[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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  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.

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

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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