[Federal Register Volume 65, Number 12 (Wednesday, January 19, 2000)]
[Notices]
[Pages 2995-2996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1173]


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NUCLEAR REGULATORY COMMISSION

[Docket 72-1014]


Holtec International; Issuance of Environmental Assessment and 
Finding of No Significant Impact Regarding the Request for Exemption 
From Requirements of 10 CFR Part 72

    By letter dated November 15, 1999, Holtec International (Holtec or 
applicant) requested an exemption, pursuant to 10 CFR 72.7, from the 
requirements of 10 CFR 72.234(c). Holtec, located in Marlton, New 
Jersey, is seeking Nuclear Regulatory Commission (NRC or the 
Commission) approval to fabricate four HI-STORM 100 overpacks, and one 
HI-TRAC 100 transfer cask prior to receipt of the Certificate of 
Compliance (CoC) for the HI-STORM 100 cask system. The HI-STORM 100 
overpack and the HI-TRAC 100 transfer cask are basic components of the 
HI-STORM 100 system, a cask system designed for the dry storage and 
transportation of spent nuclear fuel. The HI-STORM 100 cask system is 
intended for use under the general license provisions of Subpart K of 
10 CFR Part 72 by Commonwealth Edison Company (ComEd) at the Dresden 
Nuclear Power Station, Units 2 and 3 (Dresden), located in Morris, 
Illinois.

Environmental Assessment (EA)

Identification of Proposed Action

     By letter dated October 26, 1995, as supplemented, and pursuant to 
10 CFR Part 72, Holtec submitted an application to the NRC for a CoC 
for the HI-STORM 100 cask system. This application is currently under 
consideration by the NRC staff. The applicant is seeking Commission 
approval to fabricate four HI-STORM 100 overpacks and one HI-STORM 100 
transfer cask prior to the Commission's issuance of a CoC for the HI-
STORM 100 cask system. The HI-STORM 100 cask system is intended for use 
under the general license provisions of Subpart K of 10 CFR Part 72 by 
ComEd at Dresden in Morris, Illinois. The applicant requests an 
exemption from the requirements of 10 CFR 72.234(c), which state 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 
approve fabrication, including material procurement, and whether to 
grant this exemption pursuant to 10 CFR 72.7.

Need for the Proposed Action

     Holtec requested the exemption to 10 CFR 72.234(c) to ensure the 
availability of overpacks so that ComEd can maintain full core off-load 
capability at Dresden. Dresden will lose full core off-load capability 
in the fall of 2001. Dresden requests the delivery of the four HI-STORM 
100 overpacks and one HI-TRAC 100 transfer cask by November 20, 2001. 
Holtec states that to meet this schedule, fabrication must begin by 
February 15, 2000.
    The HI-STORM 100 cask system application, dated October 26, 1995, 
is under consideration by the Commission. It is anticipated that, if 
approved, the HISTORM-100 cask system CoC may be issued by July 2000. 
The proposed fabrication exemption will not authorize use of any Holtec 
overpack to store spent fuel. That will occur only when, and if, a CoC 
is issued. An NRC approval of the fabrication exemption request should 
not be construed as an NRC commitment to favorably consider any Holtec 
application for a CoC. Holtec will bear the risk of all activities 
conducted under the exemption, including the risk that the four HI-
STORM 100 overpacks and one HI-TRAC 100 transfer cask that Holtec plans 
to construct may not be usable because they may not meet specifications 
or conditions placed in a CoC that the NRC may ultimately approve.

[[Page 2996]]

Environmental Impacts of the Proposed Action

     Regarding the fabrication exemption, 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 overpacks which are 
used to store spent nuclear 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 overpacks, but would 
only permit fabrication. There are no radiological environmental 
impacts from fabrication since overpack fabrication does not involve 
radioactive materials. The major non-radiological environmental impacts 
involve use of natural resources due to overpack fabrication. Each HI-
STORM 100 overpack weighs approximately 100 tons and is constructed of 
metal and concrete. The HI-TRAC 100 transfer cask weighs approximately 
125 tons and is made of structural steel and lead. The amount of 
materials required to fabricate these components is expected to have 
very little impact on the associated industry. Fabrication of the metal 
components would be at a metal fabrication facility, while fabrication 
of the concrete overpacks would be partially fabricated at the same 
metal fabrication facility, with only the concrete pours being done at 
Dresden. The metal and concrete used in the fabrication of these 
components is insignificant compared to the amount of metal and 
concrete fabrication performed annually in the United States. If the 
components are not usable, the components could be disposed of or 
recycled. The amount of metal and concrete disposed of is insignificant 
compared to the amount of metal and concrete that is disposed of 
annually in the United States. Based upon this information, the 
fabrication of these components 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 actions, any alternatives with equal or greater 
environmental impact are not evaluated. The alternative to the proposed 
actions would be to deny approval of the exemption and, therefore, not 
allow fabrication until a CoC is issued. This alternative would have 
the same environmental impact.
    Given that there are no significant differences in environmental 
impact between the proposed action and the alternative considered and 
that the applicant has a legitimate need to fabricate the components 
prior to certification and is willing to assume the risk that any 
fabricated components may not be approved or may require modification, 
the Commission concludes that the preferred alternative is to grant the 
exemption from the prohibition on fabrication prior to receipt of a 
CoC.

Agencies and Persons Consulted

    Mr. F. Niziolek, Reactor Safety Section Head, Illinois Department 
of Nuclear Safety, was contacted about the Environmental Assessment 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 Environmental Assessment, the Commission finds that 
the proposed action of granting an exemption from 10 CFR 72.234(c) so 
that Holtec may fabricate four HI-STORM 100 overpacks and one HI-TRAC-
100 transfer cask prior to issuance of a CoC 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 on 
November 15, 1999. For further details with respect to this action, see 
the application for CoC for the HI-STORM 100 cask system, dated October 
26, 1995. On July 30, 1999, a preliminary Safety Evaluation Report and 
a proposed CoC for the HI-STORM 100 cask system were issued by the NRC 
staff to initiate the rulemaking process. The exemption request and CoC 
application are docketed under 10 CFR Part 72, Docket 72-1014. These 
documents are available for public inspection at the Commission's 
Public Document Room, 2120 L Street, NW, Washington, DC 20555.

    Dated at Rockville, Maryland, this 10th day of January 2000.

    For the Nuclear Regulatory Commission.
E. William Brach,
Director Spent Fuel Project, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 00-1173 Filed 1-18-00; 8:45 am]
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