[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Rules and Regulations]
[Pages 60659-60662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17079]
[[Page 60659]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AH98
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision
3
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations revising the Holtec International HI-STORM 100 cask system
listing within the ``List of approved spent fuel storage casks'' to
include Amendment No. 3 to Certificate of Compliance Number 1014.
Amendment No. 3 will revise Technical Specification (TS) 3.1.3, to
eliminate cooling of the Multi-Purpose Canister (MPC) cavity prior to
reflood with water, as part of cask unloading operations; TS 3.3.1, to
allow linear interpolation between minimal soluble boron
concentrations, for certain fuel enrichments in the MPC-32/32F;
Appendix B, Section 1, to make modifications to the definitions of fuel
debris, damaged fuel assembly, and non-fuel hardware; and Appendix B,
Section 2, to permit the storage of pressurized water reactor fuel
assemblies with annular fuel pellets in the top and bottom 12 inches of
the active fuel length. Other changes will be made to incorporate minor
editorial corrections.
DATES: The final rule is effective January 2, 2007, unless significant
adverse comments are received by November 15, 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 If the rule is withdrawn, timely notice will be published in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-AH98) in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available for public inspection. Because
your comments will not be edited to remove any identifying or contact
information, the NRC cautions you against including personal
information such as social security numbers and birth dates in your
submission.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking 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 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 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. ML062130434,
ML061980040, and ML062130467, respectively.
CoC No. 1014, the revised TS, the underlying SER for Amendment No.
3, 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. The NRC subsequently issued a final rule on May
1, 2000 (65 FR 25241) that approved the HI-STORM 100 cask system
design, and added it to the list of NRC-approved cask designs in 10 CFR
72.214 as CoC No. 1014.
Discussion
On November 7, 2005, and as supplemented on April 30, 2006, the
certificate holder, Holtec International, submitted an application to
the NRC to amend the HI-STORM 100 cask system. The application
requested changes to eliminate cooling of the MPC cavity prior to
reflood with water as part of cask unloading operations, changes to
allow linear interpolation between minimal soluble boron concentrations
for certain fuel enrichments in the MPC-32/32F, modifications to the
definitions of fuel debris, damaged fuel assembly, and non-fuel
hardware, changes to permit the storage of
[[Page 60660]]
pressurized water reactor fuel assemblies with annular fuel pellets in
the top and bottom 12 inches of the active fuel length, and other
changes to incorporate minor editorial corrections. No other changes to
the HI-STORM 100 cask system 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 has 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 HI-STORM 100 cask system listing
in 10 CFR 72.214 by adding Amendment No. 3 to CoC No. 1014. The
amendment consists of changes to the TS as described above. The
particular TS which are changed are identified in the NRC staff's SER
for Amendment No. 3.
The amended HI-STORM 100 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. 1014 is revised by adding the effective date of
Amendment Number 3.
Procedural Background
This rule is limited to the changes contained in Amendment No. 3 to
CoC No. 1014 and does not include other aspects of the HI-STORM 100
cask system. 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 January 2, 2007.
However, if the NRC receives significant adverse comments by November
15, 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 HI-STORM 100 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 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, will 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 HI-STORM 100 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.
Amendment No. 3 will modify the present cask system design by revising
TS 3.1.3 to eliminate cooling of the MPC cavity prior to reflood with
water as part of cask unloading operations; TS 3.3.1 to allow linear
interpolation between minimal soluble boron concentrations for certain
fuel enrichments in the MPC-32/32F; Appendix B, Section 1, to make
modifications to the definitions of fuel debris, damaged fuel assembly,
and non-fuel hardware; and Appendix B, Section 2, to permit the storage
of pressurized water reactor fuel assemblies with annular fuel pellets
in the top and bottom 12 inches of the active fuel length. Other
changes will be made to incorporate minor editorial corrections.
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
[[Page 60661]]
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 May 1, 2000 (65 FR 25241), the NRC
issued an amendment to part 72 that approved the HI-STORM 100 cask
system design by adding it to the list of NRC-approved cask designs in
10 CFR 72.214. On November 7, 2005, and as supplemented on April 30,
2006, the certificate holder, Holtec International, submitted an
application to the NRC to amend the HI-STORM 100 cask system. The
amendment will revise TS 3.1.3 to eliminate cooling of the MPC cavity
prior to reflood with water as part of cask unloading operations; TS
3.3.1 to allow linear interpolation between minimal soluble boron
concentrations for certain fuel enrichments in the MPC-32/32F; Appendix
B, Section 1, to make modifications to the definitions of fuel debris,
damaged fuel assembly, and non-fuel hardware; and Appendix B, Section
2, to permit the storage of pressurized water reactor fuel assemblies
with annular fuel pellets in the top and bottom 12 inches of the active
fuel length. Other changes will be made to incorporate minor editorial
corrections. 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 Holtec
International. 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, Public Law 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 Public Law 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Public
Law 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Public Law 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec.
148, Public Law 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), Public Law 109-58, 119 Stat. 806-810
(42 U.S.C. 2014, 2021, 2021b, 2111).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Public Law 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, Public Law 97-425, 96 Stat.
2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec.
145(g), Public Law 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), Public Law 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 1014 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: June 1, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: January 2, 2007.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: June 1, 2020.
[[Page 60662]]
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 22nd day of September, 2006.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Acting Executive Director for Operations.
[FR Doc. E6-17079 Filed 10-13-06; 8:45 am]
BILLING CODE 7590-01-P