[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]
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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.
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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the rule is withdrawn, timely notice will be published in the Federal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]
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