[Federal Register Volume 64, Number 183 (Wednesday, September 22, 1999)]
[Rules and Regulations]
[Pages 51187-51189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24572]



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  Federal Register / Vol. 64, No. 183 / Wednesday, September 22, 1999 / 
Rules and Regulations  

[[Page 51187]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG36


List of Approved Spent Fuel Storage Casks: (VSC-24) Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the Pacific Sierra Nuclear Associates (PSNA) VSC-
24 cask system listing within the ``List of Approved Spent Fuel Storage 
Casks'' to include Amendment No. 1 to the Certificate of Compliance. 
Amendment No. 1 will modify the present cask system design to permit a 
licensee to store burnable poison rod assemblies in the VSC-24 cask 
system design along with the spent fuel under a general license.

DATES: The final rule is effective December 6, 1999, unless significant 
adverse comments are received by October 22, 1999. If adverse comments 
are received, a timely withdrawal will be published in the Federal 
Register informing the public that the rule will not take effect.

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 am and 4:15 p.m. on Federal workdays.
    You may also provide comments via the NRC's interactive rulemaking 
website through the NRC's home page (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 rule, 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 rule.

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 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 by 
publishing a final rule in 10 CFR part 72 entitled ``General License 
for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 29181, July 
18, 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 spent fuel 
storage cask designs. The NRC subsequently issued a final rule on April 
7, 1993 (58 FR 17948) that approved the VSC-24 cask design and added it 
to the list of NRC-approved cask designs in Sec. 72.214 as Certificate 
of Compliance Number (CoC No.) 1007.

Discussion

    On December 30, 1998, the certificate holder (Pacific Sierra 
Nuclear Associates (PSNA)) submitted an application to the NRC to amend 
CoC No. 1007 to permit a Part 72 licensee to store burnable poison rod 
assemblies (BPRAs) with Babcock & Wilcox (B&W) 15 x15 spent fuel 
assemblies in the VSC-24 cask design. A BPRA is a reactor core 
component that is inserted inside a fuel assembly during core 
refueling. BPRAs provide a means of controlling reactor power 
distribution and do not contain fissile material. No other changes to 
the VSC-24 cask system design were requested in this application. The 
staff performed a detailed safety evaluation of the proposed CoC 
amendment request and found that the addition of the BPRAs to the B&W 
15 x15 fuel does not reduce the VSC-24 safety margin. In addition, the 
staff has determined that the storage of BPRAs in the VSC-24 does not 
pose any increased risk to public health and safety.
    This direct final rule revises the VSC-24 cask design listing in 
Sec. 72.214 by adding Amendment No. 1 to CoC No. 1007. The amendment 
consists of changes to the Technical Specifications for the VSC-24 cask 
design which will permit a Part 72 licensee to store burnable poison 
rod assemblies (BPRAs) with B&W 15 x15 spent fuel assemblies in a VSC-
24 cask system design. The particular Technical Specifications which 
are changed are identified in the NRC Staff's Safety Evaluation Report 
for Amendment No. 1.
    The title of the safety analysis report (SAR) will be changed from 
``Safety Analysis Report for the Ventilated Storage Cask System'' to 
``Final Safety Analysis Report for the Ventilated Storage Cask 
System.'' This action is being taken to ensure the SAR title is 
consistent with the approach taken in new Sec. 72.248, recently 
approved by the Commission. Additionally, other minor, nontechnical, 
changes have been made to CoC No. 1007 to ensure consistency with the 
NRC's new standard format and content for CoCs.
    The amended VSC-24 cask system, when used in accordance with the 
conditions specified in the CoC, the Technical Specifications, and NRC 
regulations, will meet the requirements

[[Page 51188]]

of Part 72; thus, adequate protection of public health and safety will 
continue to be ensured.
    CoC No. 1007, the revised Technical Specifications, and the 
underlying Safety Evaluation Report for Amendment No. 1, dated 
September 3, 1999, and the Environmental Assessment, are available for 
inspection at the NRC Public Document Room, 2120 L Street, NW. (Lower 
Level), Washington, DC. Single copies of the CoC 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 Amendments by Section

Section 72.214  List of Approved Spent Fuel Storage Casks

    Certificate No. 1007 is revised by adding the effective date of the 
initial certificate, the effective date of Amendment Number 1, and 
revising the title of the SAR submitted by Pacific Sierra Nuclear 
Associates to ``Final Safety Analysis Report for the Ventilated Storage 
Cask System.''

Procedural Background

    This rule is limited to the changes contained in Amendment 1 to CoC 
No. 1007 and does not include other aspects of the VSC-24 cask system 
design. Because NRC considers this amendment to its rules to be 
noncontroversial and routine, the NRC is using the direct final rule 
procedure for this rule. The amendment to the rule will become 
effective on December 6, 1999. However, if the NRC receives significant 
adverse comments on this direct final rule by October 22, 1999, then 
the NRC will publish a document that withdraws this action and will 
address the comments received in response to the amendment. These 
comments will be addressed in a subsequent final rule based on a 
proposed rule published elsewhere in this issue of the Federal 
Register. The NRC will not initiate a second comment period on this 
action.

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 would amend the CoC for the VSC-24 cask system within the list of 
approved spent fuel storage casks that power reactor licensees can use 
to store spent fuel at reactor sites under a general license. The 
amendment will modify the present cask system design to permit a Part 
72 licensee to store burnable poison rod assemblies in the VSC-24 cask 
system design along with the spent fuel. 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 direct final 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 used 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 direct final rule, the NRC would revise the PSNA 
VSC-24 cask system design listed in Sec. 72.214 (List of NRC-approved 
spent fuel storage cask designs). 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 direct 
final 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 in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs 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. A list of NRC-approved cask designs is 
contained in Sec. 72.214. On April 7, 1993 (58 FR 17948), the NRC 
issued an amendment to Part 72 that approved the VSC-24 cask design, 
added it to the list of NRC-approved cask designs in Sec. 72.214, and 
issued CoC No. 1007. On December 30, 1998, the certificate holder 
(Pacific Sierra Nuclear Associates (PSNA)), submitted an application to 
the NRC to amend CoC No. 1007 to permit a Part 72 licensee to store 
burnable poison rod assemblies (BPRAs) with Babcock & Wilcox (B&W) 15 
x15 spent fuel assemblies in the VSC-24 cask design.
    This rule will permit storage of reactor core components, which are 
BPRAs that do not contain fissile material, in the VSC-24 cask system. 
The alternative to this action is to withhold approval of this amended 
cask system design and issue an exemption to each general license that 
proposes to use the casks to store BPRAs. This alternative would cost 
both the NRC and the utilities more time and money because each utility 
would have to pursue an exemption.
    Approval of the direct final rule will eliminate the above 
described problem and is consistent with previous Commission actions. 
Further, the direct final rule will have no adverse effect on public 
health and safety. This direct final rule 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 direct final 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.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of

[[Page 51189]]

Information and Regulatory Affairs, Office of Management and Budget.

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 direct final rule affects only the licensing and 
operation of nuclear power plants, independent spent fuel storage 
facilities, and Pacific Sierra Nuclear Associates. 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 direct final rule because this 
amendment does not involve any provisions that would impose backfits as 
defined. Therefore, a backfit analysis is not required.

List of Subjects In 10 CFR Part 72

    Administrative practice and procedure, Manpower training programs, 
Nuclear materials, Occupational safety and health, Penalties, 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 adopting 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, the entry for Certificate of Compliance Number 
1007 is revised to read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1007.
    Initial Certificate Effective Date: May 7, 1993.
    Amendment Number 1 Effective Date: December 6, 1999.
    SAR Submitted by: Pacific Sierra Nuclear Associates.
    SAR Title: Final Safety Analysis Report for the Ventilated 
Storage Cask System.
    Docket Number: 72-1007.
    Certificate Expiration Date: May 7, 2013.
    Model Number: VSC-24.
* * * * *
    Dated at Rockville, Maryland, this 3rd day of September, 1999.
    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-24572 Filed 9-21-99; 8:45 am]
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