[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37927-37930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15127]



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  Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules 
and Regulations  

[[Page 37927]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AJ22
[NRC-2012-0308]


List of Approved Spent Fuel Storage Casks: MAGNASTOR[supreg] 
System

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the NAC International, Inc. 
(NAC) Modular Advanced Generation Nuclear All-purpose Storage 
(MAGNASTOR[supreg]) Cask System listing within the ``List of Approved 
Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of 
Compliance (CoC) No. 1031. Amendment No. 3 revises authorized contents 
to include: pressurized water reactor (PWR) damaged fuel contained in 
damaged fuel cans that are placed in a damaged fuel basket assembly; 
PWR fuel assemblies with nonfuel hardware per the expanded definition 
in the Amendment No. 3 application; and PWR fuel assemblies with up to 
five activated stainless steel fuel replacement rods at a maximum 
burnup/exposure of 32.5 gigawatt days per metric ton of uranium (GWd/
MTU). Additionally, Amendment No. 3 revises paragraph 4.3.1(i) in 
Appendix A of the CoC Technical Specifications (TS) to clarify that the 
maximum design basis earthquake accelerations of 0.37g in the 
horizontal direction (without cask sliding) and 0.25g in the vertical 
direction at the independent spent fuel storage installation (ISFSI) 
pad top surface do not result in cask tip-over. Amendment No. 3 also 
makes additional changes to Appendix A, Technical Specifications and 
Design Features for the MAGNASTOR[supreg] System, and Appendix B, 
Approved Contents for the MAGNASTOR[supreg] System, of the CoC.

DATES: The final rule is effective July 25, 2013.

ADDRESSES: Please refer to Docket ID NRC-2012-0308 when contacting the 
NRC about the availability of information for this final rule. You may 
access information and comment submittals related to this final 
rulemaking, which the NRC possesses and is publicly available by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0308. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this final rule.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. An electronic copy of the 
CoC, including Appendices A and B of the CoC, and the safety evaluation 
report (SER) can be found in ADAMS under Package Accession No. 
ML13120A254. The ADAMS Accession No. for the MAGNASTOR[supreg] Cask 
System Amendment No. 3 application dated August 26, 2010, is 
ML102420569.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6103, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Changes
III. Analysis of Public Comments
IV. Voluntary Consensus Standards
V. Agreement State Compatibility
VI. Plain Writing
VII. Finding of No Significant Environmental Impact: Availability
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act

I. 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 219(a) [sic: 218(a)] for use at the site of 
any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule in part 72 of Title 10 of the Code of Federal 
Regulations (10 CFR), 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 November 21, 2008 (73 FR 70587), that approved 
the MAGNASTOR[supreg] Cask System design and added it to the list of 
NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1031.
    This rule is limited to the changes contained in Amendment No. 3 to 
CoC No. 1031 and does not include other

[[Page 37928]]

aspects of the MAGNASTOR[supreg] Cask System design.
    The NRC published in the Federal Register on March 18, 2013 (78 FR 
16601), a direct final rule on this amendment. The NRC also 
concurrently published a companion proposed rule on March 18, 2013 (78 
FR 16619). The NRC received a significant adverse comment on the 
proposed rule; therefore, the NRC withdrew the direct final rule on May 
29, 2013 (78 FR 32077), and is proceeding, in this document, to address 
the comment on the companion proposed rule (see Section III, Analysis 
of Public Comments, of this document).

II. Discussion of Changes

    On August 26, 2010, NAC submitted a request to the NRC to amend CoC 
No. 1031. NAC supplemented its request on the following dates: February 
4, 2011 (ADAMS Accession No. ML11138A224), February 16, 2011 (ADAMS 
Accession No. ML110480498), August 15, 2011 (ADAMS Accession No. 
ML11229A701), October 3, 2011 (ADAMS Accession No. ML11287A020), March 
21, 2012 (ADAMS Accession No. ML120820463), March 30, 2012 (ADAMS 
Accession No. ML12094A056), April 6, 2012 (ADAMS Accession No. 
ML12104A025), and April 22, 2013 (ADAMS Accession No. ML13114A137). The 
amendment revises authorized contents to include: (1) PWR damaged fuel 
contained in damaged fuel cans that are placed in a damaged fuel basket 
assembly; (2) PWR fuel assemblies with nonfuel hardware per the 
expanded definition in the Amendment No. 3 application; and (3) PWR 
fuel assemblies with up to five activated stainless steel fuel 
replacement rods at a maximum burnup/exposure of 32.5 GWd/MTU.
    This amendment also revises paragraph 4.3.1(i) in Appendix A of the 
CoC TSs to clarify that the maximum design basis earthquake 
accelerations of 0.37g in the horizontal direction (without cask 
sliding) and 0.25g in the vertical direction at the ISFSI pad top 
surface do not result in cask tip-over. Furthermore, this amendment 
makes additional changes to Appendix A (ADAMS Accession No. 
ML13150A388) and Appendix B (ADAMS Accession No. ML13120A264) of the 
CoC. The changes to the aforementioned documents are identified with 
revision bars in the margin of each document.
    As documented in the SER (ADAMS Accession No. ML13120A262), the NRC 
staff performed a detailed safety evaluation of the proposed CoC 
amendment request. There are no significant changes to cask design 
requirements in the CoC amendment. Considering the specific design 
requirements for each accident condition, the design of the cask would 
prevent loss of containment, shielding, and criticality control. If 
there is no loss of containment, shielding, or criticality control, the 
environmental impacts would be insignificant. This amendment does not 
reflect a significant change in design or fabrication of the cask. In 
addition, any resulting occupational exposure or offsite dose rates 
from the implementation of Amendment No. 3 would remain well within the 
10 CFR part 20 limits. Thus, the CoC changes will not result in any 
radiological or non-radiological environmental impacts that 
significantly differ from the environmental impacts evaluated in the 
environmental assessment supporting the November 21, 2008, final rule. 
There will be no significant change in the types or significant 
revisions in the amounts of any effluent released, no significant 
increase in the individual or cumulative radiation exposure, and no 
significant increase in the potential for or consequences from 
radiological accidents.
    This final rule revises the MAGNASTOR[supreg] Cask System listing 
in 10 CFR 72.214 by adding Amendment No. 3 to CoC No. 1031. The 
amendment consists of the changes previously described, as set forth in 
the revised CoC and TSs. The revised TSs are identified in the SER.
    The amended MAGNASTOR[supreg] Cask System design, when used under 
the conditions specified in the CoC, the TSs, and the NRC's 
regulations, will meet the requirements of 10 CFR part 72; thus, 
adequate protection of public health and safety will continue to be 
ensured. When this final rule becomes effective, persons who hold a 
general license under 10 CFR 72.210 may load spent nuclear fuel into 
MAGNASTOR[supreg] Cask Systems that meet the criteria of Amendment No. 
3 to CoC No. 1031 under 10 CFR 72.212.

III. Analysis of Public Comments

    The NRC received one comment on the companion proposed rule to the 
direct final rule published on March 18, 2013. The comment was 
submitted by NAC on April 17, 2013 (ADAMS Accession No. ML13114A137). 
The public comment and the NRC's response is provided in the following 
paragraphs.
    Comment. NAC's comment identified several corrections that needed 
to be made in the NRC's proposed TSs. Specifically, the corrections 
include:
     Modification of Table B2-4 ``Bounding PWR Fuel Assembly 
Loading Criteria--Enrichment/Soluble Boron Limits'' to include two 
sections; revision of the upper section title to ``TSC [Transportable 
Storage Cannister] with Undamaged PWR Fuel Basket Assembly Max. Initial 
Enrichment (wt%\235\U [uranium-235])'' from ``Max. Initial Enrichment 
(wt% \235\U).'' The bottom section is titled ``TSC with Damaged PWR 
Fuel Basket Assembly Max. Initial Enrichment (wt% \235\U).''
     For the upper section of the revised table, the first five 
entries starting from the top of column 3, which is for an absorber 
with 0.036 boron-10 grams per cubic centimeter and a soluble boron 
concentration of 2000 parts per million, have been corrected. The 
values are revised from 4.0 percent to the values presented in Table 
6.7.3-11 ``PWR System Generic Load Limits (0.036 10B g/cm2 Absorber)'' 
of Revision 4 of the MAGNASTOR[supreg] Final Safety Analysis Report 
(FSAR).
     The bottom section of the revised table contains the 
maximum initial enrichment values presented in the MAGNASTOR[supreg] 
Amendment No. 3 submittal, FSAR version 10B, changed page 6.7.8-90, 
Table 6.7.8-10.
    Response. The NRC agrees with NAC's corrections. The corrections 
have been made in CoC No. 1031, Amendment No. 3, Appendix B, and the 
SER for this final rule.

IV. 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 final rule, the NRC will revise the 
MAGNASTOR[supreg] Cask System 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.

V. 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, or the provisions of 10 CFR. Although an Agreement 
State may not adopt program elements

[[Page 37929]]

reserved to the 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.

VI. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

VII. 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 (ADAMS Accession No. 
ML13151A152) and, on the basis of this environmental assessment, has 
made a finding of no significant impact. This rule amends the CoC for 
the MAGNASTOR[supreg] Cask System 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. Specifically, NAC 
requested changes to revise authorized contents to include: (1) PWR 
damaged fuel contained in damaged fuel cans that are placed in a 
damaged fuel basket assembly; (2) PWR fuel assemblies with nonfuel 
hardware per the expanded definition in the Amendment No. 3 
application; and (3) PWR fuel assemblies with up to five activated 
stainless steel fuel replacement rods at a maximum burnup/exposure of 
32.5 GWd/MTU.
    This amendment also revises paragraph 4.3.1(i) in Appendix A of the 
CoC TSs to clarify that the maximum design basis earthquake 
accelerations of 0.37g in the horizontal direction (without cask 
sliding) and 0.25g in the vertical direction at the ISFSI pad top 
surface do not result in cask tip-over. Furthermore, this amendment 
makes additional changes to Appendix A and Appendix B of the CoC. The 
changes to the aforementioned documents are identified with revision 
bars in the margin of each document.
    The environmental assessment and finding of no significant impact 
on which this determination is based are available for inspection at 
the NRC's PDR, Room O-1F21, One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland 20852. Single copies of the environmental 
assessment and finding of no significant impact are available from the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.

VIII. 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.

IX. 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 November 21, 2008 (73 FR 
70587), the NRC issued an amendment to 10 CFR part 72 that approved the 
MAGNASTOR[supreg] Cask System design by adding it to the list of NRC-
approved cask designs in 10 CFR 72.214.
    On August 26, 2010, and as supplemented on February 4, 2011, 
February 16, 2011, August 15, 2011, October 3, 2011, March 21, 2012, 
March 30, 2012, April 6, 2012, and April 22, 2013, NAC submitted an 
application to amend the MAGNASTOR[supreg] Cask System. The amendment 
revises authorized contents to include: (1) PWR damaged fuel contained 
in damaged fuel cans that are placed in a damaged fuel basket assembly; 
(2) PWR fuel assemblies with nonfuel hardware per the expanded 
definition in the Amendment No. 3 application; and (3) PWR fuel 
assemblies with up to five activated stainless steel fuel replacement 
rods at a maximum burnup/exposure of 32.5 GWd/MTU.
    This amendment also revises paragraph 4.3.1(i) in Appendix A of the 
CoC TSs to clarify that the maximum design basis earthquake 
accelerations of 0.37g in the horizontal direction (without cask 
sliding) and 0.25g in the vertical direction at the ISFSI pad top 
surface do not result in cask tip-over. Furthermore, this amendment 
makes additional changes to Appendix A and Appendix B of the CoC. The 
changes to the aforementioned documents are identified with revision 
bars in the margin of each document.
    The alternative to this action is to withhold approval of Amendment 
No. 3 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into MAGNASTOR[supreg] Cask System under the 
changes described in Amendment No. 3 to request an exemption from the 
requirements of 10 CFR 72.212 and 72.214. Under this alternative, each 
interested 10 CFR 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 final rule is consistent with previous NRC actions. 
Further, as documented in the SER and the environmental assessment, the 
final rule will have no adverse effect on public health and safety or 
the environment. This final rule has no significant identifiable impact 
or benefit on other Government agencies. Based on this regulatory 
analysis, the NRC concludes that the publication of the final rule is 
consistent with the NRC's responsibilities for public health and safety 
and the common defense and security. No other available alternative is 
preferable, and therefore, this action is recommended.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this rule will not have a significant economic 
impact on a substantial number of small entities. This final rule 
affects only nuclear power plant licensees and NAC International, Inc. 
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).

XI. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not

[[Page 37930]]

apply to this final rule. Therefore, a backfit analysis is not 
required.

XII. 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 of 
OMB.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistleblowing.

    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:  Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69, 
81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act 
sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National 
Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste 
Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151, 
10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109-
58, 119 Stat. 549 (2005).
    Section 72.44(g) also issued under secs. Nuclear Waste Policy 
Act 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). 
Section 72.46 also issued under Atomic Energy Act sec. 189 (42 
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). 
Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 
145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear 
Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 
10161(h)). Subpart K is also issued under sec. 218(a) (42 U.S.C. 
10198).


0
2. In Sec.  72.214, Certificate of Compliance 1031 is revised to read 
as follows:


Sec.  72.214   List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1031.
    Initial Certificate Effective Date: February 4, 2009.
    Amendment Number 1 Effective Date: August 30, 2010.
    Amendment Number 2 Effective Date: January 30, 2012.
    Amendment Number 3 Effective Date: July 25, 2013.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg] 
System.
    Docket Number: 72-1031.
    Certificate Expiration Date: February 4, 2029.
    Model Number: MAGNASTOR.
* * * * *

    Dated at Rockville, Maryland, this 12th day of June 2013.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2013-15127 Filed 6-24-13; 8:45 am]
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