[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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