[Federal Register Volume 66, Number 200 (Tuesday, October 16, 2001)]
[Rules and Regulations]
[Pages 52486-52489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25890]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG77


List of Approved Spent Fuel Storage Casks: NAC-UMS 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 NAC-UMS Universal Storage System listing 
within the ``List of Approved Spent Fuel Storage Casks'' to include 
Amendment No. 2 to Certificate of Compliance Number 1015. Amendment No. 
2 will add miscellaneous spent fuel related components to the approved 
contents list for the NAC-UMS Universal Storage System and change the 
required actions in response to a failure of the cask heat removal 
system. Several other minor administrative changes will be made, which 
are discussed in Section 12 of the Safety Evaluation Report. Specific 
changes will be made to Technical Specifications (TS) to permit the 
storage of these components and the other requested changes. Changes 
will also be made to Conditions 1b and 6 of the Certificate of 
Compliance.

DATES: The final rule is effective December 31, 2001, unless 
significant adverse comments are received by November 15, 2001. 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. If the rule is withdrawn, timely notice will be 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-

[[Page 52487]]

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; email [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 Certificate of Compliance (CoC) and preliminary 
safety evaluation report (SER) can be found under ADAMS Accession No. 
ML011990392. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
PDR Reference staff at 1-800-397-4209, 301-415-4737, or by email to 
[email protected].
    CoC No. 1015, the revised TS, the underlying SER for Amendment No. 
2, and the Environmental Assessment are available for inspection at the 
NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single 
copies of these documents may be obtained from Jayne M. McCausland, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, email [email protected].

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, telephone (301) 
415-6219, email [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 
October 19, 2000 (65 FR 62581) that approved the NAC-UMS cask design by 
adding it to the list of NRC-approved cask designs in Sec. 72.214 as 
Certificate of Compliance Number (CoC No.) 1015.

Discussion

    On October 17, 2000, and as supplemented on December 7, 2000, April 
27, 2001, July 5, 2001, July 18, 2001, July 19, 2001, July 26, 2001, 
and August 1, 2001, the applicant (NAC International, Inc.) submitted 
an application and associated Safety Analysis Report to the NRC to 
amend CoC No.1015 to add miscellaneous spent fuel related components to 
the approved contents list for the NAC-UMS Universal Storage System and 
to change the required actions in response to a failure of the cask 
heat removal system. The applicant requested changes to the authorized 
contents to include components associated with the spent fuel 
assemblies, as follows:
    (1) A segment of an In-Core Instrumentation (ICI) string located 
within a fuel assembly.
    (2) Three plutonium-beryllium (Pu-Be) startup sources located 
within the fuel assemblies.
    (3) Two antimony-beryllium (Sb-Be) sources located within the fuel 
assemblies.
    (4) Control Element Assembly (CEA) Finger Tip located within a fuel 
assembly.
    The applicant also requested deletion of the technical 
specification requirement to place the canister in the transfer cask if 
the vertical concrete cask's vents cannot be unblocked within the 
required completion time because the risk associated with the concrete 
cask not performing its thermal function is minimal. Other minor 
administrative changes were also requested. These minor changes are 
discussed in Section 12 of the SER.
    CoC Condition 1b will be changed to allow storage of pressurized 
water reactor (PWR) fuel assemblies that may include components 
associated with the assemblies. Also, CoC Condition 6 will be changed 
to more clearly allow storage of the fuel related components.
    The NRC staff performed a detailed safety evaluation of the 
proposed CoC amendment request and found that the requested 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 NAC-UMS cask design listing in 
Sec. 72.214 by adding Amendment No. 2 to CoC No. 1015. The amendment 
consists of adding miscellaneous spent fuel related components to the 
approved contents list for the NAC-UMS Universal Storage System and 
changing the required actions in response to a failure of the cask heat 
removal system. Also, other administrative changes will be made. 
Specific changes will be made to TS SR 3.1.2.1, SR 3.1.3.1, LCO 3.1.6, 
SR 3.2.1.1, A 5.3, A 5.7, B2.1, B 2.1.3, and Tables B2-2, B2-6, and B2-
7 to permit the storage of these components and the other requested 
changes. Other Technical Specification sections will be changed for 
correction of typographical, spelling, and other minor editorial 
errors.
    The amended NAC-UMS cask system, when used under the conditions 
specified in the CoC, the TS, and NRC regulations, will meet the 
requirements of Part 72; thus, adequate protection of public health and 
safety will continue to be ensured.

[[Page 52488]]

Discussion of Amendments by Section

Sec. 72.214 List of approved spent fuel storage casks.

    Certificate No. 1015 is revised by adding the effective date of 
Amendment Number 2.

Procedural Background

    This rule is limited to the changes contained in Amendment 2 to CoC 
No. 1015 and does not include other aspects of the NAC-UMS cask system 
design. The NRC is using the ``direct final rule procedure'' to issue 
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. The 
amendment to the rule will become effective on December 31, 2001. 
However, if the NRC receives significant adverse comments by November 
15, 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. 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. A comment is adverse and 
significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, in a substantive response:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC staff to make a change to the CoC or 
TS.
    Any comments that are received by the NRC will be addressed in a 
subsequent final rule. The NRC will not initiate a second comment 
period on this action.

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 NAC-
UMS cask system design listed in Sec. 72.214 (List of approved spent 
fuel storage cask designs). This action does not constitute the 
establishment of a standard that establishes generally applicable 
requirements.

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, is not a major Federal action significantly 
affecting the quality of the human environment and, therefore, an 
environmental impact statement is not required. The rule amends the CoC 
for the NAC-UMS 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 modifies the 
present cask system design to add miscellaneous spent fuel related 
components to the approved contents list for the NAC-UMS Universal 
Storage System and changes the required actions in response to a 
failure of the cask heat removal system. Other minor administrative 
changes are also made. 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 Jayne M. 
McCausland, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 
(301) 415-6219, 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.

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 October 19, 2000 (65 FR 62581), the NRC 
issued an amendment to Part 72 that approved the NAC-UMS cask design by 
adding it to the list of NRC-approved cask designs in Sec. 72.214. On 
October 17, 2000, and as supplemented on April 27, 2001, July 5, 2001, 
July 18, 2001, July 19, 2001, July 26, 2001, and August 1, 2001, NAC 
International, Inc., submitted an application to the NRC to amend CoC 
No. 1015 to add miscellaneous spent fuel related components to the 
approved contents list for the NAC-UMS Universal Storage System and to 
change

[[Page 52489]]

the required actions in response to a failure of the cask heat removal 
system. Other minor administrative changes were also requested.
    This direct final rule revises the NAC-UMS cask design listing in 
Sec. 72.214 by adding Amendment No. 2 to CoC No. 1015. The amendment 
consists of adding miscellaneous spent fuel related components to the 
approved contents list for the NAC-UMS Universal Storage System and 
changing the required actions in response to a failure of the cask heat 
removal system. Also, other administrative changes will be made. 
Specific changes will be made to TS SR 3.1.2.1, SR 3.1.3.1, LCO 3.1.6, 
SR 3.2.1.1, A 5.3, A 5.7, B2.1, B 2.1.3, and Tables B2-2, B2-6, and B2-
7 to permit the storage of these components and the other requested 
changes. Other Technical Specification sections will be changed for 
correction of typographical, spelling, and other minor editorial 
errors. Changes will also be made to Conditions 1b and 6 of the CoC. 
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.
    The direct final rule eliminates the described problem and is 
consistent with previous NRC actions. Further, the direct final rule 
has 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.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the NRC certifies that this rule does not 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 NAC 
International, 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.

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

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistleblowing.


    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. 552 and 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. 102-
486, sec. 7902, 106 Stat. 3123 (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 1015 is revised to 
read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1015.
    Initial Certificate Effective Date: November 20, 2000.
    Amendment Number 1 Effective Date: February 20, 2001.
    Amendment Number 2 Effective Date: December 31, 2001.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the NAC-UMS Universal 
Storage System.
    Docket Number: 72-1015.
    Certificate Expiration Date: November 20, 2020.
    Model Number: NAC-UMS.
* * * * *

    Dated at Rockville, Maryland, this 1st day of October, 2001.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-25890 Filed 10-15-01; 8:45 am]
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