[Federal Register Volume 75, Number 139 (Wednesday, July 21, 2010)]
[Rules and Regulations]
[Pages 42292-42295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17848]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI88
[NRC-2010-0183]


List of Approved Spent Fuel Storage Casks: NAC-MPC System, 
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 NAC International Inc. 
(NAC) NAC-MPC System listing within the ``List of Approved Spent Fuel 
Storage Casks'' to include Amendment No. 6 to Certificate of Compliance 
(CoC) Number 1025. Amendment No. 6 to the NAC-MPC System CoC will 
include the following changes to the configuration of the NAC-MPC 
storage system as noted in Appendix B of the Technical Specifications 
(TS): Incorporation of a single closure lid with a welded closure ring 
for redundant closure into the Transportable Storage Canister (TSC) 
design; modification of the TSC and basket design to accommodate up to 
68 La Crosse Boiling Water Reactor (LACBWR) spent fuel assemblies (36 
undamaged Exxon fuel assemblies and up to 32 damaged fuel cans (in a 
preferential loading pattern)) that may contain undamaged Exxon fuel 
assemblies and damaged Exxon and Allis Chalmers fuel assemblies and/or 
fuel debris; the addition of zirconium alloy shroud compaction debris 
to be stored with undamaged and damaged fuel assemblies; minor design 
modifications to the Vertical Concrete Cask (VCC) incorporating design 
features from the MAGNASTOR system for improved operability of the 
system while adhering to as low as is reasonably achievable (ALARA) 
principles; an increase in the concrete pad compression strength from 
4,000 psi to 6,000 psi; added justification for the 6-ft soil depth as 
being conservative; and other changes to incorporate minor editorial 
corrections in CoC No. 1025 and Appendices A and B of the TS. Also, the 
Definitions in TS 1.1 will be revised to include modifications and 
newly defined terms; the Limiting Conditions for Operation and 
associated Surveillance Requirements in TS 3.1 and 3.2 will be revised; 
and editorial changes will be made to TS 5.2 and 5.4.

DATES: The final rule is effective October 4, 2010, unless significant 
adverse comments are received by August 20, 2010. 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-2010-0183. Address 
questions about NRC dockets to Carol Gallagher at 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, Room 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 1-899-397-4209, 301-415-4737, or by e-mail to 
[email protected]. An electronic

[[Page 42293]]

copy of the proposed CoC, TS, and preliminary safety evaluation report 
(SER) can be found under ADAMS Package Number ML100890517. The ADAMS 
Accession Number for the NAC application, dated January 16, 2009, is 
ML090270151.
    CoC No. 1025, the TS, the preliminary SER, and the environmental 
assessment are available for inspection at the NRC PDR, Room 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 March 9, 2000 (65 FR 
12444), that approved the NAC-MPC cask design and added it to the list 
of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1025.

Discussion

    On January 16, 2009, and as supplemented on February 11, April 1, 
April 30, September 22, 2009, and January 8, 2010, the certificate 
holder (NAC) submitted an application to the NRC that requested an 
amendment to CoC No. 1025. NAC requested modifications to the cask 
design that included the following changes to the configuration of the 
NAC-MPC storage system as noted in Appendix B of the TS: (1) 
Incorporation of a single closure lid with a welded closure ring for 
redundant closure into the TSC design; (2) modification of the TSC and 
basket design to accommodate up to 68 LACBWR spent fuel assemblies (36 
undamaged Exxon fuel assemblies and up to 32 damaged fuel cans (in a 
preferential loading pattern)) that may contain undamaged Exxon fuel 
assemblies and damaged Exxon and Allis Chalmers fuel assemblies and/or 
fuel debris; (3) the addition of zirconium alloy shroud compaction 
debris to be stored with undamaged and damaged fuel assemblies; (4) 
minor design modifications to the VCC incorporating design features 
from the MAGNASTOR system for improved operability of the system while 
adhering to ALARA principles; (5) an increase in the concrete pad 
compression strength from 4,000 psi to 6,000 psi; (6) added 
justification for the 6-ft soil depth as being conservative; and (7) 
other changes to incorporate minor editorial corrections in CoC No. 
1025 and Appendices A and B of the TS. Also, the Definitions in TS 1.1 
will be revised to include modifications and newly defined terms; the 
Limiting Conditions for Operation and associated Surveillance 
Requirements in TS 3.1 and 3.2 will be revised; and editorial changes 
will be made to TS 5.2 and 5.4.
    As documented in the final 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-MPC System listing in 10 CFR 
72.214 by adding Amendment No. 6 to CoC No. 1025. 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-MPC System 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 NAC-MPC System casks that meet 
the criteria of Amendment No. 6 to CoC No. 1025 under 10 CFR 72.212.

Discussion of Amendments by Section

Section 72.214 List of Approved Spent Fuel Storage Casks

    Certificate No. 1025 is revised by adding the effective date of 
Amendment Number 6.

Procedural Background

    This rule is limited to the changes contained in Amendment 6 to CoC 
No. 1025 and does not include other aspects of the NAC-MPC 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 and the environment continues to 
be ensured. The amendment to the rule will become effective on October 
4, 2010. However, if the NRC receives significant adverse comments on 
this direct final rule by August 20, 2010, 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;

[[Page 42294]]

    (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 detailed instructions on filing comments, see the companion 
proposed rule published elsewhere in this issue of the Federal 
Register.

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-MPC System 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 NAC-MPC System 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. Amendment No. 6 to the NAC-MPC System CoC will include the 
following changes to the configuration of the NAC-MPC storage system as 
noted in Appendix B of the TS: (1) Incorporation of a single closure 
lid with a welded closure ring for redundant closure into the TSC 
design; (2) modification of the TSC and basket design to accommodate up 
to 68 LACBWR spent fuel assemblies (36 undamaged Exxon fuel assemblies 
and up to 32 damaged fuel cans (in a preferential loading pattern)) 
that may contain undamaged Exxon fuel assemblies and damaged Exxon and 
Allis Chalmers fuel assemblies and/or fuel debris; (3) the addition of 
zirconium alloy shroud compaction debris to be stored with undamaged 
and damaged fuel assemblies; (4) minor design modifications to the VCC 
incorporating design features from the MAGNASTOR system for improved 
operability of the system while adhering to ALARA principles; (5) an 
increase in the concrete pad compression strength from 4,000 psi to 
6,000 psi; (6) added justification for the 6-ft soil depth as being 
conservative; and (7) other changes to incorporate minor editorial 
corrections in CoC No. 1025 and Appendices A and B of the TS. Also, the 
Definitions in TS 1.1 will be revised to include modifications and 
newly defined terms; the Limiting Conditions for Operation and 
associated Surveillance Requirements in TS 3.1 and 3.2 will be revised; 
and editorial changes will be made to TS 5.2 and 5.4.
    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, Room 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) 415-6219, 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 March 9, 2000 (65 FR 12444), 
the NRC issued an amendment to part 72 that approved the NAC-MPC System 
cask design by adding it to the list of NRC-approved cask designs in 10 
CFR 72.214. On January 16, 2009, and as supplemented on February 11, 
April 1, April 30, September 22, 2009, and January 8, 2010, the 
certificate holder (NAC) submitted an application to the NRC that 
requested an amendment to CoC No. 1025. Specifically, the amendment 
will include the following changes to the configuration of the NAC-MPC 
storage system as noted in Appendix B of the TS: (1) Incorporation of a 
single closure lid with a welded closure ring for redundant closure 
into

[[Page 42295]]

the TSC design; (2) modification of the TSC and basket design to 
accommodate up to 68 LACBWR spent fuel assemblies (36 undamaged Exxon 
fuel assemblies and up to 32 damaged fuel cans (in a preferential 
loading pattern)) that may contain undamaged Exxon fuel assemblies and 
damaged Exxon and Allis Chalmers fuel assemblies and/or fuel debris; 
(3) the addition of zirconium alloy shroud compaction debris to be 
stored with undamaged and damaged fuel assemblies; (4) minor design 
modifications to the VCC incorporating design features from the 
MAGNASTOR system for improved operability of the system while adhering 
to ALARA principles; (5) an increase in the concrete pad compression 
strength from 4000 psi to 6000 psi; (6) added justification for the 6-
ft soil depth as being conservative; and (7) other changes to 
incorporate minor editorial corrections in CoC No. 1025 and Appendices 
A and B of the TS. Also, the Definitions in TS 1.1 will be revised to 
include modifications and newly defined terms; the Limiting Conditions 
for Operation and associated Surveillance Requirements in TS 3.1 and 
3.2 will be revised; and editorial changes will be made to TS 5.2 and 
5.4.
    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 nuclear fuel into NAC-MPC System 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 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, Hazardous Waste, Nuclear 
materials, Occupational safety and health, Radiation protection, 
Reporting and recordkeeping requirements, Security measures, Spent 
nuclear fuel, Whistle blowing.


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 1025 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1025.
    Initial Certificate Effective Date: April 10, 2000.
    Amendment Number 1 Effective Date: November 13, 2001.
    Amendment Number 2 Effective Date: May 29, 2002.
    Amendment Number 3 Effective Date: October 1, 2003.
    Amendment Number 4 Effective Date: October 27, 2004.
    Amendment Number 5 Effective Date: July 24, 2007.
    Amendment Number 6 Effective Date: October 4, 2010.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose 
Canister System (NAC-MPC System).
    Docket Number: 72-1025.
    Certificate Expiration Date: April 10, 2020.
    Model Number: NAC-MPC.
* * * * *

    Dated at Rockville, Maryland, this 6th day of July, 2010.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-17848 Filed 7-20-10; 8:45 am]
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