[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Proposed Rules]
[Pages 45918-45920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21799]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG 37


List of Approved Spent Fuel Storage Casks: (NAC-MPC) 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 NAC International Multi-Purpose Canister 
(NAC-MPC) cask 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 the NAC-MPC cask system under a general 
license.

DATES: The comment period expires November 8, 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 7:30 a.m. and 4:15 p.m. on Federal workdays.
    You may also provide comments via the NRC's interactive rulemaking 
website (http://ruleforum.llnl.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] of the Office of Nuclear Material 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), requires, ``for the dry storage of spent nuclear fuel at 
civilian power reactor sites, with the objective of establishing one or 
more technologies 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, ``(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 Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license, 
publishing on July 18, 1990, a final rule in 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.

Discussion

    This proposed rule would add the NAC International Multi-Purpose 
Canister (NAC-MPC) 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, NAC International (NAC) submitted an 
application for NRC approval with the Safety Analysis Report (SAR): 
``Safety Analysis Report for the NAC Multi-Purpose Canister System 
(NAC-MPC), Revision 2.'' The NRC evaluated the NAC submittal and issued 
a preliminary Safety Evaluation Report (SER) on the NAC SAR and 
proposed Certificate of Compliance (CoC) for the NAC-MPC cask system on 
August 9, 1999.
    The NRC is proposing to approve the NAC-MPC cask system for storage 
of spent fuel under the conditions specified in the proposed CoC. This 
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 the public health and safety would be 
ensured. This cask system is being proposed for listing under 10 CFR 
72.214, ``List of approved spent fuel storage casks,'' to allow holders 
of power reactor operating licenses to store spent fuel in this cask 
system 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 system's CoC is renewed. The certificate 
contains conditions for use which are specific for this cask system and 
addresses issues such as operating procedures, training exercises, and 
spent fuel specification.
    The proposed CoC for the NAC-MPC cask system and the underlying 
preliminary SER, dated August 9, 1999, 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 and 
preliminary SER may be obtained 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].

Discussion of Proposed Amendments by Section

Section 72.214 List of approved spent fuel storage casks.

    Certificate Number 1025 would be added indicating that:

[[Page 45919]]

    (1) The title of the SAR submitted by NAC International is ``Final 
Safety Analysis Report for the NAC Multi-Purpose Canister System (NAC-
MPC System)'';
    (2) The certificate expiration date would be 20 years after final 
rule effective date; and
    (3) The model number affected is NAC-MPC.

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 have significant 
environmental impacts. The proposed rule would add the NAC-MPC 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].

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA) or the provisions of the Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws, but does not confer 
regulatory authority on the State.

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 a means to impose 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.

Voluntary Consensus Standards

    The National Technology Transfer Act of 1995 (Pub. L. 104-113) 
requires that Federal agencies use technical standards that are 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. In this proposed rule, the NRC would add the NAC-MPC cask 
system to the list of NRC approved casks for spent fuel storage in 10 
CFR 72.214. This action does not constitute the establishment of a 
standard that establishes generally-applicable requirements.

Plain Language

    The Presidential Memorandum dated June 1, 1998, entitled ``Plain 
Language in Government Writing,'' directed that the Government's 
writing be in plain language. The NRC requests comments on this 
proposed rule specifically with respect to the clarity and 
effectiveness of the language used. Comments should be sent to the 
address listed under the heading ADDRESSES above.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent nuclear fuel under a 
general license. Any nuclear power reactor licensee can use NRC-
certified casks to store spent nuclear fuel if it notifies 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, additional casks 
have been added to the listing in 10 CFR 72.214.
    The alternative to this proposed action is not to certify these new 
designs and give a site-specific license to each utility that proposes 
to use the casks. This would cost the NRC more time and money for site-
specific reviews. Using site-specific reviews would ignore the 
procedures and criteria currently in place for the addition of new cask 
designs and would be in conflict with the 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 because 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 
and is consistent with previous Commission actions. Further, the 
proposed rule will 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. 
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. 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. 
This proposed rule would have no significant identifiable impact or 
benefit on other Government agencies.
    Based on the above discussion of the benefits and impacts of the 
alternatives,

[[Page 45920]]

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 because this amendment 
does not involve any provisions that would impose backfits as defined 
in the backfit rule. Therefore, a backfit analysis is not required.

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.

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

    1. 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).

    2. In Sec. 72.214, Certificate of Compliance 1025 is added to read 
as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1025
SAR Submitted by: NAC International
SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose 
Canister System
(NAC-MPC System)
Docket Number: 72-1025
Certification Expiration Date: [insert 20 years after the effective 
date of the final rule]
Model Number: NAC-MPC
* * * * *

    Dated at Rockville, Maryland, this 9th day of August, 1999.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-21799 Filed 8-20-99; 8:45 am]
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