[Federal Register Volume 66, Number 230 (Thursday, November 29, 2001)]
[Rules and Regulations]
[Pages 59531-59534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29443]



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  Federal Register / Vol. 66, No. 230 / Thursday, November 29, 2001 / 
Rules and Regulations  

[[Page 59531]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG 88


List of Approved Spent Fuel Storage Casks: Standardized 
NUHOMS-24P, -52B, and -61BT Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the Transnuclear West, Inc. Standardized 
NUHOMS-24P, -52B, and -61BT cask system listing within the 
``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 
4 to Certificate of Compliance (CoC) No. 1004. Amendment No. 4 will 
allow the storage of low burn-up spent fuel in the NUHOMS-24P 
canister. In addition, the Technical Specifications (TS) will be 
revised to correct administrative errors regarding the width dimension 
of the spent fuel. Specific changes will be made to TS 1.2.1 and 
1.2.15, Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a, and 1-2c, and Figure 1-1. 
The CoC will be revised to change the certificate holder from 
Transnuclear West, Inc. to Transnuclear Inc. Minor editorial changes 
will also be made to the CoC.

DATES: The final rule is effective February 12, 2002, unless 
significant adverse comments are received by December 31, 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 If the rule is withdrawn, timely notice will be 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 20555-0001, 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. ML012620237. 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, 301-415-4737or by e-mail to [email protected].
    CoC No. 1004, the revised Technical Specifications, the underlying 
Safety Evaluation Report for Amendment No. 4, 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 Merri Horn, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, telephone (301) 415-8126, email [email protected].

FOR FURTHER INFORMATION CONTACT: Merri Horn, telephone (301) 415-8126, 
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 
December 22, 1994 (59 FR 65920), that approved the Standardized 
NUHOMSTM-24P and -52B cask design and added it to the list 
of NRC-approved cask designs in Sec. 72.214 as Certificate of 
Compliance Number (CoC No.) 1004. Amendment No. 3 added the -61BT dry 
storage canister to the system.

Discussion

    On February 23, 2001, and as supplemented on June 8, and October 4, 
2001, the certificate holder (Transnuclear West, Inc.) submitted an

[[Page 59532]]

application to the NRC to amend CoC No. 1004 to permit a part 72 
licensee to allow the storage of low burn-up spent fuel in the 
NUHOMS-24P canister. In addition, the Technical 
Specifications (TS) will be revised to correct administrative errors 
regarding the width dimension of the spent fuel. Specific changes will 
be made to TS 1.2.1 and 1.2.15, Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a, 
and 1-2c, and Figure 1-1. The Certificate of Compliance will be revised 
to change the certificate holder from Transnuclear West, Inc. to 
Transnuclear Inc. Minor editorial changes will also be made to the CoC. 
No other changes to the Standardized NUHOMS-24P, -52B, and -
61BT 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 an acceptable safety margin is 
maintained. In addition, the NRC staff has determined that there is 
still reasonable assurance that public health and safety and the 
environment will be adequately protected.
    This direct final rule revises the Standardized NUHOMS-
24P, -52B, and -61BT cask design listing in Sec. 72.214 by adding 
Amendment No. 4 to CoC No. 1004. This amendment will allow the storage 
of low burn-up spent fuel in the NUHOMS-24P canister. In 
addition, the TS will be revised to correct administrative errors 
regarding the width dimension of the spent fuel. Specific changes will 
be made to TS 1.2.1 and 1.2.15, Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a, 
and 1-2c, and Figure 1-1. The CoC will be revised to change the 
certificate holder from Transnuclear West, Inc. to Transnuclear Inc. 
Minor editorial changes will also be made to the CoC.
    The amended Standardized NUHOMS-24P, -52B, and -61BT 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 and environment will continue to be ensured.

Discussion of Amendments by Section

Section 72.214  List of Approved Spent Fuel Storage Casks

    Certificate No.1004 is revised by adding the effective date of 
Amendment No. 4 and changing the applicant name from Transnuclear West, 
Inc. to Transnuclear Inc.

Procedural Background

    This rule is limited to the changes contained in Amendment 4 to CoC 
No. 1004 and does not include other aspects of the Standardized 
NUHOMS-24P, -52B, and -61BT 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 February 12, 2002. However, if the NRC 
receives significant adverse comments by December 31, 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 NRC 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.
    These comments will be addressed in a subsequent final rule. The 
NRC will not initiate a second comment period on this action. However, 
if the NRC receives significant adverse comments by December 31, 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.

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.

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 
Standardized NUHOMS-24P, -52B, and -61BT 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.

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 Standardized NUHOMS-24P, -
52B, and -61BT cask system within the list of approved spent fuel 
storage casks that power reactor

[[Page 59533]]

licensees can use to store spent fuel at reactor sites under a general 
license. This amendment will allow the storage of low burn-up spent 
fuel in the NUHOMS-24P canister. In addition, the TS will be 
revised to correct administrative errors regarding the width dimension 
of the spent fuel. Specific changes will be made to TS 1.2.1 and 1.2.15 
and Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a, and 1-2c, and Figure 1-1. The 
CoC will be revised to change the certificate holder from Transnuclear 
West, Inc. to Transnuclear Inc. Minor editorial changes will also be 
made to the CoC. 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 Merri Horn, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone (301) 415-8126, 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 December 22, 1994 (59 FR 65920), the NRC 
issued an amendment to part 72 that approved the Standardized 
NUHOMS-24P and -52B cask design by adding it to the list of 
NRC-approved cask designs in Sec. 72.214. Amendment No. 3 added the -
61BT cask design. On February 23, 2001, and as supplemented on June 8, 
and October 4, 2001, the certificate holder Transnuclear West, Inc.), 
submitted an application to the NRC to amend CoC No. 1004 to permit a 
part 72 licensee to store low burn-up spent fuel in the 
NUHOMS-24P canister. In addition, the TS will be revised to 
correct administrative errors regarding the width dimension of the 
spent fuel. Specific changes will be made to TS 1.2.1 and 1.2.15 and 
Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a, and 1-2c, and Figure 1-1. The CoC 
will be revised to change the certificate holder from Transnuclear 
West, Inc. to Transnuclear Inc. Minor editorial changes will also be 
made to 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.
    Approval of the direct final rule will eliminate this 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 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 environment 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 issued, 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 West, 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

[[Page 59534]]

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 1004 is revised to 
read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1004.
    Initial Certificate Effective Date: January 23, 1995.
    Amendment Number 1 Effective Date: April 27, 2000.
    Amendment Number 2 Effective Date: September 5, 2000.
    Amendment Number 3 Effective Date: September 12, 2001.
    Amendment Number 4 Effective Date: February 12, 2002.
    SAR Submitted by: Transnuclear Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS Horizontal Modular Storage System for Irradiated 
Nuclear Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015.
    Model Number: Standardized NUHOMS-24P, NUHOMS-
52B, and NUHOMS-61BT.
* * * * *

    Dated at Rockville, Maryland, this 13th day of November, 2001.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-29443 Filed 11-28-01; 8:45 am]
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