[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Rules and Regulations]
[Pages 63621-63624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25540]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2008-0438]
RIN 3150-AI48
List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 5
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage cask regulations by revising the NAC International,
Inc., NAC-UMS Universal Storage System listing within the ``List of
Approved Spent Fuel Storage Casks'' to include Amendment No. 5 to
Certificate of Compliance (CoC) Number 1015. Amendment No. 5 will
modify the CoC to incorporate certain high burnup pressurized water
reactor (PWR) fuel as approved contents and to reflect those changes in
the associated Technical Specifications (TS). In addition, the
amendment to the CoC will include several other changes to the TS and
the Final Safety Analysis Report (FSAR) to enhance the loading and
storage operation of the NAC-UMS Universal Storage System.
DATES: The final rule is effective January 12, 2009, unless significant
adverse comments are received by November 26, 2008. 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 If the rule is withdrawn, timely notice will be published in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: Please include the following number RIN 3150-AI48 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. You may submit comments by any one of
the following methods:
E-mail comments to: Federal eRulemaking Portal http://www.regulations.gov; search docket ID: [NRC-2008-0438].
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 301-415-1677.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays (telephone 301-
415-1677).
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), O1 F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor
will copy documents for a fee.
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/reading-rm/adams.html. From this
site, the public can gain entry into 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 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.
1015, the revised TS, and the preliminary safety evaluation report
(SER) for Amendment 5 can be found under ADAMS Package Number
ML081620083.
CoC No. 1015, the revised 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:
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
[[Page 63622]]
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 October 19, 2000 (65 FR
62581), that approved the NAC-UMS Universal Storage System cask design
and added it to the list of NRC-approved cask designs in 10 CFR 72.214
as CoC No. 1015.
Discussion
On September 22, 2006, and as supplemented on May 8, September 6,
September 10, September 26, and November 30, 2007, and April 23 and May
8, 2008, the certificate holder, NAC International, Inc. (NAC),
submitted an application to the NRC that requested an amendment to CoC
No. 1015. Specifically, NAC requested modifications to the CoC to
incorporate certain high burnup PWR fuel as approved contents and to
reflect those changes in the associated TS. In addition, as set forth
in the SER, NAC requested several other changes to the TS and the FSAR
to enhance the loading and storage operation of the NAC-UMS dry storage
cask system. 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 NAC-UMS Universal Storage System
listing in 10 CFR 72.214 by adding Amendment No. 5 to CoC No. 1015. 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 NAC-UMS Universal Storage 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. Once this direct final rule
becomes effective, entities holding a general license under 10 CFR
72.210 may load spent nuclear fuel into NAC-UMS casks that meet the
criteria of Amendment No. 5 to CoC No. 1015, in accordance with 10 CFR
72.212.
Discussion of Amendments by Section
Section 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1015 is revised by adding the effective date of
Amendment Number 5.
Procedural Background
This rule is limited to the changes contained in Amendment 5 to CoC
No. 1015 and does not include other aspects of the NAC-UMS 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 12, 2009.
However, if the NRC receives significant adverse comments on this
direct final rule by November 26, 2008, 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 NAC-UMS 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
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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 NAC-UMS 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 modify the CoC to incorporate certain high burnup
PWR fuel as approved contents and to reflect those changes in the
associated TS. In addition, the proposed amendment to the CoC would
include several other changes to the TS and the FSAR to enhance the
loading and storage operation of the NAC-UMS system. 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.
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, the 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 October 19, 2000 (65 FR
62581), the NRC issued an amendment to Part 72 that approved the NAC-
UMS Universal Storage System cask design by adding it to the list of
NRC-approved cask designs in 10 CFR 72.214. On September 22, 2006, and
as supplemented on May 8, September 6, September 10, September 26, and
November 30, 2007, and April 23 and May 8, 2008, the certificate
holder, NAC, submitted an application to the NRC to amend CoC No. 1015
to incorporate certain high burnup PWR fuel as approved contents and to
reflect those changes in the associated TS. In addition, NAC requested
several other changes to the TS and the FSAR to enhance the loading and
storage operation of the NAC-UMS Universal Storage System.
The alternative to this action is to withhold approval of Amendment
No. 5 and to require any Part 72 general licensee, seeking to load fuel
into NAC-UMS casks under Amendment No. 5, 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 NAC. 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).
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
[[Page 63624]]
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 1015 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1015.
Initial Certificate Effective Date: November 20, 2000.
Amendment Number 1 Effective Date: February 20, 2001.
Amendment Number 2 Effective Date: December 31, 2001.
Amendment Number 3 Effective Date: March 31, 2004.
Amendment Number 4 Effective Date: October 11, 2005.
Amendment Number 5 Effective Date: January 12, 2009.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC-UMS Universal
Storage System.
Docket Number: 72-1015.
Certificate Expiration Date: November 20, 2020.
Model Number: NAC-UMS.
* * * * *
Dated at Rockville, Maryland, this 7th day of October 2008.
For the Nuclear Regulatory Commission.
R. W. Borchardt,
Executive Director for Operations.
[FR Doc. E8-25540 Filed 10-24-08; 8:45 am]
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