[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Rules and Regulations]
[Pages 2243-2246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-642]



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  Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / 
Rules and Regulations  

[[Page 2243]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2011-0002]
RIN 3150-AI89


List of Approved Spent Fuel Storage Casks: NUHOMS [supreg] HD 
System Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC or the Commission) is 
amending its spent fuel storage regulations by revising the 
Transnuclear, Inc. (TN) NUHOMS [supreg] HD System listing within the 
``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 
1 to Certificate of Compliance (CoC) Number 1030. Amendment No. 1 will 
revise the definitions for Damaged Fuel Assembly and Transfer 
Operations; add definitions for Fuel Class and Reconstituted Fuel 
Assembly; add Combustion Engineering 16x16 class fuel assemblies as 
authorized contents; reduce the minimum off-normal ambient temperature 
from -20 [deg]F to -21 [deg]F; expand the authorized contents of the 
NUHOMS [supreg] HD System to include pressurized water reactor fuel 
assemblies with control components; reduce the minimum initial 
enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 
0.2 weight percent uranium-235; clarify the requirements of 
reconstituted fuel assemblies; add requirements to qualify metal matrix 
composite neutron absorbers with integral aluminum cladding; clarify 
the requirements for neutron absorber tests; delete use of nitrogen for 
draining the water from the dry shielded canister (DSC), and allow only 
helium as a cover gas during DSC cavity water removal operations; and 
make corresponding changes to the technical specifications (TS).

DATES: The final rule is effective March 29, 2011, unless significant 
adverse comments are received by February 14, 2011. 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 If the rule is withdrawn, timely notice will be published in 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-2011-0002]. 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, 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 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected]. An electronic copy of the proposed CoC, Technical 
Specifications (TS), and preliminary safety evaluation report (SER) can 
be found under ADAMS Package Accession Number ML102500570. The ADAMS 
Accession Number for the Transnuclear, Inc application, dated November 
1, 2007, is ML073110525.
    CoC No. 1030, the TS, the preliminary SER, and the environmental 
assessment are available for inspection at the NRC's PDR, Room O-1F21, 
One White Flint North, 11555 Rockville Pike, Rockville, MD. Single 
copies of these documents may be obtained from Gregory Trussell, Office 
of Federal and State Materials and Environmental Management Programs, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone 301-415-6445, e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
6445, e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the Secretary [of the Department of Energy] 
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 ``the 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 Title 10 of the Code of Federal Regulations 
(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 December 11, 2006 (71 FR 71463), that approved 
the NUHOMS [supreg] HD System cask design and added it to the list of 
NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1030.

[[Page 2244]]

Discussion

    On November 1, 2007, and as supplemented on December 15, 2008, 
February 19, April 30, May 26, June 10, September 17, 2009, June 17 
(proprietary information not publicly available), July 9, July 26, and 
August 24, 2010, TN, the holder of CoC No. 1030, submitted an 
application to the NRC that requested an amendment to CoC No. 1030. 
Specifically, TN requested changes to revise definitions for Damaged 
Fuel Assembly and Transfer Operations; add definitions for Fuel Class 
and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class 
fuel assemblies as authorized contents; reduce the minimum off-normal 
ambient temperature from -20 [deg]F to -21 [deg]F; expand the 
authorized contents of the NUHOMS [supreg] HD System to include 
pressurized water reactor fuel assemblies with control components; 
reduce the minimum initial enrichment of fuel assemblies from 1.5 
weight percent uranium-235 to 0.2 weight percent uranium-235; clarify 
the requirements of reconstituted fuel assemblies; add requirements to 
qualify metal matrix composite neutron absorbers with integral aluminum 
cladding; clarify the requirements for neutron absorber tests; and 
delete use of nitrogen for draining the water from the DSC, and allow 
only helium as a cover gas during DSC cavity water removal operations; 
and make corresponding changes to TS 1.1, 2.1, 2.2.3, 3.1, 3.2, 4.3.1, 
4.6.3(5), 5.2.5, 5.3.2, and 5.6. Tables 1 and 5 will be deleted and 
replaced with TS 2.1, and Tables 2, 3, 4, and 7 will be revised to 
incorporate TS changes.
    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 will be adequately protected.
    This direct final rule revises the NUHOMS [supreg] HD System 
listing in 10 CFR 72.214 by adding Amendment No. 1 to CoC No. 1030. The 
amendment consists of the changes described above, as set forth in the 
revised CoC and TS. The revised TS are identified in the SER.
    The amended NUHOMS [supreg] HD 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 NUHOMS [supreg] HD System casks 
that meet the criteria of Amendment No. 1 to CoC No. 1030 under 10 CFR 
72.212.

Discussion of Amendments by Section

    Sec.  72.214 List of approved spent fuel storage casks.
    Certificate No. 1030 is revised by adding the effective date of 
Amendment Number 1.

Procedural Background

    On May 6 and 7, 2010, respectively, a direct final rule (75 FR 
24786) and companion proposed rule (75 FR 25120) were published in the 
Federal Register to revise the cask system listing for the TN NUHOMS 
[supreg] HD System by adding Amendment No. 1 to the list of approved 
spent fuel storage casks in 10 CFR 72.214. After the rules were 
published, the applicant identified that a certain TS for Boral 
characterization (TS 4.3.1, ``Neutron Absorber Tests'') was not written 
precisely and in a manner that could be readily and demonstrably 
implemented.
    On July 16, 2010, the NRC withdrew the direct final rule (75 FR 
41369) and the companion proposed rule (75 FR 41404). The applicant 
submitted revised language for TS 4.3.1 (and Final Safety Analysis 
Report (FSAR) sections incorporated into the TS by reference) on July 
26 and August 24, 2010, which NRC staff reviewed and found to be 
acceptable. This direct final rule includes the original Amendment No. 
1 changes and the revised TS 4.3.1 and FSAR sections incorporated into 
the TS by reference.
    This rule is limited to the changes contained in Amendment No. 1 to 
CoC No. 1030 and does not include other aspects of the NUHOMS [supreg] 
HD 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 March 29, 2011. However, 
if the NRC receives significant adverse comments on this direct final 
rule by February 14, 2011, 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.
    For detailed instructions on filling comments, please 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 NUHOMS [supreg] HD System cask design listed in Sec.  72.214 (List 
of approved spent fuel storage casks). 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

[[Page 2245]]

by the Atomic Energy Act of 1954, as amended, or the provisions of 10 
CFR. 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 NUHOMS [supreg] HD 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. The amendment will revise the definitions for Damaged 
Fuel Assembly and Transfer Operations; add definitions for Fuel Class 
and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class 
fuel assemblies as authorized contents; reduce the minimum off-normal 
ambient temperature from -20 [deg]F to -21 [deg]F; expand the 
authorized contents of the NUHOMS [supreg] HD System to include 
pressurized water reactor fuel assemblies with control components; 
reduce the minimum initial enrichment of fuel assemblies from 1.5 
weight percent uranium-235 to 0.2 weight percent uranium-235; clarify 
the requirements of reconstituted fuel assemblies; add requirements to 
qualify metal matrix composite neutron absorbers with integral aluminum 
cladding; clarify the requirements for neutron absorber tests; delete 
use of nitrogen for draining the water from the DSC, and allow only 
helium as a cover gas during DSC cavity water removal operation; and 
make corresponding changes to the TS that are revised to include TS 
1.1, 2.1, 2.2.3, 3.1, 3.2, 4.3.1, 4.6.3(5), 5.2.5, 5.3.2, and 5.6. 
Tables 1 and 5 are deleted and replaced with TS 2.1, and Tables 2, 3, 
4, and 7 are revised to incorporate TS changes.
    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, Maryland. Single copies of the environmental 
assessment and finding of no significant impact are available from 
Gregory Trussell, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-6445, e-mail: 
[email protected].

Paperwork Reduction Act Statement

    This rule does not contain any information collection requirements 
and, therefore, is not 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 (OMB), 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 December 11, 2006 (71 FR 
71463), the NRC issued an amendment to Part 72 that approved the NUHOMS 
[supreg] HD System cask design by adding it to the list of NRC-approved 
cask designs in 10 CFR 72.214. On November 1, 2007, as supplemented on 
December 15, 2008, February 19, April 30, May 26, June 10, September 
17, 2009, June 17 (proprietary information not publicly available), 
July 9, July 26, and August 24, 2010, the certificate holder (TN) 
submitted an application to the NRC to amend CoC No. 1030 to revise the 
definitions for Damaged Fuel Assembly and Transfer Operations; add 
definitions for Fuel Class and Reconstituted Fuel Assembly; add 
Combustion Engineering 16x16 class fuel assemblies as authorized 
contents; reduce the minimum off-normal ambient temperature from -20 
[deg]F to -21 [deg]F; expand the authorized contents of the NUHOMS 
[supreg] HD System to include pressurized water reactor fuel assemblies 
with control components; reduce the minimum initial enrichment of fuel 
assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent 
uranium-235; clarify the requirements of reconstituted fuel assemblies; 
add requirements to qualify metal matrix composite neutron absorbers 
with integral aluminum cladding; clarify the requirements for neutron 
absorber tests; delete use of nitrogen for draining the water from the 
DSC, and allow only helium as a cover gas during DSC cavity water 
removal operations; and make corresponding changes to TS 1.1, 2.1, 
2.2.3, 3.1, 3.2, 4.3.1, 4.6.3(5), 5.2.5, 5.3.2, and 5.6. Tables 1 and 5 
are deleted and replaced with TS 2.1, and Tables 2, 3, 4, and 7 are 
revised to incorporate TS changes.
    The alternative to this action is to withhold approval of Amendment 
No. 1 and to require any Part 72 general licensee, seeking to load 
spent nuclear fuel into NUHOMS [supreg] HD System casks under the 
changes described in Amendment No. 1, 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.

[[Page 2246]]

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 TN. 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 1. 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, 
OMB.

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.
    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 1030 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1030.
    Initial Certificate Effective Date: January 10, 2007.
    Amendment Number 1 Effective Date: March 29, 2011.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the NUHOMS [supreg] HD 
Horizontal Modular Storage System for Irradiated Nuclear Fuel.
    Docket Number: 72-1030.
    Certificate Expiration Date: January 10, 2027.
    Model Number: NUHOMS [supreg] HD-32PTH.
* * * * *

    Dated at Rockville, Maryland, this 13th day of December 2010.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2011-642 Filed 1-12-11; 8:45 am]
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