[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Rules and Regulations]
[Pages 75853-75855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30906]



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  Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 / 
Rules and Regulations  

[[Page 75853]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG66


List of Approved Spent Fuel Storage Casks: TN-32 Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations by revising the Transnuclear, Inc. TN-32 cask system 
listing within the ``List of Approved Spent Fuel Storage Casks'' to 
include Amendment No. 1 to the Certificate of Compliance (CoC). This 
amendment will allow holders of power reactor operating licenses to 
store spent fuel in the cask under the revised conditions. The changes 
proposed for Amendment No. 1 to the TN-32 CoC include the addition of 
the B&W/FCF 17 x 17 Mark BW assembly to the Technical Specification for 
``Fuel to be stored in the TN-32 Cask,'' with revised bounding 
characteristics, and (2) a revised TS for ``Site Specific Parameters 
and Analysis,'' to allow analysis of verification of allowable seismic 
loads.

DATES: The final rule is effective February 20, 2001, unless 
significant adverse comments are received by January 4, 2001. If the 
rule is withdrawn, timely notice will be published in the Federal 
Register.

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 rule, including comments received 
by the NRC, may be examined at the NRC Public Document Room, 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 Documents 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, 301-415-4737, or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Roger W. Broseus, telephone (301) 415-
7608, 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 
(DOE)] 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 that 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 by 
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 spent fuel 
storage cask designs. The NRC subsequently issued a final rule on March 
20, 2000 (65 FR 14790) that approved the TN-32 cask design and added it 
to the list of NRC-approved cask designs in Sec. 72.214 as Certificate 
of Compliance Number (CoC No.) 1021.

Discussion

    On April 23, 1999, and February 29, 2000, the certificate holder 
(Transnuclear, Inc.) submitted applications to the NRC to amend the 
Certificate of Compliance (CoC, No. 1021) to allow holders of power 
reactor operating licenses to store spent fuel in the cask under 
revised conditions. The changes requested include: (1) Addition of B&W/
FCF 17 x 17 Mark BW assembly to Technical Specification (TS) 2.1, 
``Fuel to be stored in the TN-32 Cask,'' with revised bounding 
characteristics, and (2) revision of the TS 4.3.3, ``Site Specific 
Parameters and Analysis'' to allow analysis of verification of 
allowable seismic loads. No other changes to the TN-32 cask system 
design were requested in this application. The NRC staff performed a 
detailed safety evaluation of the proposed CoC amendment request and 
found that the proposed changes do not reduce the safety margin. In 
addition, the NRC staff has determined that the changes do not pose any 
increased risk to public health and safety.
    This direct final rule revises the TN-32 cask design listing in 
Sec. 72.214 by adding Amendment No. 1 to CoC No. 1021. The amendment 
consists of two changes to the TSs. The first allows the storage of an 
additional type of spent fuel in the TN-32 cask system, with its 
bounding characteristics. The second changes the site-specific seismic 
horizontal and vertical acceleration limits from discrete values to two 
equations. The latter change increases a

[[Page 75854]]

general licensee's flexibility by making the technical specification 
more performance based. The particular TSs being changed are identified 
in the NRC Staff's Safety Evaluation Report (SER) for Amendment No. 1.
    The amended TN-32 cask system, when used under the conditions 
specified in the CoC, the Technical Specifications, and NRC 
regulations, will meet the requirements of Part 72; thus, adequate 
protection of public health and safety will continue to be ensured.
    CoC No. 1021, the revised TSs, the underlying SER for Amendment No. 
1, and the Environmental Assessment are available for inspection at the 
NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single 
copies of the CoC may be obtained from Roger W. Broseus, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone (301) 415-7608, email 
[email protected]. An electronic copy of the proposed CoC and preliminary SER 
can be found in the NRC's Public Electronic Reading Room on the 
Internet at http://www.nrc.gov/NRC/ADAMS/index.html.

Discussion of Amendments by Section

Section 72.214  List of Approved Spent Fuel Storage Casks

    Certificate No. 1021 is revised by adding the effective date of the 
initial certificate and the effective date of Amendment Number 1. In 
addition, two technical specifications are modified. The first allows 
the storage of an additional type of spent fuel in the TN-32 cask 
system with its bounding characteristics. The second changes the site-
specific seismic horizontal and vertical acceleration limits from 
discrete values to two equations. The latter change increases a general 
licensee's flexibility by making the technical specification more 
performance based.

Procedural Background

    This rule is limited to the changes contained in Amendment 1 to CoC 
No. 1021 and does not include other aspects of the TN-32 cask system 
design. The NRC is using the ``direct final rule procedure'' to 
promulgate this amendment because it represents a limited and routine 
change to an existing CoC that is expected to be noncontroversial; 
adequate protection of public health and safety continues to be 
ensured. This amendment is not considered to be a significant amendment 
by the NRC staff. The amendment to the rule will become effective on 
February 20, 2001. However, if the NRC receives significant adverse 
comments by January 4, 2001, then the NRC will publish a document that 
withdraws this action and will address the comments received in 
response to the amendment. These comments will be addressed in a 
subsequent final rule. 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 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 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 amend the CoC for the TN-32 cask system within the list of 
approved spent fuel storage casks that power reactor licensees can use 
to store spent fuel at reactor sites under a general license. This 
amendment will allow holders of power reactor operating licenses to 
store spent fuel in the cask under revised conditions. The changes 
proposed for Amendment No. 1 to the TN-32 CoC include: (1) Addition of 
B&W/FCF 17 x 17 Mark BW assembly to TS 2.1, ``Fuel to be stored in the 
TN-32 Cask,'' with revised bounding characteristics, and (2) revised TS 
4.3.3, ``Site Specific Parameters and Analysis'' to allow analysis of 
allowable seismic loads. 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, 11555 Rockville Pike, 
Rockville, MD. Electronic copies the environmental assessment and 
finding of no significant impact can be found in the NRC's Public 
Electronic Reading Room on the Internet at http://www.nrc.gov/NRC/ADAMS/index.html; single copies are available from Roger W. Broseus, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, telephone (301) 415-7608, 
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.

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 TN-32 
cask system design listed in Sec. 72.214 (List of approved spent fuel 
storage casks). 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 designs approved 
by the NRC. Any nuclear power reactor licensee can use

[[Page 75855]]

NRC-approved cask designs 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 (CoC), and the conditions of 
the general license are met. A list of NRC-approved cask designs is 
contained in Sec. 72.214. On March 20, 2000 (65 FR 14790), the NRC 
issued an amendment to Part 72 that approved the TN-32 cask design by 
adding it to the list of NRC-approved cask designs in Sec. 72.214. On 
April 23, 1999, and February 29, 2000, the certificate holder 
(Transnuclear, Inc.) submitted applications to the NRC to amend the 
Certificate of Compliance (CoC, No. 1021) to allow holders of power 
reactor operating licenses to store spent fuel in the cask under 
revised conditions. The changes requested include: (1) addition of B&W/
FCF 17 x 17 Mark BW assembly to TS 2.1, ``Fuel to be stored in the TN-
32 Cask,'' with revised bounding characteristics and (2) revision of TS 
4.3.3, ``Site Specific Parameters and Analysis'' to allow analysis of 
verification of allowable seismic loads.
    This rule will permit the changes requested by the certificate 
holder. The alternative to this action is to withhold approval of this 
amended cask system design and issue an exemption to each general 
license. This alternative would cost both the NRC and the utilities 
more time and money because each utility would have to pursue an 
exemption.
    Approval of the direct final rule will eliminate the above 
described problem 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 Transnuclear, Inc. 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. In Sec. 72.214, Certificate of Compliance 1021 is revised to 
read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1021
Initial Certificate Effective Date: April 19, 2000
Amendment Number 1 Effective Date: February 20, 2001
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the TN-32 Dry Storage Cask
Docket Number: 72-1021
Certificate Expiration Date: April 19, 2020
Model Number: TN-32, TN-32A, TN-32B
* * * * *

    Dated at Rockville, Maryland, this 16th day of November, 2000.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 00-30906 Filed 12-4-00; 8:45 am]
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