[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Rules and Regulations]
[Pages 9501-9504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3738]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 /
Rules and Regulations
[[Page 9501]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AH63
List of Approved Spent Fuel Storage Casks: NUHOMS[supreg]-24PT4
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 Transnuclear, Inc., Standardized Advanced
NUHOMS[reg] System listing within the ``List of approved spent fuel
storage casks'' to include Amendment No. 1 to Certificate of Compliance
Number (CoC No.) 1029. Amendment No. 1 will add another Dry Shielded
Canister (DSC), designated NUHOMS[supreg]-24PT4, to the authorized
contents of the Standardized Advanced NUHOMS[supreg] System. Also, the
rule will be amended to correct a typographical error that incorrectly
states the expiration date of the CoC.
DATES: The final rule is effective May 16, 2005, unless significant
adverse comments are received by March 30, 2005. 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the rule is withdrawn, timely notice will be published in the Federal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: You may submit comments by any one of the following methods.
Please include the following number (RIN 3150-AH63) in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available for public inspection. Because
your comments will not be edited to remove any identifying or contact
information, the NRC cautions you against including personal
information such as social security numbers and birth dates in your
submission.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking website at http://ruleforum.llnl.gov. Address questions
about our rulemaking website to Carol Gallagher (301) 415-5905; e-mail
[email protected]. Comments can also be submitted via the Federal eRulemaking
Portal http://www.regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays (telephone
(301) 415-1966).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this rulemaking may be
viewed electronically on the public computers located at the NRC's
Public Document Room (PDR), O-1F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. Selected documents, including
comments, can be viewed and downloaded electronically via the NRC
rulemaking website at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, are available electronically at the NRC's Electronic
Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html. From this
site, the public can gain entry into the NRC's Agencywide Document
Access and Management System (ADAMS), which provides text and image
files of NRC's public documents. 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]. An electronic copy of the proposed CoC and
preliminary safety evaluation report (SER) can be found under ADAMS
Accession No. ML043650049.
CoC No. 1029, the revised Technical Specifications (TS), the
underlying SER for Amendment No. 1, and the Environmental Assessment
(EA), are available for inspection at the NRC PDR, 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 6, 2003 (68 FR 463), that approved the Transnuclear, Inc. (TN),
Standardized Advanced NUHOMS[supreg] System cask design and added it to
the
[[Page 9502]]
list of NRC-approved cask designs in Sec. 72.214 as CoC No. 1029.
Discussion
On April 30, 2003, and as supplemented on March 12, July 2, and
September 14, 2004, the certificate holder, TN, submitted an
application to the NRC to amend CoC No. 1029 to add another DSC,
designated NUHOMS[supreg]-24PT4, to the authorized contents of the
Standardized Advanced NUHOMS[supreg] System. This canister is designed
to accommodate 24 intact Pressurized Water Reactor fuel assemblies with
or without integral burnable poison rods or integral fuel burnable
absorber rods, or up to 12 damaged fuel assemblies in lieu of an equal
number of intact assemblies. It is designed for use with the existing
Advanced NUHOMS[supreg] Horizontal Storage Module and transfer in the
NUHOMS[supreg] OS197H transfer cask, with a maximum heat load of 24
kilowatts (kW), under a general license. The specific changes requested
in Amendment No. 1 to CoC No. 1029 are listed in the SER. No other
changes to the Standardized Advanced NUHOMS[supreg] System design were
requested in this application. 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 Advanced
NUHOMS[supreg] System cask design listing in Sec. 72.214 by adding
Amendment No. 1 to CoC No. 1029. The amendment consists of changes to
the TS as described above. The particular TS which are changed are
identified in the NRC staff's SER for Amendment No. 1. Also, the NRC
staff is revising the rule text to correct a typographical error that
incorrectly states the expiration date of the CoC. The correct
expiration date, as listed in CoC No. 1029 for the Standardized
Advanced NUHOMS[supreg] System, is February 5, 2023.
The amended Standardized Advanced NUHOMS[supreg] 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
Section 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1029 is revised by adding the effective date of
Amendment Number 1 and changing the expiration date of the CoC to
February 5, 2023.
Procedural Background
This rule is limited to the changes contained in Amendment 1 to CoC
No. 1029 and does not include other aspects of the Standardized
Advanced NUHOMS[supreg] System cask 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 16, 2005. However, if the NRC receives
significant adverse comments by March 30, 2005, 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 final
rule.
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 is revising the
Standardized Advanced NUHOMS[supreg] 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 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 Standardized Advanced NUHOMS[supreg]
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 add another DSC, designated NUHOMS[supreg]-24PT4, to the
authorized contents of the Standardized Advanced NUHOMS[supreg] System.
This canister is designed to accommodate 24 intact Pressurized Water
Reactor fuel assemblies with or without integral
[[Page 9503]]
burnable poison rods or integral fuel burnable absorber rods, or up to
12 damaged fuel assemblies in lieu of an equal number of intact
assemblies. It is designed for use with the existing Advanced
NUHOMS[supreg] Horizontal Storage Module and transfer in the
NUHOMS[supreg] OS197H transfer cask, with a maximum heat load of 24 kW.
Also, the expiration date of the CoC will be changed to correct a
typographical error. Specifically, the expiration date will be changed
to February 5, 2023, as listed in CoC No. 1029 for the Standardized
Advanced NUHOMS[supreg] System.
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, 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 (OMB), 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 6, 2003 (68 FR 463), the NRC
issued an amendment to Part 72 that approved the Standardized Advanced
NUHOMS[supreg] System by adding it to the list of NRC-approved cask
designs in Sec. 72.214. On April 30, 2003, as supplemented on March
12, July 2, and September 14, 2004, the certificate holder, TN,
submitted an application to the NRC to amend CoC No. 1029 to modify the
present cask system design to add another DSC, designated
NUHOMS[supreg]-24PT4, to the authorized contents of the Standardized
Advanced NUHOMS[supreg] System. This canister is designed to
accommodate 24 intact Pressurized Water Reactor fuel assemblies with or
without integral burnable poison rods or integral fuel burnable
absorber rods, or up to 12 damaged fuel assemblies in lieu of an equal
number of intact assemblies. It is designed for use with the existing
Advanced NUHOMS[supreg] Horizontal Storage Module and transfer in the
NUHOMS[supreg] OS197H transfer cask, with a maximum heat load of 24 kW.
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
TN. 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.
0
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, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
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); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
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
[[Page 9504]]
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).
0
2. In Sec. 72.214, Certificate of Compliance 1029 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1029.
Initial Certificate Effective Date: February 5, 2003.
Amendment Number 1 Effective Date: May 16, 2005.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72-1029.
Certificate Expiration Date: February 5, 2023.
Model Number: Standardized Advanced NUHOMS[supreg]-24PT1,
NUHOMS[supreg]-24PT4.
Dated at Rockville, Maryland, this 14th day of February, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05-3738 Filed 2-25-05; 8:45 am]
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