OAR 345-026-0390
Spent Nuclear Fuel Storage
(1)
Purpose:(a)
Storage of spent nuclear fuel and related radioactive material and waste at a nuclear installation is an interim measure; otherwise utilities and residents of Oregon would face the financial burden of maintaining, operating, and safeguarding the on-site storage facilities indefinitely;(b)
The purpose of this rule is to cooperate with the federal government in accordance with Oregon’s siting policy in ORS 469.310 (Policy) to ensure the safety of interim on-site storage and to ensure spent nuclear fuel and related radioactive materials and waste will not be an undue financial burden to utilities or people of Oregon.(2)
Capacity and Safety Standards: The certificate holder may store a maximum of 791 complete and partial fuel assemblies and storage of containers with nuclear fuel materials. Storage of spent nuclear fuel and related radioactive material and waste at the site of a nuclear installation by a certificate holder who has executed a contract with the United States of America pursuant to the Nuclear Waste Policy Act, shall be deemed a permitted use of the site pending transfer of spent nuclear fuel to the U.S. Department of Energy provided that:(a)
Storage facilities are designed to maintain discharges within the limits specified in applicable licenses authorized under the Atomic Energy Act of 1954, as amended, and any applicable permits issued under the National Pollutant Discharge Elimination System;(b)
Storage facilities are designed such that in case of accidents off-site radiation exposures will not exceed the Environmental Protection Agency Protective Action Guidelines (October, 1991) for off-site protective actions; and(c)
The facility is not used to store any spent nuclear fuel or radioactive materials and wastes other than that generated or used in the operation of the former Trojan Nuclear Plant.(3)
The certificate holder shall perform activities related to transfer, storage and handling of fuel and other radioactive waste in accordance with a radiation protection program that complies with 10 CFR 20, including a program to maintain personnel radiation exposure As Low As Reasonably Achievable (ALARA) as that term is defined in 10 CFR 20.(4)
Except as required for accident mitigation as described in the Safety Analysis Report, the certificate holder shall not transfer spent fuel from an interim spent fuel storage installation to new casks or shipping containers without approval by the Council prior to the transfer.(5)
Reporting Requirements: The operator of an interim spent fuel storage facility shall submit every ten years and, in addition, no later than September 3, 2038, a report containing the actual or expected date when the Federal government will accept the High Level Waste and an analysis of the facility’s continued acceptability for use if a Federally licensed High level Waste site remains unavailable. This report need not be submitted if the Council or its successor determines that a Federally licensed high level waste site is available and that spent nuclear fuel from the facility will be accepted prior to September 3, 2043.(6)
The Council approves the plan, as may be amended under Part (c) below, for an Independent Spent Fuel Storage Installation (ISFSI) as described in the ISFSI Safety Analysis Report (SAR) (PGE-1069), Revision 2. In addition to the criteria in OAR 345-026-0390 (Spent Nuclear Fuel Storage)(2)(a), (b), and (c), and (3) and (4), the plan is subject to the following criteria:(a)
Programs: Portland General Electric (PGE) shall establish and maintain programs for Temperature Monitoring and Air Vent Inspection and Structural Inspection that are consistent with maintaining exposures to ionizing radiation As Low As Reasonably Achievable (ALARA) and with the assumptions and conclusions in the Department “Staff Evaluation of Holtec Design for Portland General Electric’s Independent Spent Nuclear Fuel Installation (ISFSI),” September 2002.(b)
Contingency Plans: PGE shall establish and maintain a plan for maintaining equipment onsite and having equipment available within a reasonable time period to respond to credible accident scenarios and a plan for construction of new concrete casks.(c)
Changes to Commitments: PGE may make changes to the ISFSI as described in the Safety Analysis Report without prior Council approval if such changes do not reduce commitments or change the assumptions and conclusions in the Department “Staff Evaluation of Holtec Design for Portland General Electric’s Independent Spent Nuclear Fuel Installation (ISFSI),” September 2002. If proposed changes would reduce commitments or change the assumptions or conclusions of the Department “Staff Evaluation of Holtec Design for Portland General Electric’s Independent Spent Nuclear Fuel Installation (ISFSI),” September 2002, PGE shall obtain prior approval from the Department. Prior Department approval is not required when the proposed change would not have the above effects, is required for compliance with the regulations or orders of the U.S. Nuclear Regulatory Commission or is necessary to protect the health and safety of the public when there is insufficient time to obtain prior Department approval.(d)
Reporting requirements: In lieu of the requirements described in OAR 345-026-0080 (Reporting Requirements for Energy Facilities), within one year of the first cask loading and biennially thereafter, PGE shall provide a written report to the Council on the status of the ISFSI. The report shall include, at a minimum, the results of radiation monitoring programs, a summary of personnel exposure related to ISFSI storage operations, a statement of expenses related to ISFSI storage operations, a statement of the estimated costs of continuing ISFSI storage operations through decommissioning and the estimated costs of decommissioning, including a discussion of the methods and assumptions used to estimate operations and decommissioning costs, an estimate of funds available for continuing ISFSI storage operations through decommissioning and funds available for ISFSI decommissioning, and a statement of any significant developments regarding the opening of a Federally licensed High Level Waste facility.(e)
Frequency of Temperature Monitoring and Air Vent Inspection: The Temperature Monitoring and Air Vent Inspection Program established by PGE pursuant to Section (6)(a) of this rule shall include daily readings of Concrete Cask air outlet and ambient temperatures. The program shall include provisions for more frequent measurements if temperatures approach Technical Specification limits. The program shall also include a requirement to check air inlet and outlet vents for blockage weekly. PGE may reduce these surveillance frequencies with Department approval. PGE may apply extensions of up to 25 percent of individual surveillance intervals to accommodate minor variations in work scheduling.(f)
Contractors: PGE shall require contractors who perform portions of the ISFSI storage or transporting operations to adhere to all applicable provisions of OAR 345-026-0390 (Spent Nuclear Fuel Storage).
Source:
Rule 345-026-0390 — Spent Nuclear Fuel Storage, https://secure.sos.state.or.us/oard/view.action?ruleNumber=345-026-0390.