[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Rules and Regulations]
[Pages 45880-45883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16134]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI21


List of Approved Spent Fuel Storage Casks: TN-68 Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its spent 
fuel storage cask regulations by revising the Transnuclear, Inc. TN-68 
dry storage cask system listing within the ``List of Approved Spent 
Fuel Storage Casks'' to include Amendment No. 1 to Certificate of 
Compliance (CoC) Number 1027. Amendment No. 1 will modify the CoC by 
revising several fuel parameters that include increasing fuel burnup to 
60 gigawatts-day/metric ton of uranium, increasing total cask decay 
heat to 30 kilowatts, increasing maximum average fuel enrichment to 4.7 
weight percent uranium-235, and decreasing minimum fuel assembly 
cooling time to 7 years. Amendment No. 1 will also add up to eight 
damaged fuel assemblies as authorized contents of the cask and reduce 
the cask spacing on the storage pad.

DATES: The final rule is effective October 30, 2007, unless significant 
adverse comments are received by September 17, 2007. 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 If the rule is withdrawn, timely notice will be published in 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-AI21) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available to the public in their entirety 
on the NRC rulemaking web site. Personal information, such as name, 
address, phone, e-mail address, etc., will not be removed from 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://rulemaking.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 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

[[Page 45881]]

CoC No. 1027, the revised Technical Specifications (TS), and the 
preliminary safety evaluation report (SER) for Amendment No. 1 can be 
found in a package under ADAMS Accession No. ML071170621.
    CoC No. 1027, the revised TS, the preliminary SER for Amendment No. 
1, and the environmental assessment 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 Federal 
and State Materials and Environmental Management Programs, 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 Federal 
and State Materials and Environmental Management Programs, 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, which added a new Subpart K 
within 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,'' which contains procedures and 
criteria for obtaining NRC approval of spent fuel storage cask designs. 
The NRC subsequently issued a final rule on April 28, 2000 (65 FR 
24855), that approved the TN-68 cask design and added it to the list of 
NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1027.

Discussion

    On January 14, 2005, and as supplemented on July 15 and November 
15, 2005; September 22 and December 8, 2006; and February 22, March 16, 
and March 23, 2007; the certificate holder, Transnuclear, Inc. (TN), 
submitted an application to the NRC that requested an amendment to CoC 
No. 1027. Specifically, TN requested revisions to several fuel 
parameters of the TN-68 cask design that included increasing fuel 
burnup to 60 gigawatts-day/metric ton of uranium (GWd/MTU), increasing 
total cask decay heat to 30 kilowatts (kW), increasing maximum average 
fuel enrichment to 4.7 weight percent uranium-235, and decreasing 
minimum fuel assembly cooling time to 7 years. The application also 
requested adding up to eight damaged fuel assemblies as authorized 
contents of the cask and reducing the cask spacing on the storage pad. 
No other changes to the TN-68 dry storage cask system were requested in 
this application. As documented in the SER, the NRC staff performed a 
detailed safety evaluation of the proposed CoC amendment request and 
found that an acceptable safety margin is maintained. In addition, the 
NRC staff 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 TN-68 dry storage cask system 
listing in 10 CFR 72.214 by adding Amendment No. 1 to CoC No. 1027. The 
amendment consists of the changes described above as set forth in the 
revised CoC and TS. The particular TS which are changed are identified 
in the SER.
    The amended TN-68 cask design, 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. Once this direct final rule becomes 
effective, persons who hold a general license under 10 CFR 72.210 may 
load spent nuclear fuel into TN-68 casks that meet the criteria of 
Amendment No. 1 to CoC No. 1027, in accordance with 10 CFR 72.212.

Discussion of Amendments by Section

Section 72.214 List of Approved Spent Fuel Storage Casks

    Certificate No. 1027 is revised by adding the initial certificate 
effective date of May 30, 2000, and the effective date of Amendment No. 
1.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 1 to 
CoC No. 1027 and does not include other aspects of the TN-68 dry 
storage 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 October 30, 2007. However, if the NRC receives significant 
adverse comments on this direct final rule by September 17, 2007, then 
the NRC will publish a document that withdraws this action and will 
subsequently address the comments received in a final rule as a 
response to the companion proposed rule published elsewhere in this 
issue of the Federal Register. Absent significant modifications to the 
proposed revisions requiring republication, 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, a substantive response is required when:
    (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 rule, 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

[[Page 45882]]

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 TN-68 cask 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 
contains 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, ``Plain Language in Government 
Writing,'' published June 10, 1998 (63 FR 31883), directed that the 
Government's documents be in clear and accessible 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 
NRC has prepared an environmental assessment and, on the basis of this 
environmental assessment, has made a finding of no significant impact. 
This rule will amend the CoC for the TN-68 cask design 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 revise several fuel parameters that include increasing 
fuel burnup to 60 GWd/MTU, increasing total cask decay heat to 30 kW, 
increasing maximum average fuel enrichment to 4.7 weight percent 
uranium-235, and decreasing minimum fuel assembly cooling time to 7 
years. The amendment will also add up to eight damaged fuel assemblies 
as authorized contents of the cask and reduce the cask spacing on the 
storage pad. The environmental assessment 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 environmental assessment and 
finding of no significant impact are available from Jayne M. 
McCausland, Office of Federal and State Materials and Environmental 
Management Programs, 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, 10 CFR Part 72.

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 28, 2000 (65 FR 24855), the NRC 
issued an amendment to Part 72 that approved the TN-68 cask design by 
adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On 
January 14, 2005, and as supplemented on July 15 and November 15, 2005; 
September 22 and December 8, 2006; and February 22, March 16, and March 
23, 2007; the certificate holder, TN, submitted an application to the 
NRC to amend CoC No. 1027 to revise several fuel parameters that 
included increasing fuel burnup to 60 GWd/MTU, increasing total cask 
decay heat to 30 kW, increasing maximum average fuel enrichment to 4.7 
weight percent uranium-235, and decreasing minimum fuel assembly 
cooling time to 7 years. The application also requested adding up to 
eight damaged fuel assemblies as authorized contents of the cask and 
reducing the cask spacing on the storage pad.
    The alternative to this action is to withhold approval of Amendment 
No. 1 and to require any part 72 general licensee, seeking to load 
spent fuel into TN-68 casks under Amendment No. 1, to request an 
exemption from the requirements of 10 CFR 72.212 and 72.214. Under this 
alternative, each interested Part 72 licensee would have to prepare, 
and the NRC would have to review, a separate exemption request, thereby 
increasing the administrative burden upon the NRC and the costs to each 
licensee.
    Approval of the direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the environmental 
assessment, 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 regulatory analysis, 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 nuclear power plant licensees and TN. These 
entities do not fall within the scope of the definition of ``small 
entities'' set forth in the Regulatory Flexibility Act or the size 
standards established by the NRC (10 CFR 2.810).

[[Page 45883]]

Backfit Analysis

    The NRC has determined that the backfit rule (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 in 10 CFR 
Chapter I. 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; the Nuclear Waste Policy Act of 1982, 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, 2244 (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 1027 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1027.
    Initial Certificate Effective Date: May 30, 2000.
    Amendment Number 1 Effective Date: October 30, 2007.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the TN-68 Dry Storage 
Cask.
    Docket Number: 72-1027.
    Certificate Expiration Date: May 28, 2020.
    Model Number: TN-68.
* * * * *

    Dated at Rockville, Maryland, this 31st day of July, 2007.

    For the Nuclear Regulatory Commission.

Martin J. Virgilio,
Acting Executive Director for Operations.
 [FR Doc. E7-16134 Filed 8-15-07; 8:45 am]
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