[Federal Register Volume 64, Number 6 (Monday, January 11, 1999)]
[Proposed Rules]
[Pages 1542-1545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-505]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG 17


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 Holtec International Hi-Star 100 cask system 
(Hi-Star) 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 the Hi-Star cask system under a general license.

DATES: The comment period expires March 29, 1999. Comments received 
after this date will be considered if it is practical to do so, but the 
NRC is able to assure consideration only for comments received on or 
before this date.

ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attn: Rulemakings and 
Adjudications Staff. Hand deliver comments to 11555 Rockville Pike, 
Rockville, MD, between 7:45 am and 4:15 p.m. on Federal workdays.
    You may also provide comments via the NRC's interactive rulemaking 
Web site through the NRC's home page (http://www.nrc.gov). This site 
provides the availability to upload comments as files (any format) if 
your web browser supports that function. For information about the 
interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-
5905; e-mail [email protected].
    Certain documents related to this rulemaking, including comments 
received by the NRC, may be examined at the NRC Public Document Room, 
2120 L Street NW. (Lower Level), Washington, DC. These documents also 
may be viewed and downloaded electronically via the interactive 
rulemaking website established by NRC for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Stan Turel, telephone (301) 415-6234, 
e-mail, [email protected] or Philip Brochman, telephone (301) 415-8592, e-
mail,

[[Page 1543]]

[email protected] of the Office of Nuclear Materials Safety and Safeguards, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
(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 
nuclear 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 Commission.'' Section 133 of the NWPA 
states, in part, that ``[t]he 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 NRC approved dry storage of spent 
nuclear fuel in NRC-approved casks under a general license, publishing 
a final rule on July 18, 1990 in 10 CFR part 72 entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181, 1990). 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 casks 
designs. Dry storage cask systems are massive devices designed to 
provide shielding from direct exposure to radiation, to confine the 
spent fuel in a safe storage condition, and to prevent releases of 
radioactive material to the environment. They are designed to perform 
these tasks by relying on passive heat removal and confinement systems 
without moving parts and with minimal reliance on human intervention to 
safely fulfill their function for the term of storage. The 1990 
rulemaking listed four casks in 10 CFR 72.214 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.

Discussion

    This proposed rulemaking would add the Holtec International HI-STAR 
100 cask system to the list of NRC approved casks for spent fuel 
storage in 10 CFR 72.214. Following the procedures specified in 10 CFR 
72.230 of subpart L, Holtec International submitted an application for 
NRC approval, together with its Safety Analysis Report (SAR): ``HI-STAR 
100 Cask System Topical Safety Analysis Report (TSAR), Revision 8'' 
dated June 18, 1998. The NRC evaluated the Holtec International 
submittal and issued a preliminary Safety Evaluation Report (SER) on 
the Holtec International SAR and a proposed certificate of compliance 
(CoC) for the Holtec International HI-STAR 100 cask system.
    The NRC is proposing to approve the Holtec International HI-STAR 
100 cask system for storage of spent fuel under the conditions 
specified in the proposed CoC. While the HI-STAR 100 cask system is 
designed to be used as a dual purpose storage and transportation cask, 
the use or certification of the HI-STAR 100 under 10 CFR part 71 for 
off-site transport of spent fuel is not a subject of this rulemaking. 
Certification for transportation could occur only after the completion 
of a separate staff review of the HI-STAR 100 Safety Analysis report 
for transportation. Thus, issues pertaining to the transportation 
configuration of the HI-STAR 100 cask system are not within the scope 
of this rulemaking.
    The HI-STAR 100 cask system, when used in accordance with the 
conditions specified in the CoC and NRC regulations, will meet the 
requirements of 10 CFR part 72; thus, adequate protection of public 
health and safety would be ensured. This cask is being proposed for 
listing under 10 CFR 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 CoC would 
terminate 20 years after the effective date of the final rule listing 
this cask in 10 CFR 72.214, unless the cask's CoC is renewed. The 
certificate contains conditions for use similar to those for other NRC 
approved casks, however, the CoC for each cask system may differ in 
some specifics--such as, certificate number, operating procedures, 
training exercises, spent fuel specification. The proposed CoC for the 
Holtec International HI-STAR 100 cask system and the underlying 
preliminary SER, dated December 15, 1998, 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 CoC may be 
obtained from Stan Turel, Office of Nuclear Materials Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
telephone (301) 415-6234, email [email protected].

Future Rulemaking Procedures

    The Holtec International HI-STAR 100 cask system would become the 
eighth cask system added to 10 CFR 72.214 list through the process of 
notice-and-comment rulemaking. Because the NRC believes the additions 
and revisions to the list of approved spent fuel storage casks are 
noncontroversial and routine, NRC is considering publishing future 
additions and revisions as direct final rules. Direct final rulemaking 
is a technique for expediting the issuance of noncontroversial rules. 
If the NRC implements this procedure in future rulemakings adding cask 
systems to the 10 CFR 72.214 list, the NRC would publish the proposed 
addition or revision to the list as both a proposed and a final rule in 
the Federal Register simultaneously. A direct final rule will normally 
become effective 75 days after publication in the Federal Register. 
However, if the NRC receives significant adverse comments on the direct 
final rule within 30 days after publication in the Federal Register, 
the NRC will publish a document that withdraws the direct final rule. 
If the direct final rule is withdrawn, the NRC will address the 
comments received as comments on the proposed rule and will 
subsequently issue a final rule. Absent significant modifications to 
the proposed revisions requiring republication, the NRC will not 
initiate a second comment period in the event the direct final rule is 
withdrawn. The NRC is requesting comments on the use of direct final 
rules for future additions and revisions to the list of approved spent 
fuel storage casks.

Errata to the Proposed Certificate of Compliance (CoC) Preliminary 
SER

    During NRC management review of the proposed CoC (docketed 
September 30, 1998, and placed in the NRC PDR) a question was 
identified on the 6,000 psi limit in Technical Specification 4.4.6.d, 
``Soil effective modulus of elasticity.'' The question related to 
whether the 6,000 psi limit was too narrow and whether this limit would 
unnecessarily restrict which reactor sites could use the HI-STAR 100 
cask. NRC staff evaluated this issue and requested the applicant 
provide additional information. The applicant subsequently submitted 
additional information and supporting analysis and requested that the 
soil effective modulus of elasticity limit be raised to 28,000 psi. NRC 
staff verified that if a 28,000 psi limit was used, the maximum cask 
deceleration occurring in the cask

[[Page 1544]]

tip-over, side drop, and bottom-end vertical-drop accident analyses 
would remain bounded by the existing SER analyses.

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 a cask known as the Holtec International HI-
STAR 100 cask 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 Stan Turel Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, Telephone (301) 415-6234, email [email protected].

Paperwork Reduction Act Statement

    This proposed rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, Approval Number 3150-0132.

Public Protection Notification

    If an information collection does not display a currently valid OMB 
control number, the NRC may not conduct or sponsor, and a person is not 
required to respond to, the information collection.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72. The amendment provided for the storage of spent nuclear 
fuel under a general license in casks certified by the NRC. Any nuclear 
power reactor licensee can use NRC-certified casks to store spent 
nuclear fuel if they notify the NRC in advance, spent fuel is stored 
under the conditions specified in the cask's CoC, and the conditions of 
the general license are met. In that rule, four spent fuel storage 
casks were approved for use at reactor sites and were listed in 10 CFR 
72.214. That rule envisioned that storage casks certified in the future 
could be added to the listing in 10 CFR 72.214 through rulemaking 
procedures. Procedures and criteria for obtaining NRC approval of new 
spent fuel storage cask designs were provided in 10 CFR part 72, 
subpart L. Subsequently, two additional casks were added to the listing 
in 10 CFR 72.214 in 1993 and one in 1994.
    The alternative to this proposed action is to withhold 
certification of this new design and issue a site-specific license to 
each utility that proposed to use the casks. However, this alternative 
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 the Nuclear Waste Policy Act (NWPA) 
direction to the NRC 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 rule would eliminate the above problems. 
Further, the rule, if adopted, would have no adverse effect on 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 that can be used under a general license. However, the 
newer cask design may have a market advantage over the existing designs 
because power reactor licensees may prefer to use the newer casks with 
improved features. The new cask vendors with casks to be listed in 10 
CFR 72.214 benefit by having to obtain NRC certificates only once for a 
design that can then be used by more than one power reactor licensee. 
Vendors with cask designs already listed may be adversely impacted 
because power reactor licensees may choose a newly listed design over 
an existing one. However, the NRC is required by its regulations and 
the 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 plant 
sites in the United States without the need for further 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 NRC'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 NRC 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, independent spent fuel storage 
facilities, 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 that would impose backfits as defined 
in the backfit rule.

List of Subjects In 10 CFR Part 72

    Criminal penalties, 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.

[[Page 1545]]

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 as amended by Pub. L. 10d--
48b, sec. 7902, 10b Stat. 31b3 (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), 
10168(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 (CoC) 1008 is added to 
read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1008
SAR Submitted by: Holtec International
SAR Title: HI-STAR 100 Cask System Topical Safety Analysis Report 
(TSAR), Revision 8
Docket Number: 72-1008
Certification Expiration Date: (20 years after final rule effective 
date)
Model Numbers: HI-STAR 100

    Dated at Rockville, Maryland, this 15th day of December 1998.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-505 Filed 1-8-99; 8:45 am]
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