[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Rules and Regulations]
[Pages 60543-60546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21016]
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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: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending 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 will include 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 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: The final rule is effective January 8, 2008, unless significant
adverse comments are received by November 26, 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-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 am and 4:15 pm 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 CoC No. 1014, the
revised TS, and the preliminary safety evaluation report (SER) for
Amendment No. 4 can be found in a package under ADAMS Accession No.
ML072220481.
CoC No. 1014, the revised 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:
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
[[Page 60544]]
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
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 June 23, 2006, the certificate holder, Holtec submitted an
application to the NRC that requested an amendment to CoC No. 1014.
Specifically, Holtec requested changes to add site-specific options to
the CoC to permit use of a modified HI-STORM 100 cask system at the IP1
ISFSI. These options included the shortening of the HI-STORM 100S
Version B, MPC-32 and MPC-32F and the HI-TRAC 100D Canister to
accommodate site-specific restrictions. Additional changes addressed
the TS definition of transport operations and associated language in
the 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 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. No other changes to
the Holtec HI-STORM 100 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 HI-STORM 100 cask system listing
in 10 CFR 72.214 by adding Amendment No. 4 to CoC No. 1014. 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 HI-STORM 100 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. After this direct final rule
becomes effective, persons who hold a general license under 10 CFR
72.210 may load spent nuclear fuel into HI-STORM 100 casks that meet
the criteria of Amendment No. 4 to CoC No. 1014, in accordance with 10
CFR 72.212.
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 No. 4.
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 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 January 8, 2008. However, if the NRC receives significant
adverse comments on this direct final rule by November 26, 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 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 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
[[Page 60545]]
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 HI-STORM 100 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 include changes to add site-specific
options to the CoC to permit use of a modified HI-STORM 100 cask system
at the IP1 ISFSI. These options include the shortening of the HI-STORM
100S Version B, MPC-32 and MPC-32F, and the HI-TRAC 100D Canister to
accommodate site-specific restrictions. Additional changes address the
TS definition of transport operations and associated language in the
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 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. 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 (OMB), 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 May 1, 2000 (65 FR 25241), the NRC
issued an amendment to part 72 that approved the HI-STORM 100 cask
design by adding it to the list of NRC-approved cask designs in 10 CFR
72.214. On June 23, 2006, the certificate holder, Holtec, submitted an
application to the NRC to amend CoC No. 1014 to add site-specific
options to the CoC to permit use of a modified HI-STORM 100 cask system
at the IP1 ISFSI. These options included the shortening of the HI-STORM
100S Version B, MPC-32 and MPC-32F, and the HI-TRAC 100D Canister to
accommodate site-specific restrictions. Additional changes addressed
the TS definition of transport operations and associated language in
the 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 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.
The alternative to this action is to withhold approval of Amendment
No. 4 and to require any part 72 general licensee, seeking to load
spent fuel into HI-STORM 100 casks under Amendment No. 4, 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 Holtec. 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 60546]]
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 and
OMB.
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 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. E7-21016 Filed 10-24-07; 8:45 am]
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