[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Rules and Regulations]
[Pages 14089-14092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2715]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Rules
and Regulations
[[Page 14089]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AH87
List of Approved Spent Fuel Storage Casks: VSC-24 Revision 6
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations revising the BNG Fuel Solutions Corporation VSC-24 cask
system listing within the ``List of Approved Spent Fuel Storage Casks''
to include Amendment No. 6 to Certificate of Compliance Number 1007.
Amendment No. 6 will modify the present cask system design to revise
the Technical Specification (TS) requirements related to periodic
monitoring during storage operation under a general license.
Specifically, the amendment will eliminate TS 1.3.4 that requires daily
temperature measurement of the cask. The daily temperature measurement
is not required because the daily visual inspection of the cask inlet
and outlet vent screens, required by TS 1.3.1, provides the capability
to determine when corrective action needs to be taken to maintain safe
storage conditions under the requirements that govern general design
criteria for spent fuel storage casks. This is because the visual
inspection would determine if the cask inlets and outlets were blocked
(the focus of the thermal analysis submitted by the CoC holder). The
amendment will also revise TS 1.2.3 to correspond with TS 1.3.1 by
revising the method of thermal performance evaluation to allow for
daily temperature surveillance after the cask has reached thermal
equilibrium. In addition, the amendment updates editorial changes
associated with the company name change from BNFL Fuel Solutions
Corporation to BNG Fuel Solutions Corporation.
DATES: The final rule is effective June 5, 2006, unless significant
adverse comments are received by April 20, 2006. 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-AH87) 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 comment 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 Web site at http://ruleforum.llnl.gov. Address questions
about our rulemaking Web site 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 am and 4:15 pm 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 Web site 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
Certificate of Compliance (CoC), TS, and preliminary safety evaluation
report (SER) can be found under ADAMS Accession Nos. ML053330269,
ML053340113, and ML053330282, respectively.
CoC No. 1007, the revised TS, the underlying SER for Amendment No.
6, 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, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6219, e-mail
[email protected].
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
[[Page 14090]]
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 April
7, 1993 (58 FR 17948) that approved the VSC-24 cask design and added it
to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No.
1007.
Discussion
On June 30, 2005, and as supplemented on October 12, 2005, the
certificate holder, BNG Fuel Solutions Corporation, submitted an
application to the NRC to amend CoC No. 1007 to modify the TS
requirements related to periodic monitoring during storage operation.
The application requested that TS 1.3.4, which requires daily
temperature measurement of the cask, be eliminated. The daily
temperature measurement is not required because the daily visual
inspection of the cask inlet and outlet vent screens, required by TS
1.3.1, provides the capability to determine when corrective action
needs to be taken to maintain safe storage conditions under the
requirements in 10 CFR 72.122(h)(4). This is because the visual
inspection would determine if the cask inlets and outlets were blocked
(the focus of the thermal analysis submitted by the CoC holder). The
application also requested a revision to TS 1.2.3 to change the method
of thermal performance evaluation to allow for daily temperature
surveillance after the cask has reached thermal equilibrium. In
addition, the application requested editorial changes associated with
the company name change from BNFL Fuel Solutions Corporation to BNG
Fuel Solutions Corporation. No other changes to the VSC-24 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. The NRC staff
also determined that there continues to be reasonable assurance that
public health and safety and the environment will be adequately
protected.
This direct final rule revises the VSC-24 cask design listing in 10
CFR 72.214 by adding Amendment No. 6 to CoC No. 1007. The amendment
consists of changes to the requirements related to periodic monitoring
during storage operation by eliminating TS requirements that require
daily temperature measurement of the cask. The particular TS which are
changed are identified in the NRC staff's SER for Amendment No. 6.
The amended VSC-24 cask system, when used under 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. 1007 is revised by adding the effective date of
Amendment Number 6.
Procedural Background
This rule is limited to the changes contained in Amendment No. 6 to
CoC No. 1007 and does not include other aspects of the VSC-24 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 5, 2006. However,
if the NRC receives significant adverse comments by April 20, 2006,
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. 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 and Advancement 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 will revise
the VSC-24 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 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
[[Page 14091]]
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 will amend the CoC for the VSC-24 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 revise the TS
requirements related to periodic monitoring during storage operation,
under a general license. Specifically, the amendment will eliminate TS
1.3.4 that requires daily temperature measurement of the cask. The
daily temperature measurement is not required because the daily visual
inspection of the cask inlet and outlet vent screens, required by TS
1.3.1, provides the capability to determine when corrective action
needs to be taken to maintain safe storage conditions under the
requirements in 10 CFR 72.122(h)(4). This is because the visual
inspection will determine if the cask inlets and outlets were blocked
(the focus of the thermal analysis submitted by the CoC holder). The
amendment will also revise TS 1.2.3 to correspond with TS 1.3.1 by
revising the method of thermal performance evaluation to allow for
daily temperature surveillance after the cask has reached thermal
equilibrium. In addition, the amendment will update editorial changes
associated with the company name change from BNFL Fuel Solutions
Corporation to BNG Fuel Solutions Corporation. The EA 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 EA 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, 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 10 CFR 72.214. On April 7, 1993 (58 FR 17948), the NRC
issued an amendment to part 72 that approved the VSC-24 cask design by
adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On
June 30, 2005, and as supplemented on October 12, 2005, the certificate
holder, BNG Fuel Solutions Corporation, submitted an application to the
NRC to amend CoC No. 1007 to revise the TS requirements related to
periodic monitoring during storage operation. Specifically, the
amendment will eliminate TS 1.3.4 that requires daily temperature
measurement of the cask. The daily temperature measurement is not
required because the daily visual inspection of the cask inlet and
outlet vent screens, required by TS 1.3.1, provides the capability to
determine when corrective action needs to be taken to maintain safe
storage conditions under the requirements in 10 CFR 72.122(h)(4). This
is because the visual inspection will determine if the cask inlets and
outlets were blocked (the focus of the thermal analysis submitted by
the CoC holder). The amendment will also revise TS 1.2.3 to correspond
with TS 1.3.1 by revising the method of thermal performance evaluation
to allow for daily temperature surveillance after the cask has reached
thermal equilibrium. In addition, the amendment updates editorial
changes associated with the company name change from BNFL Fuel
Solutions Corporation to BNG Fuel Solutions Corporation. 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
Under 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 BNG 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.
Congressional Review Act
Under the Congressional Review 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 14092]]
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 is revised 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); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C.
2014, 2021, 2021b, 2111).
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).
0
2. In Sec. 72.214, Certificate of Compliance 1007 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1007.
Initial Certificate Effective Date: May 7, 1993.
Amendment Number 1 Effective Date: May 30, 2000.
Amendment Number 2 Effective Date: September 5, 2000.
Amendment Number 3 Effective Date: May 21, 2001.
Amendment Number 4 Effective Date: February 3, 2003.
Amendment Number 5 Effective Date: September 13, 2005.
Amendment Number 6 Effective Date: June 5, 2006.
SAR Submitted by: BNG Fuel Solutions Corporation.
SAR Title: Final Safety Analysis Report for the Ventilated Storage
Cask System.
Docket Number: 72-1007.
Certificate Expiration Date: May 7, 2013.
Model Number: VSC-24.
* * * * *
Dated at Rockville, Maryland, this 3rd day of March 2006.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 06-2715 Filed 3-20-06; 8:45 am]
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