[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Notices]
[Pages 48437-48439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23077]


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NUCLEAR REGULATORY COMMISSION

[Docket 72-1015]


NAC International, Inc.; Issuance of Environmental Assessment and 
Finding of No Significant Impact Regarding the Proposed Exemption from 
Requirements of 10 CFR Part 72

    By letter dated July 19, 1999, NAC International, Inc., (NAC or 
applicant) requested an exemption, pursuant to 10 CFR 72.7, from the 
requirements of 10 CFR 72.234(c). NAC, located in Norcross, Georgia, is 
seeking Nuclear Regulatory Commission (NRC or the Commission) approval 
to procure materials for and fabricate 36 transportable storage 
canisters (TSCs), 36 vertical concrete casks (VCCs), and 1 transfer 
cask prior to receipt of the Certificate of Compliance (CoC) for the 
UMS Universal Storage System (UMS). The UMS TSC, VCC, and transfer cask 
are basic components of the UMS system, a cask system designed for the 
dry storage and transportation of spent fuel. The UMS system is 
intended for use under the general license provisions of subpart K of 
10 CFR part 72 by Maine Yankee Atomic Power Company (MYAPC) at the 
Maine Yankee Atomic Power Station (Maine Yankee), located in Wiscasset, 
Maine. The application for the CoC was submitted by NAC to the 
Commission on August 29, 1997, as supplemented.

Environmental Assessment (EA)

    Identification of Proposed Action: NAC is seeking Commission 
approval to procure materials for and fabricate 36 TSCs, 36 VCCs, and 1 
transfer cask prior to receipt of the CoC. The applicant is requesting 
an exemption from the requirements of 10 CFR 72.234(c), which states 
that ``Fabrication of casks under the Certificate of Compliance must 
not start prior to receipt of the Certificate of Compliance for the 
cask

[[Page 48438]]

model.'' The proposed action before the Commission is whether to grant 
this exemption under 10 CFR 72.7.
    Need for the Proposed Action: NAC requested the exemption from 10 
CFR 72.234(c) to ensure the availability of storage casks so that Maine 
Yankee can decommission as scheduled. As a subcontractor to MYAPC, NAC 
is to supply a total of 66 UMS systems. Maine Yankee's decommissioning 
schedule is based on initiating spent fuel loading operations in April 
2001 using the UMS system. The UMS CoC application is under 
consideration by the Commission. It is anticipated that, if approved, 
the CoC would be issued in late 2000.
    MYAPC plans to continue loading the UMS canisters until all spent 
fuel is in dry storage. The current Maine Yankee loading plan specifies 
24 UMS systems to be loaded by October 2001. NAC also requested an 
exemption to fabricate a 90-day supply of additional UMS systems to 
support the Maine Yankee decommissioning plan. Specifically, NAC stated 
that, in addition to the fabrication exemption for the 24-required UMS 
systems, a fabrication exemption is also needed for an additional 12 
TSCs and VCCs to ensure a continuous Maine Yankee loading campaign. 
Consequently, NAC requested a fabrication exemption for a total of 36 
TSCs and VCCs.
    To support training and dry run operations, NAC indicated that the 
first of the UMS TSCs, VCCs, and transfer cask are required by October 
2000. To meet this decommissioning schedule, NAC stated that 
procurement of the TSCs, VCCs, and transfer cask materials must begin 
by September 1999.
    The proposed procurement and fabrication exemption will not 
authorize use of the UMS system to store spent fuel. That will occur 
only when, and if, a CoC is issued. NRC approval of the procurement and 
fabrication exemption request should not be construed as an NRC 
commitment to favorably consider NAC's application for a CoC. NAC will 
bear the risk of all activities conducted under the exemption; 
including the risk that the 36 TSCs, 36 VCCs, and 1 transfer cask that 
NAC plans to construct may not be usable as a result of not meeting 
specifications or conditions delineated in a CoC that NRC may 
ultimately approve.
    Environmental Impacts of the Proposed Action:  The Environmental 
Assessment for the final rule, ``Storage of Spent Nuclear Fuel in NRC-
Approved Storage Casks at Nuclear Power Reactor Sites'' (55 FR 29181 
(1990)), considered the potential environmental impacts of casks which 
are used to store spent fuel under a CoC and concluded that there would 
be no significant environmental impacts. The proposed action now under 
consideration would not permit use of the UMS system, only procurement 
and fabrication. There are no radiological environmental impacts from 
procurement or fabrication since the TSC, VCC, and transfer cask 
material procurement and fabrications do not involve radioactive 
materials. The major non-radiological environmental impacts involve use 
of natural resources due to fabrication. Each TSC weighs approximately 
18 tons and consists mainly of steel. Each VCC weighs approximately 119 
tons and is comprised primarily of concrete. The transfer cask weighs 
approximately 60 tons and consists mainly of steel.
    The amount of steel required for the TSCs and transfer cask is 
expected to have insignificant impact on the steel industry. 
Fabrication of the TSCs and transfer cask would be at a metal 
fabrication facility and is insignificant compared to the amount of 
metal fabrication performed annually in the United States. If the TSCs 
and transfer cask are not usable, they could be disposed of or 
recycled. The amount of material disposed of would be insignificant 
compared to the amount of steel that is disposed of annually in the 
United States. Based upon this information, the procurement of 
materials and fabrication of the canisters and transfer cask will have 
no significant impact on the environment since no radioactive materials 
are involved, and the amount of natural resources used is minimal.
    The amount of concrete required for the VCCs is expected to have an 
insignificant impact on the concrete industry. Fabrication of the VCCs 
would be in the vicinity of the reactor site and is insignificant 
compared to the amount of concrete fabrication performed annually in 
the United States. If the VCCs are not usable, they could be disposed 
of or recycled. The amount of material disposed of would be 
insignificant compared to the amount of concrete that is disposed of 
annually in the United States. Based upon this information, the 
procurement of materials and fabrication of the VCCs will have no 
significant impact on the environment since no radioactive materials 
are involved, and the amount of natural resources used is minimal.
    Alternative to the Proposed Action: Since there is no significant 
environmental impact associated with the proposed action, any 
alternatives with equal or greater environmental impact are not 
evaluated. The alternative to the proposed action would be to deny 
approval of the exemption and, therefore, not allow procurement of 
materials and fabrication of the TSCs, VCCs, and transfer cask until a 
CoC is issued. This alternative would have the same environmental 
impact.
    Given that there are no significant differences in environmental 
impacts between the proposed action and the alternative considered and 
that the applicant has a legitimate need to procure materials and 
fabricate prior to certification and is willing to assume the risk that 
any material procured or any TSC, VCC, or transfer cask fabricated may 
not be approved or may require modification, the Commission concludes 
that the preferred alternative is to approve the procurement and 
fabrication request and grant the exemption from the prohibition on 
fabrication prior to receipt of a CoC.
    Agencies and Persons Consulted: Clough Toppon from the State of 
Maine Bureau of Health was contacted about the EA for the proposed 
action and had no comments.

Finding of No Significant Impact

    The environmental impacts of the proposed action have been reviewed 
in accordance with the requirements set forth in 10 CFR part 51. Based 
upon the foregoing EA, the Commission finds that the proposed action of 
granting an exemption from 10 CFR 72.234(c) so that NAC may procure 
materials for and fabricate 36 TSCs, 36 VCCs, and 1 transfer cask prior 
to issuance of a CoC for the UMS system will not significantly impact 
the quality of the human environment. Accordingly, the Commission has 
determined not to prepare an environmental impact statement for the 
proposed exemption.
    The request for the exemption from 10 CFR 72.234(c) was filed by 
NAC on July 19, 1999. For further details with respect to this action, 
see the application for a CoC for the UMS system, dated August 29, 
1997, as supplemented January 29, February 12, and July 16, 1999. The 
exemption request and CoC application are docketed under 10 CFR part 
72, Docket 72-1015.
    The exemption request and the non-proprietary version of the CoC 
application are available for public inspection at the Commission's 
Public Document Room, 2120 L Street, NW, Washington, DC 20555.

    Dated at Rockville, Maryland, this 20th day of August 1999.


[[Page 48439]]


    For the Nuclear Regulatory Commission.
Susan F. Shankman,
Acting Director, Spent Fuel Project Office, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 99-23077 Filed 9-2-99; 8:45 am]
BILLING CODE 7590-01-P