resulting from operation of the ISFSI and including determination of:

(i) The margins of safety during normal operations and expected operational occurrences during the life of the ISFSI; and

(ii) The adequacy of structures, systems, and components provided for the prevention of accidents and the mitigation of the consequences of accidents, including natural and manmade phenomena and events.

(5) The means for controlling and limiting occupational radiation exposures within the limits given in Part 20 of this chapter, and for meeting the objective of exposures as low as is reasonably achievable.

(6) The features of ISFSI design and operating modes to maintain low waste volumes.

(7) An identification and justification for the selection of those subjects that will be probable license conditions and technical specifications. Such subjects shall cover the design, construction, operation, and decommissioning of the ISFSI.

(8) A plan for the conduct of operations, including the planned managerial and administrative controls system, and the applicant's organization, and program for training of personnel pursuant to Subpart I of this part.

(9) If the proposed ISFSI incorporates structures, systems, or 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 such structures, systems, or components along with a schedule showing how such safety questions will be resolved prior to the initial receipt of spent fuel for storage at the ISFSI.

(10) The technical qualifications of the applicant to engage in the proposed activities, as required by § 72.17 of this part.

(11) A description of the applicant's plans for coping with emergencies, as required by $ 72.19 of this part.

(12) A description of the equipment to be installed to maintain control

over radioactive materials in gaseous and liquid effluents produced during normal operations and expected operational occurrences. The description shall identify the design objectives and the means to be used for keeping levels of radioactive material in effluents to the environment as low as is reasonably achievable and within the exposure limits stated in § 72.67 of this part. The description shall include:

(i) An estimate of the quantity of each of the principal radionuclides expected to be released annually to the environment in liquid and gaseous effluents produced during normal ISFSI operations; and prior to the first receipt of spent fuel, a second estimate confirming the original estimate or, if the expected releases and exposures are significantly different from the original estimate;

(ii) A description of the equipment and processes used in radioactive waste systems; and

(iii) A general description of the provisions for packaging, storage, and disposal of solid wastes containing radioactive materials resulting from treatment of gaseous and liquid effluents and from other sources.

(13) An analysis of the potential dose or dose commitment to an individual outside the controlled area from accidents or natural phenomena events that result in the release of radioactive material to the environment or direct radiation from the ISFSI. The calculations of individual dose or dose commitment shall be performed for direct exposure, inhalation, and ingestion occurring as a result of the postulated design basis event.

(14) A description of the quality assurance program to be applied to the design, fabrication, construction, testing, and operation of the structures, systems, and components of the ISFSI important to safety, as required by $ 72.80 of this part. The description of the quality assurance program shall identify structures, systems and components important to safety and shall show how the criteria in Appendix B to Part 50 of this chapter will be applied to those safety-related components, systems, and structures in a manner consistent with their importance to safety.

(15) A description for the detailed security measures for physical protection, including design features and the plans required by Subpart H of this part.

(16) A description of the program covering preoperational testing and initial operations.

(17) A description of the decommissioning plan required under $ 72.18 of this part.

§ 72.16 Contents of application: Technical specifications.

Each application under this part shall include proposed technical specifications in accordance with the requirements of $ 72.33 of this part and a summary statement of the bases and justifications for these technical specifications.

$ 72.17 Contents of application: Applicant's technical qualifications.

Each application under this part shall include: (a) The technical qualifications, including training and experience, of the applicant to engage in the proposed activities.

(b) A description of the personnel training program required under Subpart I of this part.

(c) A description of the applicants' operating organization, delegations of responsibility and authority, and the minimum skills and experience qualifications relevant to the various levels of responsibility and authority.

(d) A commitment by the applicant to have and maintain an adequate complement of trained and certified plant personnel prior to the receipt of spent fuel for storage.

$72.18 Decommissioning plan, including

financing.

(a) Each application under this part shall 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 has been removed, in order to provide reasonable assurance that the decontamination and decommissioning of the ISFSI at the end of its useful life will provide adequate protection to the health and safety of

(a) Except as provided in paragraph (c) of this section, the Commission will issue a license under this part upon a determination that the application for a license meets the standards and requirements of the Act and the regulations of the Commission, and upon finding that:

(1) The applicant's proposed ISFSI design complies with Subpart F of this part;

(2) The proposed site complies with the criteria in Subpart E of this part: (3) If on the site of a nuclear power plant or other licensed activity or facility, the proposed ISFSI would not pose an undue risk to the safe operation of such nuclear power plant or other licensed activity or facility:

(4) The applicant is qualified by reason of training and experience to conduct the operation covered by the regulations in this part:

(5) The applicant's proposed operating procedures to protect health and to minimize danger to life or property are adequate;

(6) The applicant is financially qualified to engage in the proposed activities in accordance with the regulations in this part:

(7) The applicant's quality assurance plan complies with Subpart G of this part:

(8) The applicant's physical protection provisions comply with Subpart H of this part:

(9) The applicant's personnel training program complies with Subpart I of this part:

(10) The applicant's decommissioning plan and its financing pursuant to $ 72.18 of this part provide reasonable assurance that the decontamination and decommissioning of the ISFSI at the end of its useful life will provide adequate protection to the health and safety of the public;

(11) The applicant's emergency plan complies with § 72.19 of this part:

(12) The applicable provisions of Part 170 of this chapter have been satisfied:

(13) There is reasonable assurance that: (i) The activities authorized by the license can be conducted without endangering the health and safety of the public and (ii) such activities will be conducted in compliance with the applicable regulations of this chapter: and

(14) The issuance of the license will not be inimical to the common defense and security.

(b) Grounds for denial for a license to store spent fuel in the proposed ISFSI may be commencement of construction prior to a conclusion or finding by the Director of the Office of Nuclear Materials Safety and Safeguards or his designee or after a public hearing, the Presiding Office. Atomic Safety and Licensing Board, or the Commission acting as a collegial body. as appropriate, on the basis of information filed and evaluations made pursuant to Part 51 of this chapter, and after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license with any appropriate conditions to protect environmental values.

(c) For facilities that have been covered under previous licensing actions including the issuance of a Construction Permit under Part 50 of this chapter, a reevaluation of the site is not required except where new information is discovered which could alter the original site evaluation findings. In this case, the site evaluation factors involved will be reevaluated.

§ 72.32 Duration of license; renewal.

(a) Each license issued under this part shall be for a fixed period of time to be specified in the license but not to exceed 20 years from the date of issuance. Licenses may be renewed by the Commission at the expiration of that period upon application of the licens

ee.

(b) Applications for renewal of a license should be filed in accordance with the applicable provisions of Sub

part B of this part at least two years prior to the expiration of the existing license. Information contained in previous applications, statements, or reports filed with the Commission under the license may be incorporated by reference: Provided, That such references are clear and specific.

(c) In any case in which a licensee, not less than 2 years prior to expiration of his existing license, has filed an application in proper form for renewal of a license, such existing license shall not expire until a final decision concerning the application for renewal has been made by the Commission.

(a) Each license issued under this part shall include license conditions. The license conditions may be derived from the analyses and evaluations included in the safety analysis report and amendments thereto submitted pursuant to § 72.15 of this part. License conditions pertain to design, construction and operation. The Commission may also include such additional license conditions as it finds appropriate.

(b) Every license issued under this part shall be subject to the following conditions, even if they are not explicitly stated therein:

(1) Neither the license nor any right thereunder shall be transferred, assigned, or disposed of in any manner, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission shall, after securing full information, find that the transfer is in accordance with the provisions of the Atomic Energy Act and give its consent in writing.

(2) The license shall be subject to revocation, suspension, modification, or amendment in accordance with the procedures provided by the Atomic Energy Act and Commission regulations.

(3) Upon request of the Commission, the licensee shall, at any time before expiration of the license, submit written statements, signed under oath or affirmation, to enable the Commission to determine whether or not the license should be modified, suspended, or revoked.

(4) Prior to the receipt of spent fuel for storage at an ISFSI, the licensee shall have in effect an NRC-approved program covering the training and certification of ISFSI personnel that meets the requirements of Subpart I of this part.

(5) The licensee shall permit the operation of the safety-related equipment and controls of the ISFSI only by personnel whom the licensee has certified as being adequately trained to perform such operations, or by uncertified personnel who are under the direct visual supervision of a certified individual.

(c) Technical specifications submitted pursuant to § 72.16 of this part shall include requirements in the following categories:

(1) Functional and operating limits and monitoring instruments and limiting control settings. (i) Functional and operating limits for an ISFSI are limits on fuel handling and storage conditions that are found to be necessary to protect the integrity of the stored fuel, to protect employees against occupational exposures and to guard against the uncontrolled release of radioactive materials. (ii) Monitoring instruments and limiting control settings for an ISFSI are those related to fuel handling and storage conditions having significant safety functions.

(2) Limiting conditions. Limiting conditions are the lowest functional capability or performance levels of equipment required for safe operation.

(3) Surveillance requirements. Surveillance requirements include: (i) Inspections of spent fuel in storage and monitoring; (ii) inspection, test and calibration activities to ensure that the necessary integrity of required systems, components and the spent fuel in storage is maintained; (iii) confirmation that operation of the ISFSI is within the required functional and operating limits; and (iv) a confirmation that the limiting conditions required for safe storage are met.

(4) Design features. Design features include items that would have a significant effect on safety if altered or modified, such as materials of construction and geometric arrangements.

(5) Administrative controls. Administrative controls include the organization and management procedures, recordkeeping, review and audit, and reporting necessary to assure that the operations involved in the storage of spent fuel in an ISFSI are performed in a safe manner.

(d) Each license authorizing the storage of spent fuels under this part shall 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:

(1) Operating procedures for control of effluents be established and followed, and equipment in the radioactive waste treatment systems be maintained and used, to meet the requirements of § 72.67 of this part:

(2) An environmental monitoring program be established to ensure compliance with the technical specifications for effluents; and

(3) An annual report be submitted to the appropriate regional office specified in Appendix D of Part 20 of this chapter, with a copy to the Director, Office of Nuclear Material Safety and Safeguards, within 60 days after January 1 of each year, specifying the quantity of each of the principal radionuclides released to the environment in liquid and in gaseous effluents I during the previous 12 months of opteration and such other information as Emay be required by the Commission to 1 estimate maximum potential radiation dose commitment to the public resultiing from effluent releases. On the basis of such reports and any additional information the Commission may obtain from the licensee or others, the Commission may from time to time require the licensee to take such action as the Commission deems appropriate. (e) The licensee shall make no change that would decrease the effectiveness of the physical security plan prepared pursuant to § 72.81 of this part without the prior approval of the Commission. A licensee desiring to make such a change shall submit an application for an amendment to the license pursuant to § 72.39 of this part. A licensee may make changes to the

physical security plan without prior Commission approval, provided that such changes do not decrease the effectiveness of the plan. The licensee shall furnish to the Commission a report containing a description of each change within two months after the change is made, and shall maintain records of changes to the plan made without prior Commission approval for a period of two years from the date of the change.

(f) A licensee shall follow and maintain in effect an emergency plan that is approved by the Commission. The licensee may make changes to the approved plan without Commission approval only if such changes do not decrease the effectiveness of the plan, and if the plan, as changed, continues to contain the elements of Section IV of Appendix E of 10 CFR Part 50. Within six months after any such change is made, the licensee shall submit a report containing a description of any changes made in the plan to the appropriate NRC regional office specified in Appendix D to Part 20 of this chapter with a copy to the Director, Office of Nuclear Material Safety and Safeguards. Proposed changes that decrease the effectiveness of the approved emergency plan shall not be implemented unless the licensee has received prior approval of such changes from the Commission.

$72.31 Public hearings.

(a) In connection with each application for a license or an amendment to a license under this part, the Commission shall issue or cause to be issued a notice of hearing in accordance with § 2.104 of this chapter, or a notice of proposed action in accordance with § 2.105 of this chapter, as appropriate. Except as provided in paragraph (b) of this section, a hearing may not be held until after 30 days' notice and publication once in the FEDERAL REGISTER.

(b) In the absence of a request for hearing by any person whose interest may be affected, the Commission may issue a license or an amendment to a license without a hearing upon 30 days' notice and publication once in the FEDERAL REGISTER of its intent to do so. The Commission may dispense