without this change, after termination of the 10 CFR Part 50 
license, a licensee would need multiple licenses--10 CFR Part 72 for 
spent fuel and 10 CFR Part 30 or 70 (or both) for GTCC waste. Having 
one license for the ISFSI (or MRS) under 10 CFR Part 72 will be simpler 
for both licensees and the NRC, relative to approval and management.
    The NRC believes that the concept proposed in the petition of 
storing GTCC waste under the provisions of 10 CFR Part 72 is valid. 
However, the NRC also believes that the method proposed by the 
petitioner, that is modifying the definition of spent fuel to include 
GTCC waste, could lead to confusion. Modifying the definition of spent 
fuel would only apply to spent fuel as

[[Page 37716]]

defined under 10 CFR Part 72 and would not be technically accurate.
    Therefore, the NRC is proposing to add a definition of GTCC waste 
within Sec. 72.3 that would be consistent with 10 CFR 61.55. The NRC 
has evaluated 10 CFR Part 72 to determine which sections need to be 
modified to accommodate storage of solid GTCC waste co-located with 
spent fuel within an ISFSI or an MRS. The majority of the changes to 10 
CFR Part 72 would simply add the term ``GTCC waste'' to the appropriate 
sections and paragraphs (typically immediately after the terms ``spent 
fuel'' or ``high-level waste''). Section 72.120 would be revised to 
require that GTCC waste be in a solid form. The NRC anticipates issuing 
guidance on the storage of GTCC waste under 10 CFR Part 72 in 
conjunction with issuance of the final rule.
    10 CFR Part 150 would be modified to be consistent with the changes 
proposed for 10 CFR Part 72. The proposed change to 10 CFR Part 150 
(Exemptions and Continued Regulatory Authority in Agreement States and 
in Offshore Waters Under Section 274) would specify that any GTCC waste 
stored in an ISFSI or an MRS is under NRC jurisdiction. This Part would 
also be modified to indicate that licensing the storage of any GTCC 
waste that originates in, or is used by, a facility licensed under 10 
CFR Part 50 (a production utilization facility) is the responsibility 
of the NRC.
    The NRC will continue to recover costs for generic activities 
related to the storage of GTCC waste under 10 CFR Part 72 through 10 
CFR Part 171 annual fees assessed to the spent fuel storage/reactor 
decommissioning class of licensees. Subsequent to issuing the final 
revision to 10 CFR Part 72, 10 CFR Part 170 will be amended to clarify 
that full costs fees will be assessed for amendments and inspections 
related to the storage of GTCC waste under 10 CFR Part 72.

NRC To Maintain Authority for Reactor-Related GTCC Waste

    Section 274(c)1 of the Atomic Energy Act of 1954, as amended, 
provides that no agreement entered into by the NRC with a State ``shall 
provide for discontinuance of any authority and the Commission shall 
retain authority and responsibility with respect to regulation of--(1) 
the construction and operation of any production or utilization 
facility or any uranium enrichment facility.'' The NRC has incorporated 
this statutory prohibition into its regulations in 10 CFR 150.15(a) and 
(a)(1) which states that:

    (a) Persons in Agreement States are not exempt from the 
Commission's licensing and regulatory requirements with respect to 
the following activities:
    (1) The construction and operation of any production or 
utilization facility. As used in this subparagraph, operation of a 
facility includes, but is not limited to
    (i) the storage and handling of radioactive wastes at the 
facility site by the person licensed to operate the facility, and
    (ii) the discharge of radioactive effluents from the facility 
site.

    Specifically, with regard to the storage of reactor-related GTCC 
waste, the NRC proposes continued Federal authority over the GTCC waste 
after termination of the 10 CFR Part 50 license. Thus, under the option 
of obtaining 10 CFR Part 30 and/or 70 licenses, the GTCC waste would 
remain under Federal authority. If the option of obtaining a specific 
license under 10 CFR Part 72 is chosen, the GTCC waste would also 
remain under Federal authority. This licensing authority would be 
irrespective of the physical location of the storage facility (either 
on or off the originating reactor site).
    However, this proposed rule is not intended to change other current 
responsibilities for Class A, B, and C reactor-related LLW after 
termination of the 10 CFR Part 50 license. In addition, under 10 CFR 
72.128(b), any LLW generated by the ISFSI (or an MRS) must be treated 
and stored onsite awaiting transfer to a disposal site. The licensing 
authority for treatment and storage of ISFSI or MRS generated LLW would 
be under 10 CFR Part 72, and therefore, reserved to the NRC.
    From a practical matter, the NRC believes that because, under 
section 3(b)(1)(D) of the Low-Level Radioactive Waste Policy Amendments 
Act of 1985, the NRC must license the facility selected by DOE for 
disposal of GTCC waste, and because the NRC has jurisdiction over GTCC 
waste while the 10 CFR Part 50 facility is operated, it makes little 
sense for Agreement States to assume regulatory authority and 
responsibility over reactor-related GTCC waste that is surrounded on 
all sides by Federal regulatory authority and responsibility.

Specific Changes in Regulatory Text

    The following section is provided to assist the reader in 
understanding the specific changes made to each section or paragraph in 
10 CFR Parts 72 and 150. For clarity of content in reading a section, 
much of that particular section may be repeated, although only a minor 
change would be made. Using this section should allow the reader to 
effectively review the specific changes without reviewing existing 
material that has been included for content, but has not been 
significantly changed.
    The title to 10 CFR Part 72 would be revised to include GTCC waste.
    The following sections or paragraphs would be revised to specify 
the inclusion of GTCC waste, for clarity, or for completeness: 
Secs. 72.1, 72.2(a) and (c), 72.6(a) and (c), 72.8, 72.16(d), 
72.22(e)(3), 72.24 introductory text and (i), 72.28(d), 72.30(a), 
72.40(b), 72.44(b)(4), (c)(3)(i), (c)(5), (d) and (g)(2), 72.52(b)(2), 
(c), and (e), 72.54(c)(1), 72.60(c), 72.72(a), (b), and (d), 72.75(b), 
(c), (d)(1)(iv), and (d)(2)(ii)(L), 72.76(a), 72.78(a), 72.80(g), 
72.82(a) and (b), 72.106(b), 72.108 title and text, 72.122(b)(2), 
(h)(2), (h)(5), (i), and (l), 72.128 title and (a), and 72.140(c)(2).
    Section 72.3: The definition for GTCC waste would be added to 10 
CFR Part 72 and the definitions of Design capacity, Independent spent 
fuel storage installation or ISFSI, Monitored Retrievable Storage 
Installation or MRS, Spent fuel storage cask or cask, and Structures, 
systems, and components important to safety, would be revised to 
specify the inclusion of GTCC waste.
    Paragraph 72.24(r): This new paragraph would specify compatibility 
and suitability of storage of reactor-related GTCC waste at an ISFSI or 
MRS. This requirement would ensure that the co-location of this 
radioactive material does not have an adverse affect on the safe 
storage of spent fuel and the operation of the facility.
    Section 72.120: This section has been modified to provide some 
general considerations for the storage of GTCC waste within an ISFSI or 
MRS.
    Paragraph 150.15(a)(7)(i) and (ii): This essentially repeats the 
existing paragraphs, but would be revised for consistency with the new 
Sec. 150.15(a)(7)(iii).
    Paragraph 150.15(a)(7)(iii): This new paragraph would specify that 
the storage of reactor-related GTCC waste within an ISFSI or an MRS 
licensed pursuant to 10 CFR Part 50 and/or Part 72 is exempt from 
Agreement State authority.
    Paragraph 150.15(a)(8): This new paragraph would specify that the 
storage of reactor-related GTCC waste licensed under 10 CFR Part 30 
and/or Part 70 is exempt from Agreement State authority.
    In the NRC's proposed rule, ``Clarification and Addition of 
Flexibility to Part 72'' (64 FR 59677; November 3, 1999), additional 
changes are being proposed to 10 CFR Part 72. Some of the sections 
being revised by the ``Clarification'' rulemaking may also be changed 
to specify the inclusion of GTCC waste depending upon how this rule is 
finalized. The changes proposed in this rulemaking are based upon the

[[Page 37717]]

current 10 CFR Part 72 text. The final GTCC rulemaking will incorporate 
necessary conforming changes based on the final ``Clarification'' 
rulemaking.

Compatibility of Agreement State Regulations

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), 10 CFR Part 72 and Sec. 150.15 continue to be classified as 
compatibility Category ``NRC.'' The NRC program elements in this 
category are those that relate directly to areas of regulation reserved 
to the NRC by the Atomic Energy Act of 1954, as amended, or provisions 
of Title 10 of the Code of Federal Regulations.
    The Commission is particularly interested in the position of the 
Agreement States on issues raised in this proposed rule. Specifically, 
the Commission would like Agreement State comment on the following 
questions:
    1. What is the position of the Agreement States on NRC assuming 
jurisdiction of storage of GTCC waste generated during the operation of 
a 10 CFR Part 50 license after termination of the 10 CFR Part 50 
license?
    2. What controls and regulatory framework would the Agreement 
States envision assuming they have jurisdiction over GTCC waste 
generated during the operation under a 10 CFR Part 50 license after 
termination of the 10 CFR Part 50 license? How would the Agreement 
States plan to ensure consistency with a national regulatory scheme?
    3. The NRC staff is not aware of any current Agreement State 
license for the storage of reactor-related GTCC waste. Are there any 
such licenses within your State or are you aware of any such Agreement 
State licenses?

Plain Language

    The Presidential Memorandum dated June 1, 1998, entitled, ``Plain 
Language in Government Writing,'' directed that the Federal 
government's writing be in plain language. This memorandum was 
published June 10, 1998 (63 FR 31883). In complying with this 
directive, editorial changes have been made in the proposed revision to 
improve the organization and readability of the existing language of 
paragraphs being revised. These types of changes are not discussed 
further in this document. The NRC requests comments on the proposed 
rule specifically with respect to the clarity and effectiveness of the 
language used. Comments should be sent to the address listed under the 
ADDRESSES heading.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, Pub. 
L. 104-113, requires that agencies use technical standards that are 
developed or adopted by voluntary consensus standard bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. In this proposed rule, the NRC is presenting amendments to 
its regulations that would allow the licensing of interim storage of 
GTCC waste. This action does not constitute the establishment of a 
standard that establishes generally-applicable requirements and the use 
of a voluntary consensus standard is not applicable.

Finding of No Significant Environmental Impact: Availability

    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, if adopted, would not be a 
major Federal action significantly affecting the quality of the human 
environment, and therefore, an environmental impact statement is not 
required. The proposed rule would provide reactor licensees an 
additional option of storing GTCC waste under a 10 CFR Part 72 license 
using spent fuel storage criteria of that part. Storage of GTCC waste 
at an ISFSI or an MRS would be in a passive mode with no human 
intervention needed for safe storage. The draft Environmental 
Assessment determined that there is no significant environmental impact 
as a result of the proposed changes.
    The NRC has sent a copy of the draft environmental assessment and 
this proposed rule to every State Liaison Officer and every Agreement 
State and requested their comments on the environmental assessment. The 
draft environmental assessment and finding of no significant impact on 
which this determination is based are available for inspection at the 
NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, 
DC. Single copies of the environmental assessment and the finding of no 
significant impact are available from Mark Haisfield, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6196.

Paperwork Reduction Act Statement

    This proposed rule amends information collection requirements that 
are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). This rule has been submitted to the Office of Management and 
Budget for review and approval of the information collection 
requirements.
    The public reporting burden for this information collection is 
estimated to average 120 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection. The U.S. Nuclear Regulatory Commission is 
seeking public comment on the potential impact of the information 
collections contained in the proposed rule and on the following issues:
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection be minimized, 
including the use of automated collection techniques?
    Send comments on any aspect of this proposed information 
collection, including suggestions for reducing the burden, to the 
Records Management Branch (T-6 E6), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, or by Internet electronic mail at 
<a href="/cdn-cgi/l/email-protection#6e2c243d5f2e203c2d40292138"><span class="__cf_email__" data-cfemail="480a021b7908061a0b660f071e">[email protected]</span></a>; and to the Desk Officer, Office of Information and 
Regulatory Affairs, NEOB-10202, (3150-0132), Office of Management and 
Budget, Washington, DC 20503.
    Comments to OMB on the information collections or on the above 
issues should be submitted by July 17, 2000. Comments received after 
this date will be considered if it is practical to do so, but assurance 
of consideration cannot be given to comments received after this date.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    The Commission has prepared a draft regulatory analysis on this 
proposed regulation. The analysis examines the costs and benefits of 
the alternatives considered by the Commission. The draft analysis is 
available for inspection

[[Page 37718]]

in the NRC Public Document Room, 2120 L Street NW. (Lower Level), 
Washington, DC. Single copies of the draft analysis may be obtained 
from Mark Haisfield, Office of Nuclear Material Safety and Safeguards, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone (301) 415-6196.
    The Commission requests public comment on the draft regulatory 
analysis. Comments on the draft analysis may be submitted to the NRC as 
indicated under the ADDRESSES heading.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this rule, if adopted, will not 
have a significant economic impact upon a substantial number of small 
entities. The proposed amendments would apply to reactor licensees, 
ISFSI licensees, certificate holders, applicants for a Certificate of 
Compliance, and DOE. The majority, if not all, of these licensees would 
not qualify as small entities under the NRC's size standards (10 CFR 
2.810).
    Any small entity subject to this regulation which determines that, 
because of its size, it is likely to bear a disproportionate adverse 
economic impact should notify the Commission of this in a comment that 
indicates the following:
    (a) The licensee's size and how the proposed regulation would 
result in a significant economic burden upon the licensee as compared 
to the economic burden on a larger licensee.
    (b) How the proposed regulations could be modified to take into 
account the licensee's differing needs or capabilities.
    (c) The benefits that would accrue, or the detriments that would be 
avoided, if the proposed regulations were modified as suggested by the 
licensee.
    (d) How the proposed regulation, as modified, would more closely 
equalize the impact of regulations or create more equal access to the 
benefits of Federal programs as opposed to providing special advantages 
to any individual or group.
    (e) How the proposed regulation, as modified, would still 
adequately protect public health and safety.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109 and 
72.62, do not apply to this proposed rule, and therefore, a backfit 
analysis is not required because these amendments do not involve any 
provisions that would impose backfits as defined in 10 CFR 50.109(a)(1) 
or 72.62(a). This proposed rule would not require licensees to use 10 
CFR Part 72 to store GTCC waste. It provides a practical option with 
criteria that licensees may use. It does not preclude, or change, use 
of 10 CFR Parts 30 and 70 as a licensing mechanism to store GTCC waste. 
The NRC anticipates that storage of GTCC waste licensed under 10 CFR 
Part 72 can simplify the licensing process, for both licensees and the 
NRC, with no significant impact to public health and safety or the 
environment.

List of Subjects

10 CFR Part 72

    Criminal penalties, Manpower training programs, Nuclear materials, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Security measures, Spent fuel.

10 CFR Part 150

    Criminal penalties, Hazardous materials transportation, 
Intergovernmental relations, Nuclear materials, Reporting and 
recordkeeping requirements, Security measures, Source material, Special 
nuclear material.
    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, and 5 U.S.C. 553, the NRC is proposing to 
adopt the following amendments to 10 CFR Parts 72 and 150.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

    1. The heading of Part 72 is revised to read as presented above:
    2. The authority citation for Part 72 continues 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. 295 as amended by Pub. L. 102-486, 
sec 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190, 
83 Stat. (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. 
935 (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, 2244 (42 U.S.C. 10101, 
10137(a), 10161(h). Subparts K and L are also issued under sec. 133, 
96 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 
U.S.C. 10198).

    3. Section 72.1 is revised to read as follows:


Sec. 72.1  Purpose.

    The regulations in this part establish requirements, procedures, 
and criteria for the issuance of licenses to receive, transfer, and 
possess power reactor spent fuel, power reactor-related greater than 
class C (GTCC) waste, and other radioactive materials associated with 
spent fuel storage in an independent spent fuel storage installation 
(ISFSI) and the terms and conditions under which the Commission will 
issue these licenses. The regulations in this part also establish 
requirements, procedures, and criteria for the issuance of licenses to 
the Department of Energy (DOE) to receive, transfer, package, and 
possess power reactor spent fuel, high-level radioactive waste, power 
reactor-related GTCC waste, and other radioactive materials associated 
with the storage of these materials in a monitored retrievable storage 
installation (MRS). The term Monitored Retrievable Storage Installation 
or MRS, as defined Sec. 72.3, is derived from the NWPA and includes any 
installation that meets this definition. The regulations in this part 
also establish requirements, procedures, and criteria for the issuance 
of Certificates of Compliance approving spent fuel storage cask 
designs.
    4. Section 72.2 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec. 72.2  Scope.

    (a) Except as provided in Sec. 72.6(b), licenses issued under this 
part are limited to the receipt, transfer, packaging, and possession 
of:
    (1) Power reactor spent fuel and power reactor-related GTCC waste 
to be stored in a complex that is designed and constructed specifically 
for storage of power reactor spent fuel aged for at least one year, 
reactor-related GTCC waste in a solid form, and other radioactive 
materials associated with spent fuel storage in an independent spent 
fuel storage installation (ISFSI); or

[[Page 37719]]

    (2) Power reactor spent fuel and power reactor-related GTCC waste 
to be stored in a monitored retrievable storage installation (MRS) 
owned by DOE that is designed and constructed specifically for the 
storage of spent fuel aged for at least one year, high-level 
radioactive waste that is in a solid form, reactor-related GTCC waste 
that is in a solid form, and other radioactive materials associated 
with storage of these materials.
* * * * *
    (c) The requirements of this regulation are applicable, as 
appropriate, to both wet and dry modes of storage of--
    (1) Spent fuel and solid reactor-related GTCC waste in an 
independent spent fuel storage installation (ISFSI); and
    (2) Spent fuel, solid high-level radioactive waste, and solid 
reactor-related GTCC waste in a monitored retrievable storage 
installation (MRS).
* * * * *
    5. Section 72.3 is amended by adding a definition, in its proper 
alphabetic order, of the term Greater than class C waste, and revising 
the definitions of Design capacity, Independent spent fuel storage 
installation or ISFSI, Monitored Retrievable Storage Installation or 
MRS, Spent fuel storage cask or cask, and Structures, systems, and 
components important to safety, to read as follows:


Sec. 72.3  Definitions.

* * * * *
    Design capacity means the quantity of spent fuel, high-level 
radioactive waste, or reactor-related GTCC waste, the maximum burn up 
of the spent fuel in MWD/MTU, the terabequerel (curie) content of the 
waste, and the total heat generation in Watts (btu/hour) that the 
storage installation is designed to accommodate.
* * * * *
    Greater than class C waste or GTCC waste means low-level 
radioactive waste that exceeds the concentration limits of 
radionuclides established for Class C waste in Sec. 61.55 of this 
chapter.
* * * * *
    Independent spent fuel storage installation or ISFSI means a 
complex designed and constructed for the interim storage of spent 
nuclear fuel, solid reactor-related GTCC waste, and other radioactive 
materials associated with spent fuel and reactor-related GTCC waste 
storage. An ISFSI which is located on the site of another facility 
licensed under this part or a facility licensed under Part 50 of this 
chapter and which shares common utilities and services with that 
facility or is physically connected with that other facility may still 
be considered independent.
* * * * *
    Monitored Retrievable Storage Installation or MRS means a complex 
designed, constructed, and operated by DOE for the receipt, transfer, 
handling, packaging, possession, safeguarding, and storage of spent 
nuclear fuel aged for at least one year, solidified high-level 
radioactive waste resulting from civilian nuclear activities, and solid 
reactor-related GTCC waste, pending shipment to a HLW repository or 
other disposal.
* * * * *
    Spent fuel storage cask or cask means all the components and 
systems associated with the container in which spent fuel, other 
radioactive materials associated with spent fuel, or reactor-related 
GTCC waste are stored in an ISFSI.
* * * * *
    Structures, systems, and components important to safety means those 
features of the ISFSI, MRS, and spent fuel storage cask whose functions 
are--
    (1) To maintain the conditions required to store spent fuel, high-
level radioactive waste, or reactor-related GTCC waste safely;
    (2) To prevent damage to the spent fuel, the high-level radioactive 
waste, or reactor-related GTCC waste container during handling and 
storage; or
    (3) To provide reasonable assurance that spent fuel, high-level 
radioactive waste, or reactor-related GTCC waste can be received, 
handled, packaged, stored, and retrieved without undue risk to the 
health and safety of the public.
* * * * *
    6. Section 72.6 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec. 72.6  License required; types of licenses.

    (a) Licenses for the receipt, handling, storage, and transfer of 
spent fuel, high-level radioactive waste, or reactor-related GTCC waste 
are of two types: general and specific. Any general license provided in 
this part is effective without the filing of an application with the 
Commission or the issuance of a licensing document to a particular 
person. A specific license is issued to a named person upon application 
filed under the regulations in this part.
* * * * *
    (c) Except as authorized in a specific license and in a general 
license under subpart K of this part issued by the Commission in 
accordance with the regulations in this part, no person may acquire, 
receive, or possess--
    (1) Spent fuel or reactor-related GTCC waste for the purpose of 
storage in an ISFSI; or
    (2) Spent fuel, high-level radioactive waste, radioactive material 
associated with high-level radioactive waste, or reactor-related GTCC 
waste for the purpose of storage in an MRS.
    7. Section 72.8 is revised to read as follows:


Sec. 72.8  Denial of licensing by Agreement States.

    Agreement States may not issue licenses covering the storage of 
spent fuel and reactor-related GTCC waste in an ISFSI or the storage of 
spent fuel, high-level radioactive waste, and reactor-related GTCC 
waste in an MRS.
    8. Section 72.16 is amended by revising paragraph (d) to read as 
follows:


Sec. 72.16  Filing of application for specific license.

* * * * *
    (d) Fees. The application, amendment, and renewal fees applicable 
to a license covering an ISFSI are those shown in Sec. 170.31 of this 
chapter.
* * * * *
    9. Section 72.22 is amended by revising paragraph (e)(3) to read as 
follows:


Sec. 72.22  Contents of application: General and financial information.

* * * * *
    (e) * * *
    (3) Estimated decommissioning costs, and the necessary financial 
arrangements to provide reasonable assurance before licensing, that 
decommissioning will be carried out after the removal of spent fuel, 
high-level radioactive waste, and/or reactor-related GTCC waste from 
storage.
    10. Section 72.24 is amended by revising the introductory paragraph 
and paragraph (i) and adding a new paragraph (r) to read as follows:


Sec. 72.24  Contents of application: Technical information.

    Each application for a license under this part must include a 
Safety Analysis Report describing the proposed ISFSI or MRS for the 
receipt, handling, packaging, and storage of spent fuel, high-level 
radioactive waste, and/or reactor-related GTCC waste as appropriate, 
including how the ISFSI or MRS will be operated. The minimum 
information to be included in this report must consist of the 
following:
* * * * *
    (i) If the proposed ISFSI or MRS incorporates structures, systems, 
or

[[Page 37720]]

components important to safety whose functional adequacy or reliability 
have not been demonstrated by prior use for that purpose or cannot be 
demonstrated by reference to performance data in related applications 
or to widely accepted engineering principles, an identification of 
these structures, systems, or components along with a schedule showing 
how safety questions will be resolved prior to the initial receipt of 
spent fuel, high-level radioactive waste, and/or reactor-related GTCC 
waste as appropriate for storage at the ISFSI or MRS.
* * * * *
    (r) A description of the compatibility and suitability of the 
reactor-related GTCC waste with the ISFSI or MRS.
    11. Section 72.28 is amended by revising paragraph (d) to read as 
follows:


Sec. 72.28  Contents of application: Applicant's technical 
qualifications.

* * * * *
    (d) A commitment by the applicant to have and maintain an adequate 
complement of trained and certified installation personnel prior to the 
receipt of spent fuel, high-level radioactive waste, and/or reactor-
related GTCC waste as appropriate for storage.
    12. Section 72.30 is amended by revising paragraph (a) to read as 
follows:


Sec. 72.30  Financial assurance and recordkeeping for decommissioning.

    (a) Each application under this part must include a proposed 
decommissioning plan that contains sufficient information on proposed 
practices and procedures for the decontamination of the site and 
facilities and for disposal of residual radioactive materials after all 
spent fuel, high-level radioactive waste, and reactor-related GTCC 
waste has been removed, in order to provide reasonable assurance that 
the decontamination and decommissioning of the ISFSI or MRS at the end 
of its useful life will provide adequate protection to the health and 
safety of the public. This plan must identify and discuss those design 
features of the ISFSI or MRS that facilitate its decontamination and 
decommissioning at the end of its useful life.
* * * * *
    13. Section 72.40 is amended by revising paragraph (b) to read as 
follows:


Sec. 72.40  Issuance of license.

* * * * *
    (b) A license to store spent fuel and reactor-related GTCC waste in 
the proposed ISFSI or to store spent fuel, high-level radioactive 
waste, and reactor-related GTCC waste in the proposed MRS may be denied 
if construction on the proposed facility begins before a finding 
approving issuance of the proposed license with any appropriate 
conditions to protect environmental values.
* * * * *
    14. Section 72.44 is amended by revising paragraphs (b)(4), 
(c)(3)(i), (c)(5), the introductory text of paragraph (d), and (g)(2) 
to read as follows:


Sec. 72.44  License conditions.

* * * * *
    (b) * * *
    (4) The licensee shall have an NRC-approved program in effect that 
covers the training and certification of personnel that meets the 
requirements of subpart I before the licensee may receive spent fuel 
and/or reactor-related GTCC waste for storage at an ISFSI or the 
receipt of spent fuel, high-level radioactive waste, and/or reactor-
related GTCC waste for storage at an MRS.
* * * * *
    (c) * * *
    (3) * * *
    (i) Inspection and monitoring of spent fuel, high-level radioactive 
waste, or reactor-related GTCC waste in storage;
* * * * *
    (5) Administrative controls. Administrative controls include the 
organization and management procedures, recordkeeping, review and 
audit, and reporting requirements necessary to assure that the 
operations involved in the storage of spent fuel and reactor-related 
GTCC waste in an ISFSI and the storage of spent fuel, high-level 
radioactive waste, and reactor-related GTCC waste in an MRS are 
performed in a safe manner.
    (d) Each license authorizing the receipt, handling, and storage of 
spent fuel, high-level radioactive waste, and/or reactor-related GTCC 
waste under this part must include technical specifications that, in 
addition to stating the limits on the release of radioactive materials 
for compliance with limits of part 20 of this chapter and the ``as low 
as is reasonably achievable'' objectives for effluents, require that:
* * * * *
    (g) * * *
    (2) Construction of the MRS or acceptance of spent nuclear fuel, 
high-level radioactive waste, and/or reactor-related GTCC waste at the 
MRS is prohibited during such time as the repository license is revoked 
by the Commission or construction of the repository ceases.
* * * * *
    15. Section 72.52 is amended by revising paragraphs (b)(2), (c), 
and (e) to read as follows:


Sec. 72.52  Creditor regulations.

* * * * *
    (b) * * *
    (2) That no creditor so secured may take possession of the spent 
fuel and/or reactor-related GTCC waste under the provisions of this 
section before --
    (i) The Commission issues a license authorizing possession; or
    (ii) The license is transferred.
    (c) Any creditor so secured may apply for transfer of the license 
covering spent fuel and/or reactor-related GTCC waste by filing an 
application for transfer of the license under Sec. 72.50(b). The 
Commission will act upon the application under Sec. 72.50(c).
* * * * *
    (e) As used in this section, ``creditor'' includes, without implied 
limitation --
    (1) The trustee under any mortgage, pledge, or lien on spent fuel 
and/or reactor-related GTCC waste in storage made to secure any 
creditor;
    (2) Any trustee or receiver of spent fuel and/or reactor-related 
GTCC waste appointed by a court of competent jurisdiction in any action 
brought for the benefit of any creditor secured by a mortgage, pledge, 
or lien;
    (3) Any purchaser of the spent fuel and/or reactor-related GTCC 
waste at the sale thereof upon foreclosure of the mortgage, pledge, or 
lien or upon exercise of any power of sale contained therein; or
    (4) Any assignee of any such purchaser.
    16. Section 72.54 is amended by revising paragraph (c)(1) to read 
as follows:


Sec. 72.54  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

* * * * *
    (c) * * *
    (1) Limit actions involving spent fuel, reactor-related GTCC waste, 
or other licensed material to those related to decommissioning; and
* * * * *
    17. Section 72.60 is amended by revising paragraph (c) to read as 
follows:


Sec. 72.60  Modification, revocation, and suspension of license.

* * * * *
    (c) Upon revocation of a license, the Commission may immediately 
cause the retaking of possession of all special nuclear material 
contained in spent fuel and/or reactor-related GTCC waste held by the 
licensee. In cases found by the Commission to be of extreme

[[Page 37721]]

importance to the national defense and security or to the health and 
safety of the public, the Commission may cause the taking of possession 
of any special nuclear material contained in spent fuel and/or reactor-
related GTCC waste held by the licensee before following any of the 
procedures provided under sections 551-558 of title 5 of the United 
States Code.
    18. Section 72.72 is amended by revising paragraphs (a), (b), and 
(d) to read as follows:


Sec. 72.72  Material balance, inventory, and records requirements for 
stored materials.

    (a) Each licensee shall keep records showing the receipt, inventory 
(including location), disposal, acquisition, and transfer of all spent 
fuel, high-level radioactive waste, and reactor-related GTCC waste 
containing special nuclear material in storage. The records must 
include as a minimum the name of shipper of the material to the ISFSI 
or MRS, the estimated quantity of radioactive material per item 
(including special nuclear material in spent fuel and reactor-related 
GTCC waste), item identification and seal number, storage location, 
onsite movements of each fuel assembly or storage canister, and 
ultimate disposal. These records for spent fuel and reactor-related 
GTCC waste at an ISFSI or for spent fuel, high-level radioactive waste, 
and reactor-related GTCC waste at an MRS must be retained for as long 
as the material is stored and for a period of five years after the 
material is disposed of or transferred out of the ISFSI or MRS.
    (b) Each licensee shall conduct a physical inventory of all spent 
fuel, high-level radioactive waste, and reactor-related GTCC waste 
containing special nuclear material in storage at intervals not to 
exceed 12 months unless otherwise directed by the Commission. The 
licensee shall retain a copy of the current inventory as a record until 
the Commission terminates the license.
* * * * *
    (d) Records of spent fuel, high-level radioactive waste, and 
reactor-related GTCC waste containing special nuclear material in 
storage must be kept in duplicate. The duplicate set of records must be 
kept at a separate location sufficiently remote from the original 
records that a single event would not destroy both sets of records. 
Records of spent fuel or reactor-related GTCC waste containing special 
nuclear material transferred out of an ISFSI or of spent fuel, high-
level radioactive waste, or reactor-related GTCC waste containing 
special nuclear material transferred out of an MRS must be preserved 
for a period of five years after the date of transfer.
    19. Section 72.75 is amended by revising the introductory text of 
paragraphs (b) and (c), paragraphs (b)(2), (b)(3), (b)(6), (d)(1)(iv), 
and (d)(2)(ii)(L) to read as follows:


Sec. 72.75  Reporting requirements for specific events and conditions.

* * * * *
    (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, HLW, or reactor-related GTCC waste:
* * * * *
    (2) A defect in any storage structure, system, or component which 
is important to safety.
    (3) A significant reduction in the effectiveness of any storage 
confinement system during use.
* * * * *
    (6) An unplanned fire or explosion damaging any spent fuel, HLW, 
and/or reactor-related GTCC waste, or any device, container, or 
equipment containing spent fuel, HLW, and/or reactor-related GTCC waste 
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, HLW, or reactor-
related GTCC waste:
* * * * *
    (d) * * *
    (1) * * *
    (iv) The quantities, and chemical and physical forms of the spent 
fuel, HLW, or reactor-related GTCC waste involved; and
* * * * *
    (2) * * *
    (ii) * * *
    (L) The quantities and chemical and physical forms of the spent 
fuel, HLW, or reactor-related GTCC waste involved;
* * * * *
    20. Section 72.76 is amended by revising paragraph (a) to read as 
follows:


Sec. 72.76  Material status reports.

    (a) Except as provided in paragraph (b) of this section, each 
licensee shall complete, in computer-readable format, and submit to the 
Commission a material status report in accordance with instructions 
(NUREG/BR-0007 and NMMSS Report D-24 ``Personal Computer Data Input for 
NRC Licensees''). Copies of these instructions may be obtained from the 
U.S. Nuclear Regulatory Commission, Division of Fuel Cycle Safety and 
Safeguards, Washington, DC 20555 -0001. These reports provide 
information concerning the special nuclear material contained in the 
spent fuel and reactor-related GTCC waste possessed, received, 
transferred, disposed of, or lost by the licensee. Material status 
reports must be made as of March 31 and September 30 of each year and 
filed within 30 days after the end of the period covered by the report. 
The Commission may, when good cause is shown, permit a licensee to 
submit material status reports at other times. The Commission's copy of 
this report must be submitted to the address specified in the 
instructions. These prescribed computer-readable forms replace the DOE/
NRC Form 742 which has been previously submitted in paper form.
* * * * *
    21. Section 72.78 is amended by revising paragraph (a) to read as 
follows:


Sec. 72.78  Nuclear material transfer reports.

    (a) Except as provided in paragraph (b) of this section, whenever 
the licensee transfers or receives spent fuel or GTCC waste containing 
special nuclear material, the licensee shall complete in computer-
readable format a Nuclear Material Transaction Report in accordance 
with instructions (NUREG/BR-0006 and NMMSS Report D-24, ``Personal 
Computer Data Input for NRC Licensees''). Copies of these instructions 
may be obtained from the U.S. Nuclear Regulatory Commission, Division 
of Fuel Cycle Safety and Safeguards, Washington, DC 20555-0001. Each 
ISFSI licensee who receives spent fuel from a foreign source shall 
complete both the supplier's and receiver's portion of the Nuclear 
Material Transaction Report, verify the identity of the spent fuel, and 
indicate the results on the receiver's portion of the form. These 
prescribed computer-readable forms replace the DOE/NRC Form 741 which 
has been previously submitted in paper form.
* * * * *
    22. Section 72.80 is amended by revising paragraph (g) to read as 
follows:


Sec. 72.80  Other records and reports.

* * * * *
    (g) Each specific licensee shall notify the Commission, in 
accordance with Sec. 72.4, of its readiness to begin operation at least 
90 days prior to the first storage of spent fuel, high-level waste, or 
reactor-related GTCC waste in an ISFSI or MRS.
    23. Section 72.82 is amended by revising paragraphs (a) and (b) to 
read as follows:

[[Page 37722]]

Sec. 72.82  Inspections and tests.

    (a) Each licensee under this part shall permit duly authorized 
representatives of the Commission to inspect its records, premises, and 
activities and of spent fuel, high-level radioactive waste, or reactor-
related GTCC waste in its possession related to the specific license as 
may be necessary to meet the objectives of the Act, including section 
105 of the Act.
    (b) Each licensee under this part shall make available to the 
Commission for inspection, upon reasonable notice, records kept by the 
licensee pertaining to its receipt, possession, packaging, or transfer 
of spent fuel, high-level radioactive waste, or reactor-related GTCC 
waste.
* * * * *
    24. Section 72.106 is amended by revising paragraph (b) to read as 
follows:


Sec. 72.106  Controlled area of an ISFSI or MRS.

* * * * *
    (b) Any individual located on or beyond the nearest boundary of the 
controlled area may not receive from any design basis accident the more 
limiting of a total effective dose equivalent of 0.05 Sv (5 rem), or 
the sum of the deep-dose equivalent and the committed dose equivalent 
to any individual organ or tissue (other than the lens of the eye) of 
0.5 Sv (50 rem). The lens dose equivalent may not exceed 0.15 Sv (15 
rem) and the shallow dose equivalent to skin or any extremity may not 
exceed 0.5 Sv (50 rem). The minimum distance from the spent fuel, high-
level radioactive waste, or reactor-related GTCC waste handling and 
storage facilities to the nearest boundary of the controlled area must 
be at least 100 meters.
* * * * *
    25. Section 72.108 is revised to read as follows:


Sec. 72.108  Spent fuel, high-level radioactive waste, or reactor-
related greater than class C waste transportation.

    The proposed ISFSI or MRS must be evaluated with respect to the 
potential impact on the environment of the transportation of spent 
fuel, high-level radioactive waste, or reactor-related GTCC waste 
within the region.
    26. Section 72.120 is revised to read as follows:


Sec. 72.120  General considerations.

    (a) As required by Sec. 72.24, an application to store spent fuel 
or reactor-related GTCC waste in an ISFSI or to store spent fuel, high-
level radioactive waste, or reactor-related GTCC waste in an MRS must 
include the design criteria for the proposed storage installation. 
These design criteria establish the design, fabrication, construction, 
testing, maintenance and performance requirements for structures, 
systems, and components important to safety as defined in Sec. 72.3. 
The general design criteria identified in this subpart establish 
minimum requirements for the design criteria for an ISFSI or MRS. Any 
omissions in these general design criteria do not relieve the applicant 
from the requirement of providing the necessary safety features in the 
design of the ISFSI or MRS.
    (b) The ISFSI must be designed to store spent fuel and/or solid 
reactor-related GTCC waste. Liquid reactor-related GTCC wastes may not 
be received or stored in an ISFSI. If the ISFSI is a water-pool type 
facility, the reactor-related GTCC waste must be in a durable solid 
form with demonstrable leach resistance.
    (c) The MRS must be designed to store spent fuel, solid high-level 
radioactive waste, and/or solid reactor-related GTCC waste. Liquid 
high-level radioactive wastes or liquid reactor-related GTCC wastes may 
not be received or stored in an MRS. If the MRS is a water-pool type 
facility, the high-level waste and reactor-related GTCC waste must be 
in a durable solid form with demonstrable leach resistance.
    (d) The ISFSI or MRS must be designed, made of materials, and 
constructed to ensure that there will be no significant chemical, 
galvanic, or other reactions between or among the storage system 
components, spent fuel, reactor-related GTCC waste, and/or high level 
waste including possible reaction with water during wet loading and 
unloading operations or during storage in a water-pool type ISFSI or 
MRS. The behavior of materials under irradiation and thermal conditions 
must be taken into account.
    27. Section 72.122 is amended by revising paragraphs (b)(2), 
(h)(2), (h)(5), (i) and (l) to read as follows:


Sec. 72.122  Overall requirements.

* * * * *
    (b) * * *
    (2)(i) Structures, systems, and components important to safety must 
be designed to withstand the effects of natural phenomena such as 
earthquakes, tornadoes, lightning, hurricanes, floods, tsunami, and 
seiches, without impairing their capability to perform their intended 
design functions. The design bases for these structures, systems, and 
components must reflect:
    (A) Appropriate consideration of the most severe of the natural 
phenomena reported for the site and surrounding area, with appropriate 
margins to take into account the limitations of the data and the period 
of time in which the data have accumulated, and
    (B) Appropriate combinations of the effects of normal and accident 
conditions and the effects of natural phenomena.
    (ii) The ISFSI or MRS should also be designed to prevent massive 
collapse of building structures or the dropping of heavy objects as a 
result of building structural failure on the spent fuel, high-level 
radioactive waste, or reactor-related GTCC waste or on to structures, 
systems, and components important to safety.
* * * * *
    (h) * * *
    (2) For underwater storage of spent fuel, high-level radioactive 
waste, or reactor-related GTCC waste in which the pool water serves as 
a shield and a confinement medium for radioactive materials, systems 
for maintaining water purity and the pool water level must be designed 
so that any abnormal operations or failure in those systems from any 
cause will not cause the water level to fall below safe limits. The 
design must preclude installations of drains, permanently connected 
systems, and other features that could, by abnormal operations or 
failure, cause a significant loss of water. Pool water level equipment 
must be provided to alarm in a continuously manned location if the 
water level in the storage pools falls below a predetermined level.
* * * * *
    (5) The high-level radioactive waste and reactor-related GTCC waste 
must be packaged in a manner that allows handling and retrievability 
without the release of radioactive materials to the environment or 
radiation exposures in excess of Part 20 limits. The package must be 
designed to confine the high-level radioactive waste for the duration 
of the license.
    (i) Instrumentation and control systems. Instrumentation and 
control systems for wet spent fuel and reactor-related GTCC waste 
storage must be provided to monitor systems that are important to 
safety over anticipated ranges for normal operation and off-normal 
operation. Those instruments and control systems that must remain 
operational under accident conditions must be identified in the Safety 
Analysis Report. Instrumentation systems for dry storage casks must be 
provided in accordance with cask design requirements to monitor

[[Page 37723]]

conditions that are important to safety over anticipated ranges for 
normal conditions and off-normal conditions. Systems that are required 
under accident conditions must be identified in the Safety Analysis 
Report.
* * * * *
    (l) Retrievability. Storage systems must be designed to allow ready 
retrieval of spent fuel, high-level radioactive waste, and reactor-
related GTCC waste for further processing or disposal.
    28. Section 72.128 is amended by revising the heading and the 
introductory text of paragraph (a) to read as follows:


Sec. 72.128  Criteria for spent fuel, high-level radioactive waste, 
reactor-related greater than class C waste, and other radioactive waste 
storage and handling.

    (a) Spent fuel, high-level radioactive waste, and reactor-related 
GTCC waste storage and handling systems. Spent fuel storage, high-level 
radioactive waste storage, reactor-related GTCC waste storage and other 
systems that might contain or handle radioactive materials associated 
with spent fuel, high-level radioactive waste, or reactor-related GTCC 
waste, must be designed to ensure adequate safety under normal and 
accident conditions. These systems must be designed with--
* * * * *
    29. Section 72.140 is amended by revising paragraph (c)(2) to read 
as follows:


Sec. 72.140  Quality assurance requirements.

* * * * *
    (c) * * *
    (2) Each licensee shall obtain Commission approval of its quality 
assurance program prior to receipt of spent fuel and/or reactor-related 
GTCC waste at the ISFSI or spent fuel, high-level radioactive waste, 
and/or reactor-related GTCC waste at the MRS.
* * * * *

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN 
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

    30. The authority citation for Part 150 continues to read as 
follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as 
amended (42 U.S.C. 5841).
    Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued 
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 
U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. 
L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 
150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). 
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 
2282).

    31. Section 150.15 is amended by revising paragraph (a)(7) and 
adding a new paragraph (a)(8) to read as follows:


Sec. 150.15  Persons not exempt.

    (a) * * *
    (7) The storage of:
    (i) Spent fuel in an independent spent fuel storage installation 
(ISFSI) licensed under Part 72 of this chapter,
    (ii) Spent fuel and high-level radioactive waste in a monitored 
retrievable storage installation (MRS) licensed under Part 72 of this 
chapter, or
    (iii) Greater than class C waste, as defined in Part 72 of this 
chapter. In an ISFSI or MRS licensed under Part 72 of this chapter, the 
GTCC waste must originate in, or be used by, a facility licensed under 
Part 50 of this chapter.
    (8) Greater than class C waste, as defined in Part 72 of this 
chapter, that originates in, or be used by, a facility licensed under 
Part 50 of this chapter and is licensed under Part 30 and/or Part 70 of 
this chapter.
* * * * *

    Dated at Rockville, Maryland, this 9th day of June, 2000.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 00-15054 Filed 6-15-00; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>