[Federal Register Volume 65, Number 31 (Tuesday, February 15, 2000)]
[Notices]
[Pages 7575-7577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3516]


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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 January 12, 2000, 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

[[Page 7576]]

Commission (NRC or the Commission) approval to fabricate three HI-STORM 
100 overpacks, and one HI-TRAC-125 transfer cask prior to issuance of 
the Certificate of Compliance (CoC) for the HI-STORM 100 system. The 
HI-STORM 100 overpack and the HI--TRAC-125 transfer cask are basic 
components of the HI-STORM 100 system, a cask system designed for the 
dry storage of spent nuclear fuel. The HI-STORM 100 system is intended 
for use under the general license provisions of 10 CFR part 72, subpart 
K, by Southern Nuclear Operating Company at the Edwin I. Hatch Power 
Plant (Hatch), located in Baxley, Georgia.

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 system. This application is currently under 
consideration by the NRC staff. The applicant is seeking Commission 
approval to fabricate three HI-STORM 100 overpacks and one HI-TRAC 100 
transfer cask prior to the Commission's issuance of a CoC for the HI-
STORM 100 system. 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 allow fabrication, 
including material procurement, prior to issuance of the CoC and to 
grant this exemption pursuant to 10 CFR 72.7.

Need for the Proposed Action

    Holtec requested the exemption from 10 CFR 72.234(c) to ensure the 
availability of overpacks so that Hatch can continue loading dry 
storage casks as planned. Hatch plans to begin loading the three HI-
STORM 100 systems in April 2001. Holtec has requested this exemption to 
allow Hatch sufficient time for training and pre-operational testing. 
To support Hatch's cask loading schedule, Holtec stated that it must 
begin fabrication activities in early April 2000; 3 months prior to the 
scheduled issuance of the HI-STORM 100 CoC, in July 2000.
    The HI-STORM 100 application, dated October 26, 1995, is under 
consideration by the Commission. It is anticipated that, if approved, 
the HI-STORM-100 CoC may be issued by July 2000. The proposed 
fabrication exemption will not authorize use of the HI-STORM 100 
overpacks to store spent fuel. That will occur only when, and if, a CoC 
is issued. NRC approval of the exemption request should not be 
construed as NRC's favorable consideration of Holtec's application for 
a CoC. Holtec will bear the risk of all activities conducted under the 
exemption, including the risk that the three HI-STORM 100 overpacks and 
one HI-TRAC-125 transfer cask that Holtec plans to construct may not be 
usable because they may not meet the specifications or conditions 
delineated in a CoC that the NRC may ultimately approve.

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 
primarily metal and concrete. The HI-TRAC-125 transfer cask weighs 
approximately 125 tons and is made primarily of 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. 
Fabrication of the concrete overpacks would be partially done at a 
metal fabrication facility and completed by pouring the concrete at the 
Hatch site. The metal and concrete used in the fabrication of these 
components is insignificant compared to the amount of metal and 
concrete used in construction 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 an 
exemption from the prohibition on fabrication prior to receipt of a 
CoC.

Agencies and Persons Consulted

    Mr. J. Setzer, Chief of Program Coordination, Department of Natural 
Resources, State of Georgia, 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 three HI-STORM 100 overpacks and one HI-TRAC-
125 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 
January 12, 2000. For further details with respect to this action, see 
the application for CoC for the HI-STORM 100 system, dated October 26, 
1995. On July 30, 1999, a preliminary Safety Evaluation Report and 
proposed CoC for the HI-STORM 100 system were issued by the NRC staff 
to initiate rulemaking to add the HI-STORM 100 system to the list of 
approved cask designs in 10 CFR

[[Page 7577]]

72.214. The exemption request and CoC application are docketed under 
Docket No. 72-1014. These documents are available for public review at 
the Commission's Public Document Room, 2120 L Street, NW, Washington, 
DC 20555.

    Dated at Rockville, Maryland, this 8th day of February 2000.

    For the Nuclear Regulatory Commission.
E. William Brach, Director,
Spent Fuel Project Office, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 00-3516 Filed 2-14-00; 8:45 am]
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