[Federal Register Volume 64, Number 183 (Wednesday, September 22, 1999)]
[Proposed Rules]
[Pages 51271-51273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24667]



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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG31


List of Approved Spent Fuel Storage Casks: Holtec HI-STORM 100 
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-STORM 100 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 Holtec HI-STORM 100 cask system under a general 
license.

DATES: The comment period expires December 6, 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: Merri Horn, telephone (301) 415-8126, 
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 Energy] shall establish a 
demonstration program 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 Holtec HI-STORM 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 submitted an application for NRC approval with the Safety 
Analysis Report (SAR): ``Topical Safety Analysis Report for the HI-
STORM 100 Cask System.'' The NRC evaluated the Holtec submittal and 
issued a preliminary Safety Evaluation Report (SER) on the Holtec SAR 
and proposed Certificate of Compliance (CoC) for the Holtec HI-STORM 
100 cask system on September 10, 1999.
    The NRC is proposing to approve the Holtec HI-STORM 100 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, and spent fuel specification.
    The proposed CoC for the Holtec HI-STORM 100 cask system and the 
underlying preliminary SER, dated September 10, 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 Merri Horn, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone (301) 415-8126, email [email protected].

Discussion of Proposed Amendments by Section

Section 72.214  List of Approved Spent Fuel storage Casks

    Certificate Number 1014 would be added indicating that:
    (1) The title of the SAR is ``Final Safety Analysis Report for the 
HI-STORM 100 Cask System'';
    (2) The Docket Number is 72-1014;
    (3) The certificate expiration date would be 20 years after final 
rule effective date; and
    (4) The model number affected is HI-STORM 100.

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.

Plain Language

    The Presidential Memorandum dated June 1, 1998, entitled ``Plain 
Language

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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.

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 Holtec HI-
STORM 100 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.

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 Holtec HI-STORM 
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 Merri Horn, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone (301) 415-8126, 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 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.

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 both the NRC and the utilities more 
time and money in that each utility would have to pursue a new site-
specific license. Using site-specific licenses 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. 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, 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

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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 Section 72.214, Certificate of Compliance 1014 is added to 
read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1014.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
System.
    Docket Number: 72-1014.
    Certification Expiration Date: [insert 20 years after the effective 
date of the final rule].
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 10th day of September 1999.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-24667 Filed 9-21-99; 8:45 am]
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