[Federal Register Volume 66, Number 39 (Tuesday, February 27, 2001)]
[Rules and Regulations]
[Pages 12435-12437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4765]



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  Federal Register / Vol. 66, No. 39 / Tuesday, February 27, 2001 / 
Rules and Regulations  

[[Page 12435]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG72


List of Approved Spent Fuel Storage Casks: 
FuelSolutionsTM 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 BNFL Fuel Solutions FuelSolutionsTM 
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 will modify the present cask system design to 
allow the Big Rock Point nuclear facility to store mixed-oxide fuel 
assemblies, partial fuel assemblies, and damaged fuel assemblies (in a 
can) under a general license.

DATES: The final rule is effective May 14, 2001, unless significant 
adverse comments are received by March 29, 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withdrawn, timely notice will be published in the Federal Register.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.
    Certain documents related to this rulemaking, as well as all public 
comments received on this rulemaking, may be viewed and downloaded 
electronically via the NRC's rulemaking website at http://ruleforum.llnl.gov. You may also provide comments via this website by 
uploading 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. 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].
    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. An electronic copy of the 
proposed CoC and preliminary safety evaluation report (SER) can be 
found under ADAMS Accession No(s). ML003770047.

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 
(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 
January 16, 2001 (66 FR 3444) that approved the 
FuelSolutionsTM cask design and added it to the list of NRC-
approved cask designs in Sec. 72.214 as Certificate of Compliance 
Number (CoC No.) 1026.

Discussion

    On September 29, 1999, and as supplemented on July 27, 2000, the 
certificate holder BNFL Fuel Solutions (BFS) submitted an application 
to the NRC to amend CoC No. 1026 to allow the Big Rock Point nuclear 
facility to store mixed-oxide (MOX) fuel assemblies, partial fuel 
assemblies, and damaged fuel assemblies (in a can). No other changes to 
the 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 amendment does not reduce 
the safety margin. In addition, the NRC staff has determined that the 
change does not pose any increased risk to public health and safety.
    This direct final rule revises the cask design listing in 
Sec. 72.214 by adding Amendment No. 1 to CoC No. 1026. The amendment 
consists of changes to the Technical Specifications for the storage of 
MOX fuel assemblies, partial assemblies, and damaged assemblies (in a 
can). The particular Technical Specifications which are changed are 
identified in the NRC Staff's Safety Evaluation Report for Amendment 
No. 1.
    The amended FuelSolutionsTM cask system, when used in 
accordance with 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. 1026, the revised Technical Specifications, the underlying 
Safety Evaluation Report for Amendment No. 1, and the Environmental 
Assessment,

[[Page 12436]]

are available for inspection at the NRC Public Document Room, 11555 
Rockville Pike, Rockville, MD. Single copies of the CoC 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].

Discussion of Amendments by Section


Sec. 72.214  List of approved spent fuel storage casks.

    Certificate No. 1026 is revised by adding the effective date of 
Amendment Number 1.

Procedural Background

    This rule is limited to the changes contained in Amendment 1 to CoC 
No. 1026 and does not include other aspects of the 
FuelSolutionsTM 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 rule will become effective on May 14, 2001. However, if the NRC 
receives significant adverse comments by March 29, 2001, then the NRC 
will publish a document that withdraws this action and will address the 
comments received in response to the proposed amendment published 
elsewhere in this issue of the Federal Register. A significant adverse 
comment is a comment where the commenter explains why the rule would be 
inappropriate, including challenges to the rule's underlying premise or 
approach, or would be ineffective or unacceptable without a change. 
These comments will be addressed in a subsequent final rule. Absent 
significant modifications 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 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 would amend the CoC for the FuelSolutionsTM 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. The amendment will modify the present cask system design to 
allow the Big Rock Point nuclear reactor facility to store MOX fuel 
assemblies, partial assemblies, and damaged fuel assemblies (in a can). 
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. 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.

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 would revise the 
FuelSolutionsTM cask system design listed in Sec. 72.214 
(List of NRC-approved spent fuel storage cask designs). 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 in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use 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 CoC, and the conditions of 
the general license are met. A list of NRC-approved cask designs is 
contained in Sec. 72.214. On January 16, 2001 (66 FR 3444), the NRC 
issued an amendment to Part 72 that approved the 
FuelSolutionsTM cask design by adding it to the list of NRC-
approved cask designs in Sec. 72.214. On September 29, 1999, and as 
supplemented on July 27, 2000, the certificate holder BFS, submitted an 
application to the NRC to amend CoC No. 1026 to permit a Part 72 
licensee to store MOX fuel assemblies, partial assemblies, and damaged 
assemblies (in a can).
    This rule will permit the Big Rock Point (BRP) nuclear facility to 
store MOX fuel assemblies, partial assemblies, and damaged assemblies 
(in a can) at the BRP ISFSI. The alternative to this action is to 
withhold approval of this amended cask system design and issue an 
exemption to the general licensee. This alternative would result in the 
same expenditure of time and money.
    Approval of the direct final rule 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

[[Page 12437]]

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.

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 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 direct final rule because this 
amendment does not involve any provisions that would impose backfits as 
defined. Therefore, a backfit analysis is not required.

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.

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 (CoC) 1026 is revised 
to read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1026.
    Initial Certificate Effective Date: February 15, 2001.
    Amendment Number 1 Effective Date: May 14, 2001.
    SAR Submitted by: BNFL Fuel Solutions.
    SAR Title: Final Safety Analysis Report for the 
FuelSolutionsTM Spent Fuel Management System.
    Docket Number: 72-1026.
    Certificate Expiration Date: February 15, 2021.
    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 8th day of February, 2001.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-4765 Filed 2-26-01; 8:45 am]
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