[Federal Register Volume 65, Number 43 (Friday, March 3, 2000)]
[Rules and Regulations]
[Pages 11458-11459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5154]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN (3150-AG17)


Correction to Comments on the Final Rule ``List of Approved Spent 
Fuel Storage Casks: (HI-STAR 100) Addition''

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correction.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is supplementing the 
administrative record of the final rule ``List of Approved Spent Fuel 
Storage Casks: (HI-STAR 100) Addition'' (64 FR 48259; September 3, 
1999) to ensure a complete and accurate administrative record. This 
document corrects several comment responses that were inconsistent with 
the corresponding language contained in the NRC staff's Safety 
Evaluation Report (SER) or the Certificate of Compliance (CoC), or that 
needed additional clarification; corrects two pages in the CoC due to 
typographical errors; and corrects the CoC expiration date listed in 
the rule text.

EFFECTIVE DATE: This correction is effective October 4, 1999.

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:  

Discussion

    The NRC issued a final rule amending 10 CFR 72.214 on September 3, 
1999; (see 64 FR 48259), which approved the Holtec HI-STAR 100 spent 
fuel storage cask design. Subsequently, Holtec notified the NRC by 
letters dated September 28 and September 29, 1999, that several of the 
responses to public comments contained in the final rule required 
additional clarification. The NRC staff has reviewed Holtec's letters 
and agrees that some of the responses were not complete. Therefore, the 
staff is revising the responses to several public comments contained in 
the final rule. The changes are made to ensure a complete and accurate 
administrative record. Holtec also notified the NRC, in these letters, 
that the final CoC contained two typographical errors. Corrected CoC 
pages have been issued to Holtec and placed in the NRC Public Document 
Room. Additionally, the NRC staff identified that the CoC expiration 
date in Sec. 72.214 of the final rule was incorrect (see 64 FR 48274). 
The Office of Federal Register subsequently published a correction 
notice in the Federal Register (64 FR 50872; September 20, 1999); 
however, the CoC expiration date in that notice was also in error. 
Therefore, this notice corrects the CoC expiration date in the rule 
text of Sec. 72.214 to read as ``October 4, 2019.''

I. Correction of Response to Comments

    Revised responses to Comment Nos. 23, 27, 30, 36, 54, and 70 are as 
follows:
    Comment No. 23: One commenter asked how the pre-passivation or 
anodization of aluminum surfaces is checked? The commenter believes 
this activity should be checked and asked if there is criteria for this 
inspection.
    Revised Response: A separate check or inspection of the pre-
passivation of aluminum surfaces is not necessary. Aluminum is used in 
the MPC-24, MPC-68, and MPC-68F baskets for the Boral neutron absorbers 
and aluminum heat conduction elements that enhance heat transfer from 
the fuel basket to the MPC shell. When exposed to air or water, 
aluminum immediately forms a very thin, compact, and adherent film of 
aluminum oxide, which becomes thicker with increasing temperatures in 
the presence of water. \1\ Holtec's fabrication procedures specify that 
both the Boral neutron absorbers and the heat conduction elements are 
immersed in water for a minimum of 72 hours before these components are 
installed in the MPC. During this fabrication step, the absence of any 
gas bubbles emanating from the water after 72 hours indicates that all 
exposed aluminum surfaces have been covered with aluminum oxide (i.e., 
the aluminum surfaces have been passivated). These fabrication 
activities are accomplished under Holtec's approved Quality Assurance 
program. Therefore, a physical inspection of these aluminum components 
is not necessary to ensure that the surfaces have been properly 
passivated.
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    \1\ Corrosion Resistance of Aluminum and Aluminum Alloys, Metals 
Handbook, Desk Edition, American Society for Metals, 1985..
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    Comment No. 27: One commenter asked whether the design has been 
evaluated for a seismic event during loading and unloading.
    Revised Response: The HI-STAR cask is designed to withstand seismic 
motions while in storage on the ISFSI pad without tipping over or 
sliding. The seismic accelerations used in the generic design basis for 
the HI-STAR 100 system are documented in the HI-STAR 100 CoC and TSAR. 
There are no cask seismic supports or restraints required during 
loading or unloading operations by the generic cask operating 
procedures in the TSAR. Seismic considerations are among the design 
bases that individual users must evaluate if using the HI-STAR 100 
pursuant to the general licensing requirements of 10 CFR part 72. Each 
utility choosing to use the general license must perform an evaluation 
pursuant to 10 CFR 72.212 to determine whether its site-specific 
seismic accelerations at the locations where loading and unloading 
operations take place are bounded by the generic values in the CoC and 
TSAR. Based on this evaluation, users must determine whether any 
seismic support for the cask is required.
    Comment No. 30: One commenter questioned the drain-down time and 
asked how frequently the water is checked. The commenter requested 
information on what happens if the MPC can't be vacuum dried 
successfully, and when the fuel needs to be put back in the pool.
    Revised Response: The HI-STAR 100 cask design does not require any 
limitations on drain-down time (i.e., how long it takes to drain water 
from the MPC during the vacuum drying process). Holtec's thermal 
analysis of the spent fuel's peak cladding temperature during the 
vacuum-drying process demonstrated that, regardless of the length of 
time necessary to complete the drain-down and vacuum drying, the peak 
cladding temperature would remain less than the 570  deg.C (1058 
deg.F) ``short-term condition'' temperature limit. Therefore, a drain-
down time limit is not necessary and is not specified in the Technical 
Specifications (TS). Because there is no limitation on drain-down time, 
there is also no requirement on how frequently the water draining from 
the cask should be checked. Furthermore, because a drain-down time 
limit is not contained

[[Page 11459]]

in the TS, a corresponding time limit for corrective actions is also 
not required (e.g., a requirement to unload a cask that cannot be 
successfully vacuum dried within a specified period of time). Limits on 
drain-down time and any corrective actions to be taken in response to 
exceeding these drain-down time limits may be voluntarily provided by 
the cask user as an operational aid in a site-specific vacuum-drying 
procedure. Separately, the NRC notes that the TS prohibit entry into 
the transport operation mode if LCO 2.1.1 is not met; and LCO 2.1.1 
contains a vacuum drying pressure surveillance requirement.
    Comment No. 36: One commenter asked whether shims are used and 
stated that shims or gaps were not acceptable.
    Revised Response: The design and fabrication intent is that no 
shims be used in the closure weld of HI-STAR 100 casks. However, when 
the as-manufactured fit-up gap exceeds 1/16th inch between the lid and 
the shell, shims may be used, as shown on Design Drawing No. 1396, 
Sheet 1, for the MPC 24.
    Comment No. 54: One commenter asked how lifting height should be 
verified and stated that the height should be recorded.
    Revised Response: The maximum lifting height maintains the 
operating conditions of the Spent Fuel Storage Cask (SFSC) within the 
design and analysis basis. It is the general licensee's responsibility 
to limit the SFSC lifting height to allowable values. The lift height 
requirements are specified in TS LCO 2.1.3 for the vertical and 
horizontal orientations. Surveillance requirements require verification 
that SFSC lifting requirements are met after the SFSC is either 
suspended or secured in the transporter and prior to moving the SFSC 
within the ISFSI.
    Comment No. 70: One commenter stated that the frequency of SR 
2.1.3.1 should be revised because, as written, the frequency would 
apply only when a cask is being moved to or from the ISFSI and would 
not apply at other times, such as when moving casks within the ISFSI. 
However, the drop analysis applies any time the cask is suspended. The 
frequency should be revised similar to ``Prior to movement of an 
SFSC.''
    Revised Response: The NRC agrees with the comment. The frequency of 
SR 2.1.3.1 has been revised.

II. Corrections to CoC No. 72-1008

    The NRC is correcting CoC No. 72-1008 to address two typographical 
errors that occurred during final printing. First, on page 10 in 
Appendix B, item 2.c is corrected to refer to Table 1.1-3 instead of 
Table 2.1-3. Second, the definition of the term FUEL DEBRIS in Appendix 
A (p. 1.1-1) is corrected to match the definition of the same term 
contained in Appendix B (page 1).
    The NRC considers these CoC changes to be administrative 
corrections, which remove confusion and do not change the substance of 
the CoC. No other changes to CoC No. 72-1008 are being made. Revised 
CoC pages have been sent to Holtec and placed in the NRC Public 
Document Room.

III. Correction of Rule Text

    In the final rule published in the Federal Register on September 3, 
1999 (see 64 FR 48274) first column, under Sec. 72.214, the expiration 
date for CoC No. 1008 was listed as ``(20 years after the final rule 
effective date).'' This was incorrect. Instead of text, the CoC 
expiration date should have been listed as a date certain. The final 
rule was effective on October 4, 1999; therefore, the CoC expiration 
date should have been listed as October 4, 2019. To address this 
problem the Office of Federal Register published a correction notice on 
September 20, 1999, (64 FR 50872) second column, under Sec. 72.214, 
which specified a date certain of September 20, 2019. However, this 
date was also in error. This notice corrects the expiration date for 
CoC No. 1008 to read as ``October 4, 2019.''

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

    1. In Sec. 72.214, Certificate of Compliance No. 1008, as published 
on September 3, 1999 on page 48274, first column, and corrected on 
September 20, 1999 on page 50872, second column, is further corrected 
to read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1008
SAR Submitted by: Holtec International
SAR Title: HI-STAR 100 Cask System Topical Safety Analysis Report
Docket Number: 72-1008
Certification Expiration Date: October 4, 2019
Model Number: HI-STAR 100
* * * * *

    Dated at Rockville, Maryland, this 9th day of February, 2000.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 00-5154 Filed 3-2-00; 8:45 am]
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