[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Rules and Regulations]
[Pages 13407-13409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5399]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG70


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 listing within the ``List of approved spent fuel storage casks'' to 
include Amendment No. 3 to the Certificate of Compliance (CoC). This 
amendment changes the Technical Specifications 1.2.1 and 1.2.6 to 
modify the fuel specifications for Combustion Engineering 16x16 spent 
fuel stored in the VSC-24 cask system, modifies the text in TS 1.2.7 
for accuracy, modifies the text in Certificate Section 2.b. to remove 
ambiguity, modifies Certificate Section 3 to be consistent with TS 
1.1.4, modifies Certificate Section 4 for consistency with TS 1.1.3, 
and modifies Certificate Section 5 to remove ambiguity.

DATES: The final rule is effective May 21, 2001, unless significant 
adverse comments are received by April 5, 2001. If either the rule is 
withdrawn or the effective date is delayed, timely notice will be 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 am and 4:15 pm on Federal workdays.
    All publicly available 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 also be examined at the NRC Public Document Room, 11555 
Rockville Pike, Rockville, MD. For more information, contact the NRC's 
Public Document Room Reference staff at 1-800-397-4209, (301) 415-4737 
or by e-mail to [email protected].
    Documents created or received at the NRC after November 1, 1999 are 
also available electronically at the NRC 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. ML003733556. For more information, contact the NRC's 
Public Document Room Reference Staff at 1-800-397-4209, 301-415-4737 or 
by e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Stan Turel, telephone (301) 415-6234, 
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 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 March 29, 2000, PSNA (the certificate holder) submitted an 
application to the NRC to amend CoC No. 1007 to change Technical 
Specifications (TS) 1.2.1 and 1.2.6. This change modifies the fuel 
specifications for Combustion Engineering 16x16 spent fuel stored in 
the VSC-24 cask system. Amendment 3 also modifies the text in TS 1.2.7 
for accuracy, modifies the text in Certificate Section 2.b. to remove 
ambiguity, modifies Certificate Section 3 to be consistent with TS 
1.1.4, modifies Certificate Section 4 for consistency with TS 1.1.3, 
and modifies Certificate Section 5 to remove ambiguity and removes the 
``Basis'' section from all TSs in accordance with revised NRC TS 
format. The NRC staff performed a detailed safety evaluation of the 
proposed CoC amendment request. The NRC staff found that the changes 
stated above do not reduce the safety margin. In addition, the NRC 
staff has determined that changes do not pose any increased risk to 
public health and safety. A full discussion of the NRC staff's 
evaluation is presented in its SER that can be found under ADAMS 
Accession No. ML003733556.
    This direct final rule revises the PSNA VSC-24 cask system listing 
within the list of NRC-approved casks

[[Page 13408]]

for spent fuel storage in Sec. 72.214 by adding Amendment No. 3 to CoC 
No. 1007. Amendment No. 3 applies to any VSC-24 cask loaded after May 
21, 2001.
    Amendment No. 3 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 
(PDR), 11555 Rockville Pike, Rockville, Maryland 20852. Single copies 
of the CoC and SER may be obtained from Stan Turel, 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

Section 72.214  List of Approved Spent Fuel Storage Casks

    Certificate No. 1007 will be revised indicating the addition of 
Amendment No. 3 and its effective date.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 3 to 
CoC 1007 and does not include other aspects of the VSC-24 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 rules will become effective on 
May 21, 2001. However, if the NRC receives significant adverse comments 
by April 5, 2001, then the NRC will publish a document that withdraws 
this action and will address the comments received in response to the 
proposed amendments published elsewhere in this issue of the Federal 
Register. 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 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 by 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 Federal 
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 VSC-24 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 revises Technical Specifications 1.2.1 and 1.2.6 to modify 
the fuel specifications for Combustion Engineering 16x16 spent fuel 
stored in the VSC-24 cask system and makes other minor clarifying 
changes to the CoC and TS. 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 of 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 Stan 
Turel, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, telephone (301) 415-6234, 
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 VSC-24 
cask system design list 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 system 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 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 March 29, 2000, the certificate holder 
submitted an application to the NRC to amend CoC No. 1007 to change 
Technical Specifications 1.2.1 and 1.2.6 to modify the fuel 
specifications for Combustion Engineering 16x16 spent fuel stored in 
the VSC-24 cask system. The amendment also makes other minor clarifying 
changes to the CoC and TSs.
    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

[[Page 13409]]

utilities more time and money because each utility would have to pursue 
an exemption.
    Approval of the direct final rule will eliminate the problems 
described above and is consistent with previous Commission 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 this 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.

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 operation of nuclear 
power plants, independent spent fuel storage facilities, and NAC. 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 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.
    Amendment Number 3 Effective Date: May 21, 2001.
    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 8th day of February, 2001.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-5399 Filed 3-5-01; 8:45 am]
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