Issue Date: 11/08/01
NRC Inspection Manual NMSS/FCSS
To define the requirements and provide policy guidance for the inspection of activities for which a license or Certificate of Compliance (CoC) has been issued under 10 CFR Part 72, for the dry storage of spent reactor fuel and other radioactive materials associated with spent fuel storage at an independent spent fuel storage installation (ISFSI). This inspection manual chapter (IMC) covers all activities related to dry storage ISFSIs, including: operations, maintenance, surveillance testing, preoperational testing, design control, fabrication, and construction. Guidance on scheduling inspections is contained Appendices A and B. The Fort St Vrain Modular Vault Dry Storage system is an ISFSI and is within the scope of this IMC. The guidance contained in Appendix B of this IMC may also be used for the inspection of a monitored retrievable storage (MRS) facility.
| 02.01 | To establish the general policy and responsibilities for the inspection of ISFSIs. |
| 02.02 | To establish the general policy and responsibilities for the inspection of ISFSIs. |
| 02.03 | To define the program for inspecting ISFSIs and related activities |
| 03.01 | ISFSI. An independent spent fuel storage installation is a complex (facility) designed and constructed for the interim storage of spent nuclear fuel and other radioactive materials associated with the spent fuel (10 CFR 72.3). Spent fuel must have aged for a minimum of at least 1 year before it is placed in an ISFSI (10 CFR 72.2(a)(1)). However, the minimum aging period may be longer, depending on the thermal design limitations of the dry cask storage system (DCSS) being used. ISFSIs may be initially licensed for a period up to 20 years. The license may also be renewed for an additional 20 years. The term ISFSI refers to the facility authorized for storage of spent nuclear fuel under Part 72 and includes the storage pad, the storage containers, and any support facilities. However, if the ISFSI is located at a reactor site, it does not include any structures, facilities, or services that are part of the 10 CFR Part 50 license, unless they are identified as being shared jointly. Additional background information on ISFSIs may be found in Reference 07.01. | |
| 03.02 | DCSS. Dry cask storage system is the term used to describe the physical container (cask or canister) holding the spent fuel and is a component of the ISFSI. An ISFSI may contain several DCSS' of different design. | |
| 03.03 | MRS. A monitored retrievable storage installation is a complex designed, constructed, and operated by the Department of Energy under the Nuclear Waste Policy Act of 1987 (NWPA) for the receipt, transfer, handling, packaging, possession, safeguarding, and storage of spent nuclear fuel and solidified high-level radioactive waste resulting from civilian nuclear activities (10 CFR 72.3). | |
| 03.04 | For this inspection program, four different entities will be discussed. | |
| a. | Licensee. An organization that is operating an ISFSI for the storage of spent fuel and other radioactive materials associated with spent fuel under a Part 72 license. The licensee is ultimately responsible for ensuring that the ISFSI is designed, fabricated, constructed, and operated in accordance with the requirements contained in Part 72 and the site-specific license or the general license CoC. The licensee may fabricate DCSS components or construct ISFSI structures, such as the storage pad. | |
| b. | Vendor. An organization, typically independent from the licensee, that is responsible for the design of a particular DCSS and ensuring that design commitments contained in the safety analysis report (SAR) are met during the fabrication of the DCSS. For a general license ISFSI, the vendor is also typically the CoC holder for the DCSS. For a site-specific license ISFSI, there is no CoC, and the SAR contains the relevant information on the design and fabrication of the specific DCSS being used. Regardless of the type of license, the vendor is also responsible for ensuring that the DCSS is designed and fabricated in accordance with the applicable requirements. | |
| c. | CoC Holder. A vendor that has obtained Nuclear Regulatory Commission (NRC) approval for a specific DCSS under Part 72, Subpart L. The issuance of a CoC to the vendor authorizes the use of the DCSS in an ISFSI under the general license. | |
| d. | Fabricator. An organization that is physically building the DCSS components and receives design oversight from either the vendor, licensee, or both. The fabricator is responsible for manufacturing the DCSS in accordance with the vendor's requirements and drawings. | |
| 03.05 | There are two types of licenses governed by Part 72 - a general license or a site-specific license (10 CFR 72.6). | |
| a. | General License. Any person issued a license under 10 CFR Part 50 to possess or operate nuclear power reactors is also issued a general license under Part 72, Subpart K, to store spent fuel at an ISFSI located at that power reactor site. This general license authorizes the use of a DCSS that has been previously approved under Part 72, Subpart L. | |
| b. | Site-Specific License. Any person or entity may submit an application under Part 72 for a site-specific ISFSI license. The application should contain detailed information on the ISFSI's site characteristics and the particular DCSS to be used. Under a site-specific license any DCSS design can be used at any location. While a site-specific Part 72 license is independent from a co-located Part 50 reactor license, some structures, systems, and programs--that are part of the licensing basis for the reactor license--may be shared. | |
| 03.06 | Away-from-Reactor (AFR). For the purposes of this IMC, an AFR ISFSI is defined as a site-specific licensed ISFSI that is located outside the site boundaries (property lines) for any power reactor licensed under Part 50. The site boundaries for a power reactor are described (pictured) in the associated Part 50 licensee's updated final safety analysis report (UFSAR). | |
| 03.07 | Integrated Inspection Plan. An integrated inspection plan (IIP) is a document developed by the cognizant region, with input from the Spent Fuel Project Office (SFPO) on technical, regulatory, prior performance, and lessons learned for each new ISFSI site (see Section 05.07). The IIP provides supplemental guidance for planning and scheduling the numerous inspections and any technical reviews that are required before initial loading of spent fuel into the ISFSI. The IIP is intended to ensure that adequate resources are applied so that significant safety issues are resolved before initial loading of spent fuel into the ISFSI. | |
| 04.01 | Director, SFPO, Office of Nuclear Material Safety and Safeguards (NMSS). Directs the activities of the SFPO and is responsible for their implementation. Approves the inspection program and procedures for activities relating to the dry storage of spent reactor fuel and other radioactive materials at ISFSIs. | |
| 04.02 | SFPO, NMSS | |
| a. | Develops and implements the Agency's regulatory, licensing, and inspection programs for the storage of nuclear reactor spent fuel. | |
| b. | Develops and assesses the overall effectiveness of the spent fuel dry storage inspection program. | |
| c. | Develops, modifies, and revises inspection program guidance (NRC IMCs and inspection procedures (IPs)) under SFPO's purview to ensure that ISFSI-related activities are conducted in accordance with appropriate regulations and standards. Incorporates lessons learned into the inspection program for IMCs and IPs under SFPO's purview. Recommends changes to other organizations for IMCs and IPs under their purview. | |
| d. | Serves as a source of technical expertise for questions on DCSS' or ISFSIs (e.g., DCSS design requirements, ISFSI siting criteria, accident analysis, or conditions contained in the site-specific license or CoC). | |
| e. | Manages the assignment, scheduling, and performance of inspections of ISFSI vendors (including CoC holders) and fabricators. | |
| f. | Provides SFPO inspection resources to support region-led inspections of ISFSIs, in accordance with the IIP. Plans, schedules, and coordinates, with the Regional Branch Chief, any inspections of ISFSI vendors, fabricators, and CoC holders, in accordance with the IIP. | |
| g. | Serves as the focal point for collecting lessons learned from previous IIPs and provides expertise in the development of new IIPs. | |
| h. | Participates with the Regional Branch Chief in the development of an IIP for each new ISFSI site (see Section 05.07). | |
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| i. | Interfaces, as necessary, with the various Office of Nuclear Reactor Regulation (NRR), project and technical division staffs, regarding the inspection of ISFSI activities at Part 50 reactor sites. | |
| 04.03 | SFPO Project Manager (SFPO/PM) | |
| a. | For all assigned ISFSIs, serves as the focal point of contact for technical and regulatory issues that affect the ISFSI. The NRR/PM is the point of contact for ISFSI issues that affect the reactor's structures, systems, and components (SSCs) (see Section 04.09). | |
| b. | For all assigned Part 50 reactor site ISFSIs, serves as the focal point of contact for the NRR/PM where operation of reactor affects the ISFSI's SSCs. Serves as the focal point of contact for the NRR/PM or Regional Branch Chief requests to obtain SFPO resources. | |
| c. | For all assigned Part 50 reactor site ISFSIs, serves as the focal point of contact for all ISFSI issues after site project management responsibilities have been assumed by NMSS. | |
| d. | For all assigned AFR ISFSIs, serves as the focal point of contact for all AFR ISFSI issues. | |
| 04.04 | Regional Administrator | |
| a. | Oversees the implementation of the ISFSI inspection program elements that are performed by the regional office. | |
| b. | Ensures, within assigned budget limitations, that the regional office staff includes adequate numbers of inspectors necessary to carry out the inspection program described in this IMC. | |
| 04.05 | Regional Division Director | |
| a. | Manages the implementation of the ISFSI inspection program as assigned by the Regional Administrator. | |
| b. | Directs the execution of the ISFSI inspection program elements that are performed | |
| c. | Ensures that allocated inspection resources are appropriately scheduled for the routine inspection of the region's ISFSIs, using the regional planning process. | |
| d. | Ensures that necessary reactive inspection resources are applied to deal with events and problems at the Region's ISFSIs, as required. | |
| e. | Approves the IIP prepared for each new ISFSI site in the region (see Section 05.07). | |
| f. | Approves changes to the inspection frequency of inspections listed in Table B-3, as authorized by Appendix B of this IMC. | |
| 04.06 | Regional Branch Chief | |
| a. | For each assigned ISFSI, manages the planning, scheduling, and performance of inspections of ISFSIs using the inspection resources allocated by the regional planning processes. | |
| b. | For each assigned ISFSI, contacts the SFPO/PM, as necessary, to request SFPO resources in response to any events or problems at his/her assigned ISFSIs. | |
| c. | For each assigned ISFSI, ensures that accountability is maintained over the implementation of the inspection program per the guidance in Section 05.05. | |
| d. | For each assigned ISFSI, notifies the SFPO/PM of any changes to inspection frequencies for the inspections listed in Tables A-2, B-2, and B-3 of Appendices A and B of this IMC. | |
| e. | For each assigned ISFSI, ensures that inspections of ISFSI activities are documented in accordance with Sections 05.08 and 05.09. | |
| f. | For each assigned new ISFSI, creates an IIP for each new ISFSI site in the region in accordance with Section 05.07. | |
| g. | For each assigned ISFSI, provides feedback and any lessons learned to the applicable SFPO/PM, after the IIP has been completed. | |
| 04.07 | Regional Liaison for Spent Fuel Storage Issues [Optional] | |
| a. | Provides assistance to Regional Branch Chiefs and inspectors to ensure consistency in inspection planning and oversight of the region's ISFSI activities. | |
| b. | Serves as a regional point of contact for interactions with the SFPO and NRR on ISFSI policy and program issues. | |
| 04.08 | NRR | |
| a. | Retains oversight of spent fuel at operating and decommissioned reactors, until the fuel has either been safely stored in an ISFSI or transferred offsite. | |
| b. | Provides inspection resources, as requested, to NMSS or the Regions for routine and reactive ISFSI inspection activities performed at Part 50 licensees in accordance with IMCs 2515, "Light-Water Reactor Inspection Program - Operations Phase," and 2561, "Power Reactor Inspection Program - Decommissioning." | |
| 04.09 | NRR Project Manager (NRR/PM) | |
| a. | Serves as the focal point of contact on issues where the operation of an ISFSI, located at a Part 50 reactor site, affects the reactor's SSCs (e.g., 10 CFR 50.59 issues). Informs the SFPO/PM if any such issues are identified and of any technical and regulatory issues related to a particular ISFSI. | |
| b. | Serves as the point of contact for the SFPO/PM in obtaining NRR resources and support on ISFSI issues, for an ISFSI located at a Part 50 reactor site. | |
| c. | Contacts the assigned SFPO/PM with any requests for SFPO resources and support on issues where the ISFSI is affecting the Part 50 reactor site. | |
| d. | Serves as the point of contact for public and media inquiries on ISFSI issues, for an ISFSI located at a reactor site, until project management responsibilities for that Part 50 reactor site have been turned over to NMSS. | |
| 05.01 | Safety classification of ISFSI SSCs. Some ISFSI SSCs are classified as important to safety; all others are classified as not important to safety. | |
| a. | Important to Safety includes all SSCs that: classified as not important to | |
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| 05.02 | When non-radiological safety concerns are observed during an inspection, the inspector is to orally inform licensee management of such concerns and document the observation on the attached data sheet. (See Appendix A.) | |
| 05.03 | If a licensee employee provides information to an inspector regarding non-radiological safety hazards, the inspector shall inform licensee management of the employee's concern, withholding the employee's identity from licensee management, and shall document the information on the data sheet in Appendix A. | |
| 05.04 | Inspectors shall monitor, as appropriate, a licensee's corrective action regarding those matters described in 05.02 and 05.03 above. If significant safety concerns are identified or if the licensee demonstrates a pattern of unresponsiveness to identified concerns, this matter should be discussed with licensee management, and relevant information should be provided to their respective OSHA Liaison Officer. The NRC Regional Office OSHA Liaison Officer will inform the appropriate OSHA Regional Office. For nuclear power plants, the Resident Inspector normally follows the licensee's corrective action. For all licensees, it is intended that NRC Region-based inspectors need not make a special follow-up inspection solely on the basis of an OSHA issue, unless it affects radiological health and safety. | |
| 05.05 | When OSHA informs the NRC Regional Office OSHA Liaison Officer of matters that are in NRC's purview, the NRC Regional Office OSHA Liaison Officer shall notify the appropriate Division Director (Division of Reactor Projects or Division of Nuclear Materials Safety) who shall arrange for prompt evaluation of the matter, such as Regional or Resident Inspectors performing onsite follow-up, as appropriate, to verify the information or the licensee's corrective action. The inspectors should report significant findings in an inspection report. If it is a materials or fuel cycle facility related issue, then the NRC Regional Office OSHA Liaison Officer shall also notify the NMSS OSHA Liaison Officer. | |
| 05.06 | To enhance the ability of NRC and OSHA personnel to identify safety matters under each other's purview, OSHA will provide NRC Regional personnel with basic chemical and industrial safety training, while NRC will provide training in basic radiation safety to OSHA personnel. For details of the mutual training arrangement, contact the Technical Training Center. | |
OSHA may provide the NRC Regional Office with information about a nuclear power plant or site where increased licensee management attention to worker safety is needed. Such information is normally based on reports of injury or complaints at the particular location. The NRC Regional or Resident Inspector will inform licensee management of the information and will monitor the licensee's corrective actions, as provided in 05.04 above.
| 07.01 | A copy of the NRC - OSHA MOU dated October 21, 1988, is attached as Appendix B. A copy of the NRC - OSHA MOU regarding gaseous diffusion plants dated July 26, 1996, is attached as Appendix C. |
| 07.02 | Except for certain NRC-regulated fuel and materials facilities described in 1007-07 and delineated in Inspection Manual Chapter (IMC) -2600 and IMC-2800, no changes are required in inspection practices. Although NRC does not conduct inspections of industrial safety in the course of inspections of radiological and nuclear safety, NRC personnel may identify safety concerns within the area of OSHA responsibility or may receive complaints from an employee about OSHA-covered working conditions. |
| 07.03 | It is important that all NRC personnel recognize and understand that they are not to make enforcement decisions regarding activities under the purview of OSHA. Thus, in discussing non-radiological safety concerns with the licensee, inspectors are cautioned not to judge whether a given condition is a violation of OSHA rules or regulations, but are to point out concerns of apparent unsafe conditions, to heighten licensee awareness. |
| 07.04 | For accidents involving a fatality or multiple hospitalizations, the MOUs do not require NRC to report such matters to OSHA. But in keeping with established practices, if the licensee refuses to report these events to OSHA, the NRC Regional Office OSHA Liaison Officer will inform the OSHA Regional Office. |
| 07.05 | Communication with OSHA Regional Offices should be done orally, unless OSHA requests a written notification in a particular case. |
| 07.06 | To minimize the record-keeping and tracking burden, the requirement described in 1007-05.04, regarding monitoring of a licensee's corrective action, shall be performed at the time of normal review or routine inspections. |
| 07.07 | Time spent on meeting the requirements of this instruction should be charged to IP 93001, "OSHA Interface Activities." |
| 08.01 | The NRC inspector is to inform licensee management orally of: | |
| a. | Identified safety concerns. | |
| b. | Employee complaints of OSHA-covered working conditions. | |
| c. | Reporting requirements, to OSHA, of accidents resulting in fatalities or multiple hospitalizations, if the licensee has not already done so. | |
| 08.02 | The NRC inspector is to generate a written Non-Radiological Hazards Data Sheet for the inspection file, and to generate a copy of it to the respective NRC Office OSHA Liaison Officer, for the following occurrences: | |
| a. | For all occurrences of 08.01 a., b., or c. above. | |
| b. | For significant recurring unsafe conditions, or patterns of unresponsiveness to previously identified concerns. | |
| 08.03 | The NMSS OSHA Liaison Officer shall forward all Non-Radiological Hazards Data Sheets to the NRC Regional Office OSHA Liaison Officer. This person shall contact the OSHA Regional Office orally or in writing regarding all items that are identified by inspectors and that have generated a Non-Radiological Hazards Data Sheet. | |
| 08.04 | The NRC Regional Office OSHA Liaison Officer shall generate the following correspondence: | |
| a. | Written notification to the OSHA Regional Office if one is requested after initial oral notification. | |
| b. | Copies of all written correspondence associated with OSHA-related issues, except the referral of allegations or other allegation documentation, should be sent to the Chief, Operator Licensing, Human Performance & Plant Support Branch, NRR; to the Chief, Inspection Program Branch, NRR; to the Chief, Operations Branch, Industrial and Medical Nuclear Safety and/or Fuel Cycle Safety and Safeguards, NMSS; as appropriate; and to the NMSS OSHA Liaison Officer. | |
| 08.05 | Allegations that fall within the purview of OSHA are to be handled in accordance with this section, and, in accordance with Management Directive 8.8, are not to be entered in the Allegation Management System. | |
END
Appendices:
| Appendix A | "Non-Radiological Hazards Data Sheet" |
| Appendix B | "Appendix B, "Memorandum of Understanding Between The U.S. Nuclear Regulatory Commission and The Occupational Safety and Health Administration," October 21, 1988 |
| Appendix C | "Memorandum of Understanding Between The U.S. Nuclear Regulatory Commission and The Occupational Safety and Health Administration with Respect to the Gaseous Diffusion Plants," July 26, 1996 |
END