[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Proposed Rules]
[Pages 60589-60591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21015]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AI23
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision
4
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its spent fuel storage cask regulations by revising the Holtec
International (Holtec) HI-STORM 100 cask system listing within the
``List of Approved Spent Fuel Storage Casks'' to include Amendment No.
4 to Certificate of Compliance (CoC) Number 1014. Amendment No. 4 would
modify the CoC by including changes to add site-specific options to the
CoC to permit use of a modified HI-STORM 100 cask system at the Indian
Point Unit 1 (IP1) Independent Spent Fuel Storage Installation (ISFSI).
These options include the shortening of the HI-STORM 100S Version B,
Multi-Purpose Canister (MPC)-32 and MPC-32F and the HI-TRAC 100D
Canister to accommodate site-specific restrictions. Additional changes
address the Technical Specification (TS) definition of transport
operations and associated language in the safety analysis report (SAR);
the soluble boron requirements for Array/Class 14x14E IP1 fuel; the
helium gas backfill requirements for Array/Class 14x14E IP1 fuel; the
addition of a fifth damaged fuel container design under the TS
definition for damaged fuel container; addition of separate burnup,
cooling time, and decay heat limits for Array/Class 14x14 IP1 fuel for
loading in an MPC-32 and MPC-32F; addition of antimony-beryllium
secondary sources as approved contents; the loading of all IP1 fuel
assemblies in damaged fuel containers; the preclusion of loading of IP1
fuel debris in the MPC-32 or MPC-32F; the reduction of the maximum
enrichment for Array/Class 14x14E IP1
[[Page 60590]]
fuel from 5.0 to 4.5 weight percent uranium-235; changes to licensing
drawings to differentiate the IP1 MPC-32 and MPC-32F from the
previously approved MPC-32 and MPC-32F; and other editorial changes,
including replacing all references to U.S. Tool and Die with Holtec
Manufacturing Division.
DATES: Comments on the proposed rule must be received on or before
November 26, 2007.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number (RIN 3150-AI23) 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. 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.
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 CoC No.
1014, the proposed Technical Specifications (TS), and the preliminary
safety evaluation report (SER) for Amendment No. 4 can be found in a
package under ADAMS Accession No. ML072220481.
The proposed CoC No. 1014, the proposed TS, the preliminary SER for
Amendment No. 4, 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: For additional supplementary information,
see the direct final rule published in the Rules and Regulations
section of this Federal Register.
Procedural Background
This rule is limited to the changes contained in Amendment No. 4 to
CoC No. 1014 and does not include other aspects of the HI-STORM 100
design. Because NRC considers this action noncontroversial and routine,
the NRC is publishing this proposed rule concurrently as a direct final
rule elsewhere in this issue of the Federal Register. Adequate
protection of public health and safety continues to be ensured. The
direct final rule will become effective on January 8, 2008. However, if
the NRC receives significant adverse comments on the direct final rule
by November 26, 2007, then the NRC will publish a document that
withdraws the direct final rule. If the direct final rule is withdrawn,
the NRC will address the comments received in response to the proposed
revisions in a subsequent final rule. Absent significant modifications
to the proposed revisions requiring republication, the NRC will not
initiate a second comment period on this action in the event the direct
final rule is withdrawn.
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.
For additional procedural information and the regulatory analysis,
see the direct final rule published in the Rules and Regulations
section of this Federal Register.
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.
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. 553; the NRC is proposing to adopt 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
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
[[Page 60591]]
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).
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: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
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.
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 10th day of October, 2007.
For the Nuclear Regulatory Commission.
William F. Kane,
Acting Executive Director for Operations.
[FR Doc. E7-21015 Filed 10-24-07; 8:45 am]
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