[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Rules and Regulations]
[Pages 60339-60342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25913]



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  Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / 
Rules and Regulations  

[[Page 60339]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG58


List of Approved Spent Fuel Storage Casks: HI-STAR 100 Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations by revising the Holtec International HI-STAR 100 cask 
system listing within the ``List of approved spent fuel storage casks'' 
to include Amendment No. 1 to the Certificate of Compliance (CoC). 
Amendment No. 1 revises the HI-STAR 100 cask system in seven areas and 
includes changes to the CoC and Technical Specifications. The seven 
areas involve: revision of the existing fuel specification tables; 
addition of pressurized water reactor Burnable Poison Rod Assemblies 
and Thimble Plug Devices; addition of two new classes of fuel to the 
fuel specification tables; addition of a new damaged fuel container; 
addition of thoria rods in canisters; addition of antimony-beryllium 
neutron sources [i.e., reactor startup sources]; and clarifications, 
editorial corrections, and other minor changes to cask design 
information and drawings. The CoC was revised to require users to 
prepare written acceptance tests and a maintenance program consistent 
with the technical basis described in the Safety Analysis Report (SAR). 
In addition, the amendment includes two minor changes to the HI-STAR 
100 listing in the regulations. This amendment will allow the holders 
of power reactor operating licenses to store spent fuel in the HI-STAR 
100 cask system, as amended, under a general license.

DATES: The final rule is effective December 26, 2000, unless 
significant adverse comments are received by November 13, 2000. If 
adverse comments are received, a timely notice of 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]).
    Certain documents related to this rule, including comments received 
by the NRC, may be examined at the NRC Public Document Room, 2120 L 
Street, NW (Lower Level), Washington, DC. Beginning September 26, 2000 
the NRC Public Document Room will be located at 11555 Rockville Pike, 
Rockville, MD. These documents also may be viewed and downloaded 
electronically via the 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 the NRC's public documents. An 
electronic copy of the proposed CoC and preliminary safety evaluation 
report (SER) can be found in ADAMS under Accession No. ML003726991. For 
more information, contact the NRC Public Document Room reference staff 
at 1-800-397-4209, 202-634-3273 or by email to [email protected].

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 September 3, 1999 (64 
FR 48274), that approved the HI-STAR 100 cask design, added it to the 
list of NRC-approved cask designs in Sec. 72.214, and issued 
Certificate of Compliance Number (CoC No.) 1008.

Discussion

    On November 24, 1999, Holtec International (the certificate 
holder), submitted an application to the NRC to amend CoC No. 1008 and 
supplemented the application on February 4, 18, and 28, March 2, 16, 
and 31, and May 23, 2000. Amendment No. 1 revises the HI-STAR 100 cask 
system in seven areas and includes changes to the CoC and Technical 
Specifications. The seven areas involve: (1) Revision of the existing 
fuel specification tables; (2)

[[Page 60340]]

addition of pressurized water reactor (PWR) Burnable Poison Rod 
Assemblies (BPRAs) and Thimble Plug Devices (TPDs); (3) addition of two 
new classes of fuel to the fuel specification tables; (4) addition of a 
new damaged fuel container that can contain fuel assemblies with known 
or suspected defects, such as ruptured fuel rods, severed rods, loose 
pellets; (5) addition of thoria rods in canisters; (6) addition of 
antimony-beryllium neutron sources [i.e., reactor startup sources]; and 
(7) clarifications, editorial corrections, and other minor changes to 
cask design information and drawings. The staff revised the CoC to 
include Condition 3 that requires users to prepare written acceptance 
tests and maintenance program consistent with the technical basis 
described in Chapter 9 of the SAR. This was done for consistency with 
other CoC's, in particular, the Hi-STORM 100.
    In addition, the amendment includes two minor changes to the HI-
STAR 100 listing in Sec. 72.214 of the regulations. First, the 
``Certification Expiration Date'' is changed to ``Certificate 
Expiration Date.'' Second, ``Final'' is added to the title of the SAR. 
This amendment will allow the holders of power reactor operating 
licenses to store spent fuel in the HI-STAR 100 cask system, as 
amended, under a general license. These changes are described in the 
Revision History for Amendment 1 (CoC, Appendices A and B). The NRC 
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 NRC staff 
documented its review and evaluation in a Safety Evaluation Report. 
This direct final rule will revise the Holtec International HI-STAR 100 
cask system listing within the list of NRC-approved casks for spent 
fuel storage in Sec. 72.214 by adding Amendment No. 1 to CoC No. 1008. 
The amended HI-STAR 100 cask system, when used under 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. 1 applies to any HI-STAR 100 
cask loaded after December 26, 2000.
    Amendment No. 1 to CoC No. 1008 and the underlying SER, and the 
Environmental Assessment and Finding of No Significant Impact are 
available for inspection and comment through September 21, 2000, at the 
NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington, 
DC. Beginning September 26, 2000, the NRC Public Document Room wil be 
located at 11555 Rockville Pike, Rockvill, MD. 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]. An 
electronic copy of the proposed CoC and preliminary SER can be found in 
the NRC's Electronic Reading Room http://www.nrc.gov/NRC/ADAMS/index.html under Accession No. ML003726991.

Discussion of Amendments by Section

Sec. 72.214  List of Approved Spent Fuel Storage Casks

    Certificate No. 1008 will be revised indicating the addition of 
Amendment No. 1 and its effective date. Also, the ``Certification 
Expiration Date'' is changed to ``Certificate Expiration Date,'' and 
``Final'' is added to the title of the safety analysis report.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 1 to 
CoC No. 1008 and does not include other aspects of the HI-STAR 100 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. This amendment will become effective on 
December 26, 2000. However, if the NRC receives significant adverse 
comments by November 13, 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 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.

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. 1 to the HI-STAR 100 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.
    Amendment No. 1 revises the HI-STAR 100 cask system in seven areas 
and includes changes to the CoC and Technical Specifications. The seven 
areas involve: (1) Revision of the existing fuel specification tables; 
(2) addition of pressurized water reactor (PWR) Burnable Poison Rod 
Assemblies (BPRAs) and Thimble Plug Devices (TPDs); (3) addition of two 
new classes of fuel to the fuel specification tables; (4) addition of a 
new damaged fuel container; (5) addition of thoria rods in canisters; 
(6) addition of antimony-beryllium neutron sources [i.e., reactor 
startup sources]; and (7) clarifications, editorial corrections, and 
other minor changes to cask design information and drawings. The staff 
revised the CoC to include Condition 3 that requires users to prepare 
written acceptance tests and maintenance program consistent with the 
technical basis described in Chapter 9 of the SAR. This was done for 
consistency with other CoCs, in particular the HI-STORM 100.
    In addition, the amendment includes two minor changes to HI-STAR 
100 listing in Sec. 72.214 of the regulations. First, ``Certification 
Expiration Date'' is changed to ``Certificate Expiration

[[Page 60341]]

Date.'' Second, ``Final'' is added to the title of the safety analysis 
report. 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 through September 21, 2000. Beginning September 
26, 2000, the NRC Public Document Room will located at 11555 Rockville 
Pike, Rockville, MD. 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]. An electronic copy of the proposed environmental 
assessment and finding of no significant impact can be found in the 
NRC's Electronic Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html.

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.

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 Holtec 
International HI-STAR 100 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.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the Nuclear Regulatory Commission 
(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-
approved 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 Certificate of Compliance, and the conditions of the general 
license are met.
    A list of NRC-approved cask system designs is contained in 
Sec. 72.214. On September 3, 1999 (64 FR 48274), the NRC issued an 
amendment to Part 72 that approved the HI-STAR 100 cask design, added 
it to the list of NRC-approved cask designs in Sec. 72.214, and issued 
CoC No. 1008. On November 24, 1999, the certificate holder submitted an 
application to the NRC to amend the Technical Specifications and CoC 
No. 1008. Amendment No. 1 revises the HI-STAR 100 cask system in seven 
areas and includes changes to the CoC and Technical Specifications. The 
seven areas involve: (1) Revision of the existing fuel specification 
tables; (2) addition of pressurized water reactor (PWR) Burnable Poison 
Rod Assemblies (BPRAs) and Thimble Plug Devices (TPDs); (3) addition of 
two new classes of fuel to the fuel specification tables; (4) addition 
of a new damaged fuel container; (5) addition of thoria rods in 
canisters; (6) addition of antimony-beryllium neutron sources [i.e., 
reactor startup sources]; and (7) clarifications, editorial 
corrections, and other minor changes to cask design information and 
drawings. In addition, the amendment includes two minor changes to HI-
STAR 100 listing in Sec. 72.214 of the regulations. First, the 
``Certification Expiration Date'' is changed to ``Certificate 
Expiration Date.'' Second, ``Final'' is added to the title of the 
safety analysis report. This amendment will allow holders of power 
reactor operating licenses to store spent fuel in the HI-STAR 100 cask 
system.
    This rule will permit manufacture of casks under the revisions in 
Amendment 1. 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 because each 
utility would have to pursue a new site-specific license. Conducting 
site-specific reviews would be in conflict with the Nuclear Waste 
Policy Act of 1982, as amended (NWPA), which directed 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 problems 
described above 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 Holtec International. 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

[[Page 60342]]

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. In Section 72.214, Certificate of Compliance 1008 is revised to 
read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1008.
    Initial Certificate Effective Date: October 4, 1999.
    Amendment Number 1 Effective Date: December 26, 2000.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STAR 100 Cask 
System.
    Docket Number: 72-1008.
    Certificate Expiration Date: October 4, 2019.
    Model Number: HI-STAR 100.
* * * * *

    Dated at Rockville, Maryland, this 20th day of September, 2000.
    For the Nuclear Regulatory Commission.
Frank J. Miraglia, Jr.,
 Acting Executive Director for Operations.
[FR Doc. 00-25913 Filed 10-10-00; 8:45 am]
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