[Federal Register Volume 65, Number 133 (Tuesday, July 11, 2000)]
[Proposed Rules]
[Pages 42647-42649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17464]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG54


List of Approved Spent Fuel Storage Casks: FuelSolutions\TM\ 
Addition

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations to add the FuelSolutions\TM\ cask system to the list of 
approved spent fuel storage casks. This amendment will allow the 
holders of power reactor operating licenses to store spent fuel in the 
FuelSolutions\TM\ cask system under a general license.

DATES: The comment period expires September 25, 2000. Comments received 
after this date will be considered if it is practical to do so, but the 
NRC is able to assure consideration only for comments received on or 
before this date.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attn: Rulemakings and 
Adjudications Staff. Deliver comments to 11555 Rockville Pike, 
Rockville, MD, 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://ruleforum.llnl.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 site, 
contact Ms. Carol Gallagher (301) 415-5905; e-mail [email protected].
    Certain documents related to this rulemaking, including comments 
received, may be examined at the NRC Public Document Room, 2120 L 
Street NW (Lower Level), Washington, DC. These same documents may also 
be viewed and downloaded electronically via the interactive rulemaking 
website.
    Documents created or received at the NRC after November 1, 1999 are 
also available electronically at the NRC's Public Electronic Reading 
Room on the Internet at http://www.nrc.gov/NRC/ADAMS/index.html. From 
this site, the public can gain entry into the NRC's Agencywide Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. For more information, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 202-634-
3273 or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Richard Milstein, telephone (301) 415-
8149, 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 
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, 
``[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 Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license, 
publishing on July 18, 1990 (55 FR 29181), a final rule in 10 CFR Part 
72 entitled, ``General License for Storage of Spent Fuel at Power 
Reactor Sites.'' 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.

Discussion

    This proposed rule would add the FuelSolutions\TM\ cask system to 
the list of NRC-approved casks for spent fuel storage in 10 CFR 72.214. 
Following the procedures specified in 10 CFR 72.230 of Subpart L, 
Westinghouse (subsequently acquired by BNFL Fuel Solutions (BFS)) 
submitted an application for NRC approval with the Safety Analysis 
Report (SAR): ``Final Safety Analysis Report for the WESFLEX Spent Fuel 
Management System.'' BFS subsequently changed the name of the cask 
system from WESFLEX to FuelSolutionsTM. The NRC evaluated 
the BFS submittal and issued a preliminary Safety Evaluation Report 
(SER) on the BFS SAR and a proposed Certificate of Compliance (CoC) for 
the FuelSolutions\TM\ cask system.
    The NRC is proposing to approve the FuelSolutions\TM\ cask system 
for storage of spent fuel under the conditions specified in the 
proposed CoC. This 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 the public 
health

[[Page 42648]]

and safety would be ensured. This cask system is being proposed for 
listing under 10 CFR 72.214, ``List of approved spent fuel storage 
casks'' to allow holders of power reactor operating licenses to store 
spent fuel in this cask system under a general license. The CoC would 
terminate 20 years after the effective date of the final rule listing 
this cask in 10 CFR 72.214, unless the cask system's CoC is renewed. 
The certificate contains conditions for use specific for this cask 
system, addressing issues such as operating procedures, training, and 
spent fuel specification.
    The proposed CoC for the FuelSolutions\TM\ cask system and the 
underlying preliminary SER, are available for inspection and comment at 
the NRC Public Document Room, 2120 L Street, NW (Lower Level), 
Washington, DC. Single copies of the proposed CoC and preliminary SER 
may be obtained from Richard Milstein, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555, telephone (301) 415-8149, email [email protected].

Discussion of Proposed Amendments by Section

Section 72.214 List of Approved Spent Fuel Storage Casks

    Certificate Number 1026 would be added indicating that:
    (1) The title of the SAR submitted by BFS is ``Final Safety 
Analysis Report for the FuelSolutionsTM Spent Fuel 
Management System;''
    (2) The Docket Number is 72-1026;
    (3) The certificate expiration date would be 20 years after final 
rule effective date; and
    (4) The model numbers affected are the WSNF-200, WSNF-201, and 
WSNF-203 systems; the W-150 storage cask; the W-100 transfer cask; and 
the W-21 and W-74 canisters.

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 the 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 proposed 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.

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 is mainly administrative in nature. It would not have significant 
environmental impacts. The proposed rule would add the 
FuelSolutions\TM\ 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 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 Richard Milstein, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Telephone (301) 415-8149, email 
[email protected].

Paperwork Reduction Act Statement

    This proposed 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.

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 proposed rule, the NRC would add the 
FuelSolutions\TM\ cask system to 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.

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. 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. In that 
rule, four spent fuel storage casks were approved for use at reactor 
sites and were listed in 10 CFR 72.214. That rule envisioned that 
storage casks certified in the future could be added to the listing in 
10 CFR 72.214 through rulemaking procedures. Procedures and criteria 
for obtaining NRC approval of new spent fuel storage cask designs were 
provided in 10 CFR Part 72, Subpart L. Subsequently, additional casks 
have been added to the listing in 10 CFR 72.214.
    The alternative to this proposed action is not to certify these new 
designs and give a site-specific license to each utility that proposes 
to use the casks. This would cost both the NRC and the utilities more 
time and money because each utility would have to pursue a new site-
specific license. Using site-specific reviews would ignore the 
procedures and criteria currently in place for the addition of new cask 
designs and would be in conflict with the NWPA direction to the 
Commission 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 reviews. Also, this 
alternative discourages competition because it would exclude new 
vendors without cause and would arbitrarily limit the choice of cask 
designs available to power reactor licensees.

[[Page 42649]]

    Approval of the proposed rule would eliminate the above problems 
and is consistent with previous NRC actions. Further, the proposed rule 
will have no adverse effect on public health and safety.
    The benefit of this proposed rule to nuclear power reactor 
licensees is to make available a greater choice of spent fuel storage 
cask designs that can be used under a general license. The new cask 
vendors with casks to be listed in 10 CFR 72.214 benefit by having to 
obtain NRC certificates only once for a design that can then be used by 
more than one power reactor licensee. The NRC also benefits because it 
will need to certify a cask design only once for use by multiple 
licensees. Casks approved through rulemaking are to be suitable for use 
under a range of environmental conditions sufficiently broad to 
encompass multiple nuclear power plant sites in the United States 
without the need for further site-specific approval by NRC. Vendors 
with cask designs already listed may be adversely impacted because 
power reactor licensees may choose a newly listed design over an 
existing one. However, the NRC is required by its regulations and the 
NWPA direction to certify and list approved casks. This proposed rule 
would have 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 proposed 
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.

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 proposed rule affects only the licensing and operation 
of nuclear power plants, independent spent fuel storage facilities, and 
BFS. 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 proposed rule because this amendment 
does not involve any provisions that would impose backfits as defined 
in the backfit rule. 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 proposing to 
adopt 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. In Sec. 72.214, Certificate of Compliance 1026 is added to read 
as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1026
SAR Submitted by: BFNL Fuel Solutions
SAR Title: Final Safety Analysis Report for the FuelSolutions\TM\ 
Spent Fuel Management System
Docket Number: 72-1026
    Certificate Expiration Date: [insert 20 years after the 
effective date of the final rule]
Model Number: WSNF-200, WSNF-201, and WSNF-203 systems; W-150 
storage cask; W-100 transfer cask; and the W-21 and W-74 canisters
* * * * *

    Dated at Rockville, Maryland, this 19th day of June, 2000.

    For the Nuclear Regulatory Commission.
William D. Travers,
 Executive Director for Operations.
[FR Doc. 00-17464 Filed 7-10-00; 8:45 am]
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