[Federal Register Volume 67, Number 51 (Friday, March 15, 2002)]
[Rules and Regulations]
[Pages 11566-11569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6228]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG94


List of Approved Spent Fuel Storage Casks: NAC-MPC 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 International Multi-Purpose Canister (NAC-
MPC) cask system listing within the ``List of Approved Spent Fuel 
Storage Casks'' to include Amendment 2 to Certificate of Compliance 
(CoC) Number 1025. This amendment will allow for modification of the 
design of the cask system to accommodate a new type of fuel. The NAC-
MPC system component modifications include increased length of the fuel 
basket and canister, transfer cask, and vertical concrete cask. Changes 
also include a redesigned fuel basket to accommodate 26 fuel 
assemblies, with an alternate 24-fuel assembly configuration and 
increased transfer cask radial shielding. The CoC has been revised in 
its entirety to include a reference to the new type of fuel and a 
revised format. The Technical Specifications (TS) have also been 
revised in their entirety to include specifications for the new type of 
fuel, new operational limits, and to incorporate a revised format for 
the TS.

DATES: The final rule is effective May 29, 2002, unless significant 
adverse comments are received by April 15, 2002. 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the rule is withdrawn, timely notice will be published in the Federal 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 Web site at http://ruleforum.llnl.gov. You may also provide comments via this Web site 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 e-mail 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/reading-rm/adams.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.

[[Page 11567]]

ML013480571. 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 e-mail to 
[email protected].
    CoC No. 1025, the revised Technical Specifications, the underlying 
Safety Evaluation Report for Amendment 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 Roger W. Broseus, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-7608, e-mail 
[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 
9, 2000 (65 FR 12444) that approved the NAC-MPC cask design and added 
it to the list of NRC-approved cask designs in Sec. 72.214 as CoC No. 
1025.

Discussion

    NAC International, the certificate holder for CoC No. 1025, 
submitted an application to the NRC to amend the CoC on May 19, 2000; 
supplemental information to support the application was submitted on 
September 6, October 2, and 12, 2000; and April 13, September 6, 
October 5, 10, and 15, and November 21, 2001. The applicant requested 
an amendment to permit a part 72 licensee to store a new type of fuel 
in the NAC-MPC. The NAC-MPC system component modifications include 
increased length of the fuel basket and canister, transfer cask, and 
vertical concrete cask. Changes include a redesigned fuel basket to 
accommodate 26 fuel assemblies, with an alternate 24-fuel assembly 
configuration and increased transfer cask radial shielding. The CoC has 
been revised in its entirety to include a reference to the new type of 
fuel and a revised format. No other changes to the NAC-MPC 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 NAC-MPC cask design listing in 
Sec. 72.214 by adding Amendment 2 to CoC No. 1025. The amendment 
includes a revision of the TS in their entirety to revise the format of 
the TS and to include specifications for the new type of fuel and new 
operational limits. Details on specific changes to the TS are discussed 
in the SER.
    The redesigned NAC-MPC cask system, when used in accordance with 
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.

Discussion of Amendments by Section


Sec. 72.214  List of approved spent fuel storage casks.

    Certificate No. 1025 is revised by adding the effective date of 
Amendment 2.

Procedural Background

    This rule is limited to the changes contained in Amendment 2 to CoC 
No. 1025 and does not include other aspects of the NAC-MPC 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 May 29, 2002. However, 
if the NRC receives significant adverse comments by April 15, 2002, 
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 (other than 
editorial) 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 April 15, 2002, 
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

[[Page 11568]]

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 NAC-
MPC 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 NAC-MPC 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. Amendment 
2 will allow for modification of the design of the cask system to 
accommodate a new type of fuel. The NAC-MPC system component 
modifications include increased length of the fuel basket and canister, 
transfer cask, and vertical concrete cask. Changes also include a 
redesigned fuel basket to accommodate 26 fuel assemblies, with an 
alternate 24-fuel assembly configuration and increased transfer cask 
radial shielding. The CoC has been revised in its entirety to include a 
reference to the new type of fuel and a revised format. The Technical 
Specifications (TS) have also been revised in their entirety to include 
specifications for the new type of fuel, new operational limits, and to 
incorporate a revised format for the 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. Single copies of the environmental 
assessment and finding of no significant impact are available from 
Roger W. Broseus, Office of Nuclear Material Safety and Safeguards, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone (301) 415-7608, e-mail [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 March 9, 2000 (65 FR 12444), the NRC 
issued an amendment to part 72 that approved the NAC-MPC cask design by 
adding it to the list of NRC-approved cask designs in Sec. 72.214. On 
May 19, 2000, the certificate holder, NAC International, submitted an 
application to the NRC to amend CoC No. 1025; supplemental information 
to support the application was submitted on September 6, October 2, and 
12, 2000; and April 13, September 6, October 5, 10, and 15, and 
November 21, 2001. Amendment 2 will allow for modification of the 
design of the cask system to accommodate a new type of fuel. The MPC 
system component modifications include increased length of the fuel 
basket and canister, transfer cask, and vertical concrete cask. Changes 
also include a redesigned fuel basket to accommodate 26 fuel 
assemblies, with an alternate 24-fuel assembly configuration and 
increased transfer cask radial shielding. The CoC has been revised in 
its entirety to include a reference to the new type of fuel and a 
revised format. The Technical Specifications (TS) have also been 
revised in their entirety to include specifications for the new type of 
fuel, new operational limits, and to incorporate a revised format for 
the TS.
    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 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 
NAC International. 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

[[Page 11569]]

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 1025 is revised to 
read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *

    Certificate Number: 1025.
    Initial Certificate Effective Date: April 10, 2000.
    Amendment Number 1 Effective Date: November 13, 2001.
    Amendment Number 2 Effective Date: May 29, 2002.
    SAR Submitted by: NAC International.
    SAR Title: Final Safety Analysis Report for the NAC-Multipurpose 
Canister System (NAC-MPC System).
    Docket Number: 72-1025.
    Certificate Expiration Date: April 10, 2020.
    Model Number: NAC-MPC.
* * * * *


    Dated at Rockville, Maryland, this 4th day of March, 2002.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 02-6228 Filed 3-14-02; 8:45 am]
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