[Federal Register Volume 68, Number 35 (Friday, February 21, 2003)]
[Rules and Regulations]
[Pages 8445-8448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4107]



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  Federal Register / Vol. 68, No. 35 / Friday, February 21, 2003 / 
Rules and Regulations  

[[Page 8445]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AH13


List of Approved Spent Fuel Storage Casks: 
FuelSolutionsTM Cask System Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the BNFL Fuel Solutions 
(FuelSolutionsTM) cask system listing within the ``List of 
approved spent fuel storage casks'' to include Amendment No. 3 to 
Certificate of Compliance Number 1026. Amendment No. 3 will modify the 
Technical Specifications. The current Technical Specifications require 
that if the W-21 canister is required to be removed from its storage 
cask, then the canister must be returned to the spent fuel building. 
The modified Technical Specifications will provide an alternative to 
returning the canister to the spent fuel building by returning it to 
the transfer cask. Specifically, Technical Specifications 3.3.2 and 
3.3.3 propose returning the W-21 canister to the transfer cask while 
restoring normal storage conditions. The amendment also includes 
several editorial changes to Technical Specifications 3.1.1, 3.3.2, and 
3.3.3.

DATES: The final rule is effective May 7, 2003, unless significant 
adverse comments are received by March 24, 2003. 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the rule is withdrawn, timely notice will be published in the Federal 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 Certificate of Compliance (CoC) and preliminary 
safety evaluation report can be found under ADAMS Accession No. 
ML023310579. 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. 1026, the revised Technical Specifications (TS), the 
underlying Safety Evaluation Report (SER) for Amendment No. 3, 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 
January 16, 2001 (66 FR 3444), that approved the 
FuelSolutionsTM cask design and added it to the list of NRC-
approved cask designs in Sec.  72.214 as CoC No. 1026.

Discussion

    On May 28, 2002, and as supplemented October 3, 2002, the 
certificate holder, BNFL Fuel Solutions, submitted an application to 
the NRC to

[[Page 8446]]

amend CoC No. 1026 to change the W-21 canister Technical Specifications 
(TS) and bases to provide an alternative to returning the canister to 
the spent fuel building by returning it to the transfer cask. 
Specifically, TS 3.3.2 and TS 3.3.3 propose returning the W-21 canister 
to the transfer cask while restoring normal storage conditions. The 
amendment also includes several editorial changes to TS 3.1.1, TS 
3.3.2, and TS 3.3.3. No other changes to the FuelSolutionsTM 
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 FuelSolutionsTM cask 
design listing in Sec.  72.214 by adding Amendment No. 3 to CoC No. 
1026. The amendment consists of changes to the TS to provide an 
alternative to returning the W-21 canister to the spent fuel building 
by returning it to the transfer casks. The amendment also includes 
several editorial changes. The particular Technical Specifications that 
are changed are identified in the NRC staff's SER for Amendment No. 3.
    The amended FuelSolutionsTM cask system, when used under 
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. 1026 is revised by adding the effective date of 
Amendment Number 3.

Procedural Background

    This rule is limited to the changes contained in Amendment 3 to CoC 
No. 1026 and does not include other aspects of the 
FuelSolutionsTM 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 7, 2003. However, if the NRC receives 
significant adverse comments by March 24, 2003, 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, in a subsequent rule. 
The NRC will not initiate a second comment period on this action.
    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.

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 
FuelSolutionsTM 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.

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.

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 FuelSolutionsTM 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 No. 3 will modify the present cask system design to 
change the W-21 canister Technical Specifications (TS) and bases to 
provide an alternative to returning the canister to the spent fuel 
building by returning it to the transfer cask. Specifically, TS 3.3.2 
and TS 3.3.3 propose returning the W-21 canister to the transfer cask 
while restoring normal storage conditions. The amendment also includes 
several editorial changes to TS 3.1.1, TS 3.3.2, and TS 3.3.3.
    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-

[[Page 8447]]

0001, telephone (301) 415-6219, 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

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

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 January 16, 2001 (66 FR 3444), the NRC 
issued an amendment to part 72 that approved the 
FuelSolutionsTM cask design by adding it to the list of NRC-
approved cask designs in Sec.  72.214. On May 28, 2002, and as 
supplemented October 3, 2002, the certificate holder, BNFL Fuel 
Solutions Corporation, submitted an application to the NRC to modify 
the Technical Specifications (TS). The current TS require that if the 
W-21 canister is required to be removed from its storage cask, then the 
canister must be returned to the spent fuel building. The modified TS 
will provide an alternative to returning the canister to the spent fuel 
building by returning it to the transfer cask. Specifically, TS 3.3.2 
and TS 3.3.3 propose returning the W-21 canister to the transfer cask 
while restoring normal storage conditions. The amendment also includes 
several editorial changes to TS 3.1.1, TS 3.3.2, and TS 3.3.3.
    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 
BNFL Fuel Solutions Corporation. 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, 2224 (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 1026 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1026.
    Initial Certificate Effective Date: February 15, 2001.
    Amendment Number 1 Effective Date: May 14, 2001.
    Amendment Number 2 Effective Date: January 28, 2002.
    Amendment Number 3 Effective Date: May 7, 2003.
    SAR Submitted by: BNFL Fuel Solutions Corporation.
    SAR Title: Final Safety Analysis Report for the 
FuelSolutionsTM Spent Fuel Management System.
    Docket Number: 72-1026.
    Certification Expiration Date: February 15, 2021.

[[Page 8448]]

    Model Number: WSNF-220, WSNF-221, and WSNF-223 systems; W-150 
storage cask; W-100 transfer cask; and the W-21 and W-74 canisters.
* * * * *

    Dated in Rockville, Maryland, this 7th day of January, 2003.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 03-4107 Filed 2-20-03; 8:45 am]
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