[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Rules and Regulations]
[Pages 38718-38720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15540]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG55


List of Approved Spent Fuel Storage Casks: VSC-24 Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the Pacific Sierra Nuclear Associates (PSNA) VSC-
24 cask system listing within the 10 CFR part 72 ``List of approved 
spent fuel storage casks,'' to include Amendment No. 2 to the 
Certificate of Compliance (CoC). Amendment No. 2 will revise the 
Technical Specifications and CoC regarding welding and nondestructive 
examination of welds, the method for determining cask drain time during 
loading, the minimum temperature for moving the loaded multi-assembly 
sealed basket (MSB), artificial thermal loads other than spent fuel 
that may be used to obtain temperature data, and the maximum 
permissible air outlet temperature. In addition, the amendment includes 
changes to the Technical Specifications and CoC to correct 
typographical errors and to make other minor clarifications and 
changes. This amendment will allow the holders of power reactor 
operating licenses to store spent fuel in the VSC-24 cask system, as 
amended, under a general license.

DATES: The final rule is effective September 5, 2000, unless 
significant adverse comments are received by July 24, 2000. If adverse 
comments are received, a timely withdrawal will be published in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. Attention: Rulemakings and 
Adjudications Staff.
    Deliver comments to 11555 Rockville Pike, Rockville, Maryland, 
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://ruleforumllnl.gov). This site provides the capability 
to upload comments as files (any format), if your web browser supports 
that function. For information about the interactive rulemaking 
website, contact Ms. Carol Gallagher, (301) 415-5905 (e-mail: 
[email protected]).
    Copies of any comments received may be examined at the NRC Public 
Document Room, 2120 L Street, NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, telephone (301) 415-
6195, 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 the Department of Energy] 
shall establish a demonstration program, in cooperation with the 
private sector, for the dry storage of spent nuclear fuel at civilian 
nuclear 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, that ``[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 NRC approved dry storage of spent 
nuclear fuel in NRC-approved casks under a general license, publishing 
a final rule, in 10 CFR part 72 entitled ``General License for Storage 
of Spent Fuel at Power Reactor Sites'' (55 FR 29181, July 18, 1990). 
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.
    The NRC subsequently issued a final rule on April 7, 1993 (58 FR 
17948), that approved the VSC-24 cask design, added it to the list of 
NRC-approved cask designs in Sec. 72.214, and issued Certificate of 
Compliance Number (CoC No.) 1007.

Discussion

    On November 20, 1998, PSNA (the certificate holder), submitted an 
application to the NRC to amend CoC No. 1007 to revise the Technical 
Specifications and CoC regarding welding and nondestructive examination 
of welds, the method for determining cask drain time during loading, 
the minimum temperature for moving the loaded multi-assembly sealed 
basket (MSB), artificial thermal loads other than spent fuel that may 
be used to obtain temperature data, and the maximum permissible air 
outlet temperature. In addition, the amendment includes changes to the 
Technical Specifications and CoC to correct typographical errors and to 
make other minor clarifications and changes. These changes are 
described in the Revision History for Amendment 2 (CoC, Attachment A, 
pages iii and iv). The staff performed a safety evaluation of the 
amendment request and found that the changes provide reasonable 
assurance that the spent fuel can be stored safely and in compliance 
with 10 CFR Part 72. The staff documented its review and evaluation in 
a Safety Evaluation Report. A separate amendment request (submitted 
December 30, 1998) to permit a Part 72 licensee to store burnable 
poison rod assemblies (BPRAs) in the VSC-24 cask design along with the 
spent fuel is being addressed in a separate rulemaking.
    This direct final rule will revise the PSNA VSC-24 cask system 
listing within the list of NRC-approved casks for spent fuel storage in 
Sec. 72.214 by adding Amendment No. 2 to CoC No. 1007. The amended VSC-
24 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 public health and safety will 
continue to be ensured. Amendment No. 2 applies to any VSC-24 cask 
loaded after September 5, 2000.
    Amendment No. 2 to CoC No. 1007 and the underlying SER, and the 
Environmental Assessment and Finding of No Significant Impact are 
available for inspection and comment at the NRC Public Document Room, 
2120 L Street, NW. (Lower Level), Washington, DC. Single copies of the 
CoC and SER may be obtained from Gordon Gundersen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone (301) 415-6195, email [email protected].

[[Page 38719]]

Discussion of Amendments by Section

Section 72.214  List of Approved Spent Fuel Storage Casks

    Certificate No. 1007 will be revised indicating the addition of 
Amendment No. 2 and its effective date.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 2 to 
CoC 1007 and does not include other aspects of the VSC-24 cask system 
design. Because NRC considers this amendment to its rules to be 
noncontroversial and routine, the NRC is using the direct final rule 
procedure for this rule. The amendment to the rules will become 
effective on September 5, 2000. However, if the NRC receives 
significant adverse comments on the associated proposed rule notice 
published concurrently in the proposed rules section of this Federal 
Register by July 24, 2000, then the NRC will publish a document that 
withdraws this action and will address the comments received in 
response to the amendments. These comments will be addressed in a 
subsequent final rule. Absent significant modification to the proposed 
revisions requiring republication, the NRC will not initiate a second 
comment period on this action.

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 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 in Government Writing,'' directed that the Government's 
writing be in plain language. The NRC requests comments on this direct 
final 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 direct final rule, the NRC will revise the PSNA 
VSC-24 cask system listing within 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 will add Amendment No. 2 to the VSC-24 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 amendment will revise the Technical 
Specifications and CoC regarding welding and nondestructive examination 
of welds, the method for determining cask drain time during loading, 
the minimum temperature for moving the loaded MSB, artificial thermal 
loads other than spent fuel that may be used to obtain temperature 
data, and the maximum permissible air outlet temperature. In addition, 
the amendment includes changes to correct typographical errors and 
other minor clarifications and changes. 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 Gordon Gundersen, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
Telephone (301) 415-6195, email [email protected].

Paperwork Reduction Act Statement

    This direct final 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 used 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 in cask system designs approved by the NRC. 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.
    A list of NRC-approved cask system designs is contained in 
Sec. 72.214. On April 7, 1993 (58 FR 17948), the NRC issued an 
amendment to part 72 that approved the VSC-24 cask design, added it to 
the list of NRC-approved cask designs in Sec. 72.214, and issued CoC 
No. 1007. On November 20, 1998, the certificate holder submitted an 
application to the NRC to amend CoC No. 1007 to revise the Technical 
Specifications and CoC regarding welding and nondestructive examination 
of welds, the method for determining cask drain time during loading, 
the minimum temperature for moving the loaded MSB, artificial thermal 
loads other than spent fuel that may be used to obtain temperature 
data, and the maximum permissible air outlet temperature. In addition, 
the amendment includes changes to the Technical Specifications and CoC 
to correct typographical errors and to make other minor clarifications 
and changes.
    This rule will permit manufacture of casks under the revisions in 
Amendment 2. The alternative to this action is to withhold approval of 
this amended cask system design and give a site-specific license to 
each utility that proposes to use the casks. This alternative 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. Conducting 
site-specific reviews would be in

[[Page 38720]]

conflict with NWPA direction to the NRC to approve technologies for the 
use of spent fuel storage at the sites of civilian nuclear power 
reactors without, to the maximum extent practicable, the need for 
additional site-specific approvals by the NRC. This alternative does 
not foster competition because it would tend to favor new vendors 
without cause and would arbitrarily limit the choice of cask system 
designs available to power reactor licensees.
    Approval of the direct final rule would eliminate the above 
problems and is consistent with previous NRC actions. Further, the 
direct final rule will have no adverse effect on public health and 
safety. This direct final rule has 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 direct final 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.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs, Office of Management and Budget.

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 direct final rule affects only the licensing and 
operation of nuclear power plants, independent spent fuel storage 
facilities, and PSNA. 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 direct final rule because this 
amendment does not involve any provisions that would impose backfits as 
defined. 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 
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 adopting 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. Section 72.214, Certificate of Compliance (CoC) 1007 is revised 
to read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1007.
Initial Certificate Effective Date: May 7, 1993.
Amendment Number 1 Effective Date: May 30, 2000.
Amendment Number 2 Effective Date: September 5, 2000.
SAR Submitted by: Pacific Sierra Nuclear Associates.
SAR Title: Final Safety Analysis Report for the Ventilated Storage Cask 
System.
Docket Number: 72-1007.
Certificate Expiration Date: May 7, 2013.
Model Number: VSC-24.
* * * * *

    Dated at Rockville, Maryland, this 25th day of May, 2000.
    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 00-15540 Filed 6-21-00; 8:45am]
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