Regulatory and administrative actions impacting on spent fuel storage functions

Interim or longer term storage of spent fuel by utilities or the federal government that may be required prior to disposal in a deep geologic repository may be impacted in a variety of ways by regulatory and administrative actions. The Nuclear Waste Policy Act of 1982 (NWPA) provides for interim storage of spent fuel by both utilities and the Department of Energy (DOE). The utilities owning spent fuel have primary responsibility for interim spent fuel storage at reactor sites. The Nuclear Regulatory Commission's (NRC) Waste Confidence Rulemaking addressed the environmental and safety implications of both onsite and offsite storage of spent fuel. This NRC decision makes findings that impact on both forms of spent fuel storage and amends its regulation, 10 CFR Parts 50 and 51, covering reactor licensing and environmental protection. NRC is carrying out reviews of topical reports for dry cask storage of spent fuel at utility sites under its regulation 10 CFR Part 72. Several such reviews are under way now, and additional applications are expected in 1985. It is anticipated that cask vendors will also seek certificates of compliance for transportation purposes under 10 CFR Part 71. When a utility cannot adequately store spent fuel and the NRC determines under 10 CFR Part 53 that away-from-reactor (AFR) storage is necessary, then DOE is required under NWPA to provide for up to 1900 metric tons of licensed capacity at federal facilities. Costs of interim storage and transportation by DOE will be obtained from an interim utility financed storage fund. NWPA also provides for longer term storage of spent fuel in NRC-licensed monitored retrievable storage (MRS) facilities by DOE. DOE is to submit a proposal to Congress by June 1, 1985 for construction of one or more MRS facilities in accordance with NRC regulations. These and other regulatory and administrative actions will impact on activities to store spent fuel prior to its disposal