[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Proposed Rules]
[Pages 74209-74210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25414]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / 
Proposed Rules  

[[Page 74209]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI24


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 
5

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 HI-STORM 100 cask system listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Amendment No. 5 to 
Certificate of Compliance (CoC) Number 1014. Amendment No. 5 would 
include deletion of the requirement to perform thermal validation tests 
on thermal systems; an increase in the design basis maximum decay heat 
loads, namely, to 34 kilowatts (kW) for uniform loading and 36.9 kW for 
regionalized loading, and introduction of a new decay heat regionalized 
scheme; an increase in the maximum fuel assembly weight for boiling 
water reactor fuel in the Multi-Purpose Canister (MPC)-68 from 700 to 
730 pounds; an increase in the maximum fuel assembly weight of up to 
1,720 pounds for assemblies not requiring spacers, otherwise 1,680 
pounds; changes to the assembly characteristics of 16x16 pressurized 
water reactor fuel assemblies to be qualified for storage in the HI-
STORM 100 cask system; a change in the fuel storage locations in the 
MPC-32 for fuel with axial power shaping rod assemblies and in the fuel 
storage locations in the MPC-24, MPC-24E, and the MPC-32 for fuel with 
control rod assemblies, rod cluster control assemblies, and control 
element assemblies; elimination of the restriction that fuel debris can 
only be loaded into the MPC-24EF, MPC-32F, MPC-68F, and MPC-68FF 
canisters; introduction of a requirement that all MPC confinement 
boundary components and any MPC components exposed to spent fuel pool 
water or the ambient environment be made of stainless steel or, for MPC 
internals, neutron absorber or aluminum; the addition of a threshold 
heat load below which operation of the Supplemental Cooling System 
would not be required and modification of the design criteria to 
simplify the system; minor editorial changes to include clarification 
of the description of anchored casks, correction of typographical/
editorial errors, clarification of the definitions of loading 
operations, storage operations, transport operations, unloading 
operations, cask loading facility, and transfer cask in various 
locations throughout the CoC and Final Safety Analysis Report; and 
modification of the definition of non-fuel hardware to include the 
individual parts of the items defined as non-fuel hardware.

DATES: Comments on the proposed rule must be received on or before 
January 30, 2008.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AI24) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available for public inspection. Personal 
information, such as your name, address, telephone number, 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. 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. 5 can be found in a 
package under ADAMS Accession No. ML072540157.
    The proposed CoC No. 1014, the proposed TS, the preliminary SER for 
Amendment No. 5, 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. 5 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

[[Page 74210]]

concurrently as a direct final rule in the Rules and Regulations 
section of this Federal Register. Adequate protection of public health 
and safety continues to be ensured. The direct final rule will become 
effective on March 17, 2008. However, if the NRC receives significant 
adverse comments on the direct final rule by January 30, 2008, 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 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.
Amendment Number 5 Effective Date: March 17, 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 11th day of December, 2007.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
 [FR Doc. E7-25414 Filed 12-28-07; 8:45 am]
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