[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Notices]
[Pages 51565-51566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24814]


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NUCLEAR REGULATORY COMMISSION

[Docket 72-1025]


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 August 2, 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 15 transportable storage 
canisters (TSCs), 15 vertical concrete casks (VCCs), and 1 transfer 
cask prior to receipt of the Certificate of Compliance (CoC) for the 
NAC Multi-Purpose Canister (MPC). The MPC TSC, VCC, and transfer cask 
are basic components of the MPC system, a cask system designed for the 
dry storage and transportation of spent fuel. The MPC system is 
intended for use under the general license provisions of Subpart K of 
10 CFR part 72 by Yankee Atomic Power Company (YAPC) at the Yankee Rowe 
Atomic Power Station (Yankee Rowe), located in Bolton, MA. The 
application for the CoC was submitted by NAC to the Commission on April 
29, 1997, as supplemented.

Environmental Assessment (EA)

Identification of Proposed Action

    NAC is seeking Commission approval to procure materials and 
fabricate 15 TSCs, 15 VCCs, and 1 transfer cask prior to receiving 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 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 Yankee Rowe can decommission as 
scheduled. Yankee Rowe's decommissioning schedule is based on 
initiating spent fuel loading operations in October 2000 using the MPC 
system. The MPC CoC application is under consideration by the 
Commission. A draft CoC and safety evaluation report (SER) have been 
prepared. It is anticipated that the final COC and SER, if approved, 
would not be issued before February 2000.
    To support training and dry run operations, NAC indicated that the 
first of the MPC TSCs, VCCs and the transfer cask are required by 
October 2000. NAC stated that procurement of the TSCs, VCCs, and 
transfer cask material must begin by September 1999 to meet the Yankee 
Rowe decommissioning schedule; that delivery times for these materials 
are on the order of four to six months; and that upon receipt of the 
materials, the fabrication and acceptance schedule is approximately six 
to eight months. Thus, NAC could need to commence fabrication of the 
casks prior to receipt of the COC.
    The proposed fabrication exemption will not authorize use of the 
MPC system to store spent fuel. That will occur only when, and if, a 
CoC is issued. NRC approval of the 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 15 TSCs, 15 
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 the 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 not be significant environmental impacts. 
The proposed action now under consideration would not permit use of the 
MPC system, only fabrication. There are no radiological environmental 
impacts from fabrication since the TSC, VCC, and transfer cask 
fabrications do not involve radioactive materials. The major non-
radiological environmental

[[Page 51566]]

impacts involve use of natural resources due to fabrication. Each TSC 
weighs approximately 24,130 pounds and consists mainly of steel. Each 
VCC weighs approximately 155,000 pounds and is made primarily of 
concrete. The transfer cask weighs approximately 80,800 pounds and 
consists mainly of steel.
    The amount of steel required for the TSCs and transfer casks is 
expected to have an 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 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 
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 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 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 fabrication request and grant the 
exemption from the prohibition on fabrication prior to receipt of a 
CoC.

Agencies and Persons Contacted

    Mr. James Muckerheide from the Massachusetts Emergency Management 
Agency 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 
on the forgoing EA, the Commission finds that the proposed action of 
granting an exemption from 10 CFR 72.234(c) so that NAC may fabricate 
15 TSCs, 15 VCCs, and 1 transfer cask prior to issuance of a CoC for 
the MPC 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 August 2, 1999. For further details with respect to this action, 
see the application for a CoC for the MPC system dated April 29, 1997, 
as supplemented. The exemption request and CoC application are docketed 
under 10 CFR part 72, Docket 72-1025. The exemption request and the 
non-proprietary version of the CoC application are available for public 
inspection at the Commissions's Public Document Room, 2120 L Street, 
NW, Washington, DC 20555.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 13th day of September, 1999.
E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 99-24814 Filed 9-22-99; 8:45 am]
BILLING CODE 7590-01-P