[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Rules and Regulations]
[Pages 26285-26288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12619]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI60
[NRC-2009-0132]


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 
6

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 regulations by revising the Holtec International HI-
STORM 100 dry cask storage system listing within the ``List of Approved 
Spent Fuel Storage Casks'' to include Amendment No. 6 to Certificate of 
Compliance (CoC) Number 1014. Amendment No. 6 will modify the CoC to 
add instrument tube tie rods used for pressurized water reactor 15x15 
and 17x17 fuel lattices, for both intact and damaged fuel assemblies, 
to the approved contents of the MPC-24, MPC-24E, MPC-24EF, MPC-32, and 
MPC-32F models; and to correct legacy editorial issues in Appendices A 
and B Technical Specifications.

DATES: The final rule is effective August 17, 2009, unless significant 
adverse comments are received by July 2, 2009. 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the rule is withdrawn, timely notice will be published in the Federal 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 can access publicly available documents related to this 
document using the following methods:
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2009-0132]. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
[email protected].
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Public 
File Area O-1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, 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 NRC's PDR 
Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to 
[email protected]. An electronic copy of the proposed Certificate of 
Compliance (CoC), technical specifications (TS), and preliminary safety 
evaluation report (SER) can be found under ADAMS Package Number 
ML090290140.
    CoC No. 1014, the TS, the preliminary SER, and the environmental 
assessment are available for inspection at the NRC PDR, Public File 
Area O-1F21, One White Flint North, 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 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 April 15, 2008, and as supplemented August 1, November 17, and 
November 26, 2008, the certificate holder, Holtec International 
(Holtec), submitted an application to the NRC that requested an 
amendment to CoC No. 1014. The amendment included changes to add 
instrument tube tie rods used for pressurized water reactor 15x15

[[Page 26286]]

and 17x17 fuel lattices, for both intact and damaged fuel assemblies, 
to the approved contents of the MPC-24, MPC-24E, MPC-24EF, MPC-32, and 
MPC-32F models; and to correct legacy editorial issues in Appendices A 
and B of the TS. 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. 6 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. When 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. 6 to CoC No. 1014 under 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. 6.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 6 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 August 17, 2009. However, if the NRC receives any 
significant adverse comments on this direct final rule by July 2, 2009, 
then the NRC will publish a document that withdraws this action and 
will subsequently address any comment 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 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 add instrument tube tie rods used for 
pressurized water reactor 15x15 and 17x17 fuel lattices, for both 
intact and damaged fuel assemblies, to the approved contents of the 
MPC-24 and MPC-32 models; and correct legacy editorial issues in the 
Appendices A and B TS.
    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, Public File Area O-1F21, One White Flint 
North, 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-

[[Page 26287]]

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 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 April 15, 2008, and as supplemented August 1, November 
17, and November 26, 2008, the certificate holder, Holtec, submitted an 
application to the NRC to amend CoC No. 1014 to add instrument tube tie 
rods used for pressurized water reactor 15x15 and 17x17 fuel lattices, 
for both intact and damaged fuel assemblies, to the approved contents 
of the MPC-24, MPC-24E, MPC-24EF, MPC-32, and MPC-32F models; and to 
correct legacy editorial issues in the Appendices A and B TS.
    The alternative to this action is to withhold approval of Amendment 
No. 6 and to require any Part 72 general licensee, seeking to load 
spent fuel into HI-STORM 100 casks under the changes described in 
Amendment No. 6, 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).

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, Hazardous waste, Nuclear 
materials, Occupational safety and health, 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, Public Law 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); 
Public Law 95-601, sec. 10, 92 Stat. 2951 as amended by Public Law 
102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, 
Public Law 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 
133, 135, 137, 141, Public Law 97-425, 96 Stat. 2229, 2230, 2232, 
2241, sec. 148, Public Law 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), Public Law 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), 
Public Law 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, Public Law 97-425, 96 Stat. 
2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 
145(g), Public Law 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), Public Law 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.
    Amendment Number 5 Effective Date: July 14, 2008.

[[Page 26288]]

    Amendment Number 6 Effective Date: August 17, 2009.
    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 7th day of May 2009.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9-12619 Filed 6-1-09; 8:45 am]
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