[Federal Register Volume 67, Number 59 (Wednesday, March 27, 2002)]
[Rules and Regulations]
[Pages 14627-14630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7320]



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  Federal Register / Vol. 67, No. 59 / Wednesday, March 27, 2002 / 
Rules and Regulations  

[[Page 14627]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG97


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the Holtec International HI-STORM 100 cask system 
listing within the list of approved spent fuel storage casks to include 
Amendment 1 to Certificate of Compliance (CoC) Number 1014. This 
amendment will modify the present cask system design, under a general 
license, to: add four new multipurpose canisters; add new containers 
for damaged fuel; add the HI-STORM 100S overpack and the 100A and 100SA 
high-seismic anchored overpacks; allow the storage of high-burnup fuel; 
delete the Technical Specifications for special requirements for the 
first systems in place and for training requirements and relocate these 
requirements to the main body of CoC 1014; and allow the storage of 
selected nonfuel hardware. The amendment will also use revised thermal 
analysis tools to include natural convection heat transfer, revise the 
helium backfill requirements to allow a helium density measurement to 
be used, allow a helium drying system rather than the existing vacuum 
drying system, and require soluble boron during canister loading for 
certain higher enriched fuels. In addition, modifications will be made 
to applicable CoC conditions and sections of Appendix A and Appendix B 
to the CoC to reflect the changes.

DATES: The final rule is effective June 10, 2002, unless significant 
adverse comments are received by April 26, 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the rule is withdrawn, timely notice will be published in the Federal 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 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 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.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. ML013330457. 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. 1014, the revised Technical Specifications, the underlying 
Safety Evaluation Report for Amendment No. 1, 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, e-mail 
[email protected].

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, telephone (301) 
415-6219, 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 May 
1, 2000 (65 FR 25241), that approved the Holtec HI-STORM 100 cask 
design and added it to the list of

[[Page 14628]]

NRC-approved cask designs in Sec. 72.214 as Certificate of Compliance 
Number (CoC No.) 1014.

Discussion

    On July 3, 2001, and as supplemented on August 13 and 17, and 
October 5, 12, and 19, 2001, the certificate holder, Holtec 
International, submitted an application to the NRC to amend CoC No. 
1014 to permit a Part 72 licensee to: (1) Add four new multipurpose 
canisters--three for pressurized water reactor fuel and one for boiling 
water reactor fuel; (2) add new containers for damaged fuel; (3) add 
the HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored 
overpacks; (4) allow the storage of high-burnup fuel; (5) delete the 
Technical Specifications for special requirements for the first systems 
in place and for training requirements and relocate these requirements 
to the main body of CoC 1014; and (6) allow the storage of selected 
nonfuel hardware. The amendment also will utilize revised thermal 
analysis tools to include natural convection heat transfer, revise the 
helium backfill requirements to allow a helium density measurement to 
be used, allow a helium drying system rather than the existing vacuum 
drying system, and require soluble boron during canister loading for 
certain higher enriched fuels. In addition, modifications will be made 
to Conditions 1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; Sections 
3.0 and 5.0 of Appendix A to the CoC; and Sections 1.0, 2.0, and 3.0 of 
Appendix B to the CoC to reflect the changes. No other changes to the 
Holtec HI-STORM 100 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 Holtec HI-STORM 100 cask design 
listing in Sec. 72.214 by adding Amendment No. 1 to CoC No. 1014. The 
amendment consists of changes to the Technical Specifications as 
described above in the ``Discussion'' portion of this document. The 
particular Technical Specifications that are changed are identified in 
the NRC staff's Safety Evaluation Report for Amendment 1.
    The amended Holtec HI-STORM 100 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.

Discussion of Amendments by Section

Section 72.214  List of Approved Spent Fuel Storage Casks

    Certificate No. 1014 is revised by adding the effective date of the 
initial certificate, and the effective date of Amendment Number 1.

Procedural Background

    This rule is limited to the changes contained in Amendment 1 to CoC 
No. 1014 and does not include other aspects of the Holtec HI-STORM 100 
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 June 10, 2002. However, if the NRC receives significant 
adverse comments by April 26, 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 26 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 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 Holtec 
HI-STORM 100 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

[[Page 14629]]

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 Holtec HI-STORM 100 
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: (1) Add four new multipurpose canisters--three for 
pressurized water reactor fuel and one for boiling water reactor fuel; 
(2) add new containers for damaged fuel; (3) add the HI-STORM 100S 
overpack and the 100A and 100SA high-seismic anchored overpacks; (4) 
allow the storage of high-burnup fuel; (5) delete the Technical 
Specification for special requirements for the first systems in place 
and for training requirements and relocate these requirements to the 
main body of CoC 1014; and (6) allow the storage of selected nonfuel 
hardware. The amendment also will utilize revised thermal analysis 
tools to include natural convection heat transfer, revise the helium 
backfill requirements to allow a helium density measurement to be used, 
allow a helium drying system rather than the existing vacuum drying 
system, and require soluble boron during canister loading for certain 
higher enriched fuels. In addition, modifications will be made to 
Conditions 1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; Sections 3.0 
and 5.0 of Appendix A to the CoC; and Sections 1.0, 2.0, and 3.0 of 
Appendix B to the CoC to reflect the changes. 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 May 1, 2000 (65 FR 25241), the NRC issued 
an amendment to Part 72 that approved the Holtec HI-STORM 100 cask 
design by adding it to the list of NRC-approved cask designs in 
Sec. 72.214. On July 3, 2001, and as supplemented on August 13 and 17, 
and October 5, 12, and 19, 2001, the certificate holder, Holtec 
International, submitted an application to the NRC to amend CoC No. 
1014 to permit a Part 72 licensee to: (1) Add four new multipurpose 
canisters--three for pressurized water reactor fuel and one for boiling 
water reactor fuel; (2) add new containers for damaged fuel; (3) add 
the HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored 
overpacks; (4) allow the storage of high-burnup fuel; (5) delete the 
Technical Specifications for special requirements for the first systems 
in place and for training requirements and relocate these requirements 
to the main body of CoC 1014; and (6) allow the storage of selected 
nonfuel hardware. The amendment also will utilize revised thermal 
analysis tools to include natural convection heat transfer, revise the 
helium backfill requirements to allow a helium density measurement to 
be used, allow a helium drying system rather than the existing vacuum 
drying system, and require soluble boron during canister loading for 
certain higher enriched fuels. In addition, modifications will be made 
to Conditions 1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; Sections 
3.0 and 5.0 of Appendix A to the CoC; and Sections 1.0, 2.0, and 3.0 of 
Appendix B to the CoC to reflect the changes.
    The alternative to this action is to withhold approval of this 
amended cask system design and issue a site-specific license to each 
licensee. This alternative would cost both the NRC and the utilities 
more time and money because each utility would have to pursue an 
exemption or a site-specific license.
    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 
Holtec 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 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

[[Page 14630]]

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 1014 is revised to 
read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1014
Initial Certificate Effective Date: June 1, 2000
Amendment Number 1 Effective Date: June 10, 2002
SAR Submitted by: Holtec International
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
System
Docket Number: 72-1014
Certificate Expiration Date: June 1, 2020
Model Number: HI-STORM 100
* * * * *

    Dated at Rockville, Maryland, this 13th day of March, 2002.


    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 02-7320 Filed 3-26-02; 8:45 am]
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