[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Rules and Regulations]
[Pages 25740-25743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4115]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AH93


List of Approved Spent Fuel Storage Casks: NUHOMS[supreg] HD 
Addition

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to add the NUHOMS[supreg] HD cask system to the list of 
approved spent fuel storage casks. This direct final rule allows the 
holders of power reactor operating licenses to store spent fuel in this 
approved cask system under a general license.

DATES: The final rule is effective July 17, 2006, unless significant 
adverse comments are received by June 1, 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the rule is withdrawn, timely notice will be published in the Federal 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-AH93) 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.regulatons.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 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

[[Page 25741]]

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. ML052860036, ML052860043, and 
ML052860049, respectively.
    CoC No. 1030, the TS, the underlying SER, 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 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.

Discussion

    On May 5, 2004, and as supplemented on July 6, August 16, October 
11, October 28, November 19, 2004; February 18, March 7, April 14, May 
20, May 24, August 16, 2005; and January 24 and February 15, 2006, the 
certificate holder, Transnuclear, Inc. (TN), submitted an application 
to the NRC to add the NUHOMS[supreg] HD cask system to the list of NRC 
approved casks for spent fuel storage in 10 CFR 72.214. The 
NUHOMS[supreg] HD System provides for the horizontal storage of high 
burnup spent pressurized water reactor fuel assemblies in a dry 
shielded canister that is placed in a horizontal storage module 
utilizing an OS187H transfer cask. The system is an improved version of 
the Standardized NUHOMS[supreg] System described in CoC 1004. The 
NUHOMS[supreg] HD System has been optimized for high thermal loads, 
limited space, and radiation shielding performance. The -32PTH dry 
shielded canister (DSC) included in this system is similar to the -
24PTH DSC submitted for licensing as Amendment No. 8 to the 
Standardized NUHOMS[supreg] System. The -32PTH DSC will be transferred 
during loading operations using the OS-187H transfer cask (TC). The OS-
187H TC is very similar to the OS-197 and OS-197 TCs described in the 
final safety analysis report for the Standardized NUHOMS[supreg] 
System. The -32PTH DSC will be stored in a horizontal storage module 
(HSM), designated the HSM-H. The HSM-H is virtually identical to the 
HSM-H submitted for licensing as Amendment No. 8 to the Standardized 
NUHOMS[supreg] System. The NRC finds that the TN NUHOMS[supreg] HD cask 
system, as designed and when fabricated and used in accordance with the 
conditions specified in its CoC, meets the requirements of 10 CFR Part 
72. Thus, use of the TN NUHOMS[supreg] HD cask system, as approved by 
the NRC, will provide adequate protection of public health and safety 
and the environment. Simultaneously, the NRC is issuing a final SER and 
CoC that will be effective on July 17, 2006. Single copies of the CoC 
and SER are available for public inspection and/or copying for a fee at 
the NRC Public Document Room, O-1F21, 11555 Rockville Pike, Rockville, 
MD.
    This direct final rule adds the NUHOMS[supreg] HD Storage System to 
the listing in 10 CFR 72.214 by adding CoC No. 1030.
    The NUHOMS[supreg] HD Storage 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

    CoC No. 1030 is added to the list of approved spent fuel storage 
casks.

Procedural Background

    This rule is limited to the conditions contained in CoC No. 1030. 
The NRC is using the ``direct final rule procedure'' to issue this 
addition because it represents an improved version of the Standardized 
NUHOMS[supreg] System described in existing CoC 1004, and its addition 
to the list of approved spent fuel storage casks 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 July 17, 2006. However, if the NRC receives significant 
adverse comments by June 1, 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.

[[Page 25742]]

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 add the 
NUHOMS[supreg] HD System to the listing 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 will add the CoC for the NUHOMS[supreg] HD 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 
NUHOMS[supreg] HD System provides for the horizontal storage of high 
burnup spent pressurized water reactor fuel assemblies in a dry 
shielded canister that is placed in a horizontal storage module 
utilizing an OS187H transfer cask. The system is an improved version of 
the Standardized NUHOMS[supreg] System described in CoC 1004. The 
NUHOMS[supreg] HD System has been optimized for high thermal loads, 
limited space, and radiation shielding performance. The -32PTH dry 
shielded canister (DSC) included in this system is similar to the -
24PTH DSC submitted for licensing as Amendment No. 8 to the 
Standardized NUHOMS[supreg] System. The -32PTH DSC will be transferred 
during loading operations using the OS-187H transfer cask (TC). The OS-
187H TC is very similar to the OS-197 and OS-197 TCs described in the 
final safety analysis report for the Standardized NUHOMS[supreg] 
System. The -32PTH DSC will be stored in a horizontal storage module 
(HSM), designated the HSM-H. The HSM-H is virtually identical to the 
HSM-H submitted for licensing as Amendment No. 8 to the Standardized 
NUHOMS[supreg] System. 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 Commission issued an amendment 
to 10 CFR Part 72. The amendment provided for the storage of spent 
nuclear fuel in cask systems with designs approved by the NRC under a 
general license. Any nuclear power reactor licensee can use cask 
systems with designs approved by the NRC to store spent nuclear fuel if 
it notifies the NRC in advance, the spent fuel is stored under the 
conditions specified in the cask's CoC, and the conditions of the 
general license are met. In that rule, four spent fuel storage casks 
were approved for use at reactor sites and were listed in 10 CFR 
72.214. That rule envisioned that storage casks certified in the future 
could be routinely added to the listing in 10 CFR 72.214 through the 
rulemaking process. Procedures and criteria for obtaining NRC approval 
of new spent fuel storage cask designs were provided in 10 CFR part 72, 
subpart L.
    The alternative to this action is to withhold approval of this new 
design and issue a site-specific license to each utility that proposes 
to use the casks. This alternative would cost both the NRC and 
utilities more time and money for each site-specific license. 
Conducting site-specific reviews would ignore the procedures and 
criteria currently in place for the addition of new cask designs that 
can be used under a general license, and would be in conflict with NWPA 
direction to the Commission to approve technologies for the use of 
spent fuel storage at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site reviews. This alternative also would tend to exclude new vendors 
from the business market without cause and would arbitrarily limit the 
choice of cask designs available to power reactor licensees. This final 
rulemaking will eliminate the above problems and is consistent with 
previous Commission actions. Further, the rule will have no adverse 
effect on public health and safety.
    The benefit of this rule to nuclear power reactor licensees is to 
make available a greater choice of spent fuel storage cask designs that 
can be used under a general license. The new cask vendors with casks to 
be listed in 10 CFR 72.214 benefit by having to obtain NRC certificates 
only once for a design that can then be used by more than one power 
reactor licensee. The NRC also benefits because it will need to certify 
a cask design only once for use by multiple licensees. Casks approved 
through rulemaking are to be suitable for use under a range of 
environmental conditions sufficiently broad to encompass multiple 
nuclear power plants in the United States without the need for further 
site-specific approval

[[Page 25743]]

by NRC. Vendors with cask designs already listed may be adversely 
impacted because power reactor licensees may choose a newly listed 
design over an existing one. However, the NRC is required by its 
regulations and NWPA direction to certify and list approved casks. This 
rule has no significant identifiable impact or benefit on other 
Government agencies.
    Based on the above discussion of the benefits and impacts of the 
alternatives, the NRC concludes that the requirements of the final rule 
are commensurate with the Commission'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 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.

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 
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); 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 1030 is added to read as 
follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1030.
    Initial Certificate Effective Date: July 17, 2006.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] HD 
Horizontal Modular Storage System for Irradiated Nuclear Fuel.
    Docket Number: 72-1030.
    Certificate Expiration Date: July 17, 2026.
    Model Number: NUHOMS[supreg] HD-32PTH.
* * * * *

    Dated at Rockville, Maryland, this 13th day of April, 2006.

    For the Nuclear Regulatory Commission.
William F. Kane,
Acting Executive Director for Operations.
[FR Doc. 06-4115 Filed 5-1-06; 8:45 am]
BILLING CODE 7590-01-P