[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13385]


[[Page Unknown]]

[Federal Register: June 2, 1994]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AF02

 

List of Approved Spent Fuel Storage Casks: Addition

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations to add the Standardized NUHOMS Horizontal Modular 
Storage System to the List of Approved Spent Fuel Storage Casks. This 
amendment will allow the holders of power reactor operating licenses to 
store spent fuel in this approved cask under a general license.

DATES: Submit comments by August 16, 1994. 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: Send comments to: The Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. ATTN: Docketing and Service Branch.
    Deliver comments to: One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland, between 7:45 a.m. and 4:15 p.m. Federal workdays.
    Copies of the comments received and the environmental assessment 
and finding of no significant impact can be examined at the NRC Public 
Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single 
copies of these documents can be obtained from Mr. G. E. Gundersen, 
Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone (301) 492-3803.

FOR FURTHER INFORMATION CONTACT: Mr. G. E. Gundersen, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301) 492-3803; or Mr K. C. Leu, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone (301) 504-2685.

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982 (NWPA) 
directs that, ``[T]he Secretary [of the Department of Energy (DOE)] 
shall establish a demonstration program in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian power 
reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the NRC.'' Section 133 of the NWPA states, 
in part, that ``the Commission shall, by rule, establish procedures for 
the licensing of any technology approved by the Commission under 
Section 218(a) for use at the site of any civilian nuclear power 
reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks, publishing a final rule on 10 
CFR Part 72 entitled ``General License for Storage of Spent Fuel at 
Power Reactor Sites'' (55 FR 29181). This rule also established a new 
subpart L within 10 CFR part 72 entitled ``Approval of Spent Fuel 
Storage Casks,'' containing procedures and criteria for obtaining NRC 
approval of dry storage cask designs.
    The 1990 rulemaking listed four casks in Sec. 72.214 of subpart K 
as approved by the NRC for storage of spent fuel at power reactor sites 
under general license by persons authorized to possess or operate 
nuclear power reactors. Since then, two more casks have been listed in 
Sec. 72.214, one on April 7, 1993 (58 FR 17948) and another on October 
5, 1993 (58 FR 51762).

Discussion

    This proposed rulemaking would add the Standardized NUHOMS 
Horizontal Modular Storage System to the list of NRC approved casks for 
spent fuel storage in Sec. 72.214. Following the procedures specified 
in Sec. 72.230 of Subpart L, VECTRA Technologies, Inc. (formerly 
Pacific Nuclear Fuel Services, Inc. (PNFSI))\1\ submitted an 
application for NRC approval, together with a ``Safety Analysis Report 
for the Standardized NUHOMS Horizontal Modular Storage System for 
Irradiated Nuclear Fuel'' (SAR), NUH-003, Revision 2, dated November 
1993. The NRC evaluated VECTRA's submittal and issued a draft Safety 
Evaluation Report (SER) on VECTRA'S SAR and a draft certificate of 
compliance for the Standardized NUHOMS Horizontal Modular Storage 
System. On January 24, 1994, Pacific Nuclear Systems, Inc., (parent 
company of PNSFI) changed its name to VECTRA Technologies, Inc., after 
it acquired ABB Impell Corporation.
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    \1\On January 24, 1994, Pacific Nuclear Systems, Inc., (parent 
company of PNFSI) changed its name to VECTRA Technologies Inc.
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    The NRC is proposing to approve VECTRA's Standardized NUHOMS 
Modular Storage System for Irradiated Nuclear Fuel, for storage of 
spent fuel under the conditions specified in the draft certificate of 
compliance. This cask, when used in accordance with the conditions 
specified in the certificate of compliance and NRC regulations, will 
meet the requirements of 10 CFR Part 72; thus, adequate protection of 
the public health and safety would be ensured. This cask is being 
proposed for listing under Sec. 72.214, ``List of Approved Spent Fuel 
Storage Casks'' to allow holders of power reactor operating licensees 
to store spent fuel in this cask under a general license. The 
certificate of compliance would terminate 20 years after the effective 
date of the final rule listing the cask in Sec. 72.214, unless the 
cask's certificate of compliance is renewed. The certificate contains 
conditions for use which are similar to those for other NRC approved 
casks, however, the certificate of compliance for each cask may differ 
in some specifics--such as, certificate number, operating procedures, 
training exercises, spent fuel specification. The draft certificate of 
compliance for the Standardized NUHOMS cask and the underlying draft 
SER, are available for inspection and comment at the NRC Public 
Document Room, 2120 L Street, NW. (Lower Level), Washington, DC. Single 
copies of the proposed certificate of compliance may be obtained from 
Mr. K. C. Leu, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 
504-2685.

Submission of Comments in Electronic Format

    In addition to the original paper copy, commenters are encouraged 
to submit a copy of the letter in electronic format on IBM PC-
compatible 5.25- or 3.5-inch computer diskette. Data files should be 
provided in one of the following formats: WordPerfect, IBM Document 
Content Architecture/Revisable-Form-Text (DCA/RFT), or unformatted 
ASCII text.

Finding of No Significant Environmental Impact: Availability

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has 
determined 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 
rule is mainly administrative in nature. It would not change safety 
requirements and would not have significant environmental impacts. The 
proposed rule would add one cask known as the Standardized NUHOMS 
Modular Storage System to the list of approved spent fuel storage casks 
that power reactor licensees can use to store spent fuel at reactor 
sites without additional site-specific approvals by the NRC. The 
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 finding of no 
significant impact are available from Mr. G. Gundersen, Office of 
Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, Telephone (301) 492-3803.

Paperwork Reduction Act Statement

    This proposed rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, Approval Number 3150-0132.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the Commission issued an amendment 
to 10 CFR Part 72. The amendment provided for the storage of spent 
nuclear fuel under a general license. Any nuclear power reactor 
licensee can use these casks if (1) they notify the NRC in advance, (2) 
the spent fuel is stored under the conditions specified in the cask's 
certificate of compliance, and (3) the conditions of the general 
license are met. In that rulemaking, four spent fuel storage casks were 
approved for use at reactor sites, and were listed in 10 CFR 72.214. 
That rulemaking envisioned that storage casks certified in the future 
could be routinely added to the listing in Sec. 72.214 through 
rulemaking procedures. Procedures and criteria for obtaining NRC 
approval of new spent fuel storage cask designs were provided in 10 CFR 
72.230. Subsequently, two additional casks were added to the listing in 
Sec. 72.214 in 1993.
    The alternative to this proposed action is to withhold 
certification of this new design and give a site-specific license to 
each utility that proposed to use the cask. This alternative however, 
would cost the NRC more time and money for each site-specific review. 
In addition, withholding certification would ignore the procedures and 
criteria currently in place for the addition of new cask designs. 
Further, it is in conflict with NWPA direction to the Commission to 
approve technologies for the use of spent fuel storage at the sites of 
civilian nuclear power reactors without, to the extent practicable, the 
need for additional site reviews. Also, this alternative is 
anticompetitive in that it would exclude new vendors without cause and 
would arbitrarily limit the choice of cask designs available to power 
reactor licensees.
    Approval of the proposed rulemaking would eliminate the above 
problems. Further, the proposed rule will have no adverse effect on the 
public health and safety.
    The benefit of this proposed rule to nuclear power reactor 
licensees is to make available a greater choice of spent fuel storage 
cask designs which can be used under a general license. However, the 
newer cask design may have a market advantage over the existing designs 
in that power reactor licensees may prefer to use the newer casks with 
improved features. The new cask vendors with casks to be listed in 
Sec. 72.214 benefit by having to obtain NRC certificates only once for 
a design which can then be used by more than one power reactor 
licensee. Vendors with cask designs already listed may be adversely 
impacted in that power reactor licensees may choose a newly listed 
design over an existing one. However, the NRC is required by its 
regulations and NWPA direction to certify and list approved casks. The 
NRC also benefits because it will need to certify a cask design only 
once for use by multiple licensees. Casks approved through rulemaking 
are to be suitable for use under a range of environmental conditions 
sufficiently broad to encompass multiple nuclear power plants in the 
United States without the need for farther site-specific approval by 
NRC.
    This proposed rulemaking has no significant identifiable impact or 
benefit on other Government agencies.
    Based on the above discussion of the benefits and impacts of the 
alternatives, the NRC concludes that the requirements of the proposed 
rule are commensurate with the Commission's responsibilities for public 
health and safety and the common defense and security. No other 
available alternative is believed to be as satisfactory, and thus, this 
action is recommended.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980, (5 
U.S.C. 605(b)), the Commission certifies that this rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This proposed rule affects only the licensing and 
operation of nuclear power plants and cask vendors. The companies that 
own these plants do not fall within the scope of the definition of 
``small entities'' set forth in the Regulatory Flexibility Act or the 
Small Business Size Standards set out in regulations issued by the 
Small Business Administration at 13 CFR part 121.

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 50.109 or 10 
CFR 72.62) does not apply to this proposed rule, and thus, a backfit 
analysis is not required for this proposed rule because this amendment 
does not involve any provisions which would impose backfits as defined 
in the backfit rule.

List of Subjects In 10 CFR Part 72

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

    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 part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

    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. 2951 (42 U.S.C. 5851); sec. 102, 
Pub. L. 91-190, 83 Stat. 853 (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), 
1068(c)(d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 
(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, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).

    In Sec. 72.214, Certificate of Compliance 1004 is added to read as 
follows:


Sec. 72.214.  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1004
SAR Submitted by: VECTRA Technologies, Inc.
SAR Title: Safety Analysis Report for the Standardized NUHOMS 
Horizontal Modular Storage System for Irradiated Nuclear Fuel, Revision 
2
Docket Number: 72-1004
Certification Expiration Date: (20 years after final rule effective 
date)
Model Numbers: NUHOMS-24P for Pressurized Water Reactor fuel; NUHOMS-
52B for Boiling Water Reactor fuel.
* * * * *
    Dated at Rockville, Maryland, this 12th day of May 1994.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-13385 Filed 6-1-94; 8:45 am]
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