[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Rules and Regulations]
[Pages 21121-21125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08346]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0271]
RIN 3150-AJ31
List of Approved Spent Fuel Storage Casks: Transnuclear, Inc.
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System;
Amendment No. 3
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 Transnuclear, Inc.
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System
(NUHOMS[supreg] Storage System) listing within the ``List of Approved
Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of
Compliance (CoC) No. 1029. Amendment No. 3 adds a new transportable dry
shielded canister (DSC), 32PTH2, to the NUHOMS[supreg] Storage System;
and makes editorial corrections.
DATES: The direct final rule is effective June 30, 2014, unless
significant adverse comments are received by May 15, 2014. If the
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC staff is able to ensure consideration only for
comments received on or before this date.
ADDRESSES: Please refer to Docket ID NRC-2013-0271 when contacting the
NRC about the availability of information for this direct final rule.
You may access publicly-available information related to this direct
final rule by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0271. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
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]. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced. The proposed CoC, proposed technical specifications (TSs),
and preliminary Safety Evaluation Report (SER) are available in ADAMS
under Accession Nos. ML13290A176, ML13290A182, and ML13290A205,
respectively.
[[Page 21122]]
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:
Table of Contents
I. Procedural Background.
II. Background.
III. Discussion of Changes.
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. Procedural Background
This direct final rule is limited to the changes contained in
Amendment No. 3 to CoC No. 1029 and does not include other aspects of
the NUHOMS[supreg] Storage System design. 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 June 30, 2014. However, if the NRC receives significant
adverse comments on this direct final rule by May 15, 2014, 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 in the Proposed Rule
section of 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 TSs.
For detailed instructions on submitting comments, please see the
companion proposed rule published in the Proposed Rule section of this
issue of the Federal Register.
II. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the U.S. 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 [U.S. 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), ''Licensing Requirements for the Independent
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and
Reactor-Related Greater Than Class C Waste,'' 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 (68 FR 463; January 6, 2003)
that approved the NUHOMS[supreg] Storage System design and added it to
the list of NRC-approved cask designs in 10 CFR 72.214, ``List of
approved spent fuel storage casks,'' as CoC No. 1029.
III. Discussion of Changes
On December 15, 2011 (ADAMS Accession No. ML120040478),
Transnuclear, Inc. submitted an application to amend the NUHOMS[supreg]
Storage System. Amendment No. 3 adds a new transportable DSC, 32PTH2,
to the NUHOMS[supreg] Storage System; and makes editorial corrections.
The NUHOMS[supreg] 32PTH2 System is designed to accommodate up to 32
intact (or up to 16 damaged and the balance intact) pressurized water
reactor (PWR), Combustion Engineering (CE), 16 x 16 class spent fuel
assemblies, with or without control components. The NUHOMS[supreg]
32PTH2 System also consists of a modified version of the Standardized
NUHOMS[supreg] Advanced Horizontal Storage Module (AHSM), designated
the AHSM-HS (high burnup and high seismic).
Numerous sections of the TSs were revised to add and update
characteristics, specifications, and requirements related to the 32PTH2
DSC and the AHSM-HS storage module. Additional changes were made to
definitions and other sections to improve completeness, consistency and
clarity. Revised sections are indicated by side bars in the TSs.
As documented in the SER (ADAMS Accession No. ML13290A205), 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 proposed 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, ``Standards for Protection Against Radiation,'' limits.
Therefore, the proposed CoC changes will not result in any radiological
or non-radiological environmental impacts that significantly differ
from the
[[Page 21123]]
environmental impacts evaluated in the environmental assessment
supporting the July 18, 1990, final rule (55 FR 29181) that amended 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. 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 from those
analyzed in that environmental assessment.
This direct final rule revises the NUHOMS[supreg] Storage System
listing in 10 CFR 72.214 by adding Amendment No. 3 to CoC No. 1029. 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 NUHOMS[supreg] Storage 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; therefore,
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, ``General license issued,''
may load spent nuclear fuel into NUHOMS[supreg] Storage Systems that
meet the criteria of Amendment No. 3 to CoC No. 1029 under 10 CFR
72.212, ``Conditions of general license issued under Sec. 72.212.''
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 direct final rule, the NRC will revise
the NUHOMS[supreg] Storage System design listed in 10 CFR 72.214. 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 direct final 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 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, well-organized manner
that also follows other best practices appropriate to the subject or
field and the intended audience. The NRC has attempted to use plain
language in promulgating this rule consistent with the Federal Plain
Writing Act guidelines.
VII. Finding of No Significant Environmental Impact: Availability
A. The Action
The action is to amend 10 CFR 72.214 to revise the Transnuclear,
Inc. NUHOMS[supreg] Storage System listing within the ``List of
Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to CoC
No. 1029. Under the National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in subpart A of 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions,'' 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 made a finding of no
significant impact on the basis of this environmental assessment.
B. The Need for the Action
This direct final rule amends the CoC for the Transnuclear, Inc.
NUHOMS[supreg] Storage 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, Amendment
No. 3 adds a new transportable DSC, 32PTH2, to the NUHOMS[supreg]
Storage System; and makes editorial corrections.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was initially
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 3 tiers off of the
environmental assessment for the July 18, 1990, final rule. Tiering on
past environmental assessments is a standard process under the National
Environmental Policy Act.
NUHOMS[supreg] Storage Systems are designed to mitigate the effects
of design basis accidents that could occur during storage. Design basis
accidents account for human-induced events and the most severe natural
phenomena reported for the site and surrounding area. Postulated
accidents analyzed for an Independent Spent Fuel Storage Installation,
the type of facility at which a holder of a power reactor operating
license would store spent fuel in casks in accordance with 10 CFR part
72, include tornado winds and tornado-generated missiles, a design
basis earthquake, a design basis flood, an accidental cask drop,
lightning effects, fire, explosions, and other incidents.
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. There are no significant changes to
cask design requirements in the proposed CoC amendment. In addition,
because there are no significant design or process changes, 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. Therefore, the proposed 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 July 18, 1990, 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. The staff documented its safety findings in an
SER which is available in ADAMS under Accession No. ML13290A205.
[[Page 21124]]
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
3 and end the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into
NUHOMS[supreg] Storage Systems in accordance with the changes described
in proposed Amendment No. 3 would have to request an exemption from the
requirements of 10 CFR 72.212 and 72.214. Under this alternative,
interested licensees 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.
Therefore, the environmental impacts would be the same or less than the
action.
E. Alternative Use of Resources
Approval of Amendment No. 3 to CoC No. 1029 would result in no
irreversible commitments of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in 10 CFR part 51. Based on the foregoing
environmental assessment, the NRC concludes that this direct final rule
entitled, ``List of Approved Spent Fuel Storage Casks: Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System; Amendment
No. 3,'' will not have a significant effect on quality of the human
environment. Therefore, the NRC has determined that an environmental
impact statement is not necessary for this direct final rule.
VIII. Paperwork Reduction Act Statement
This direct final 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. The NRC issued a final rule (68
FR 463; January 6, 2003) that approved the Standardized Advanced
NUHOMS[supreg] Cask System design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 ``List of approved spent fuel
storage casks,'' as CoC No. 1029.
On December 15, 2011 (ADAMS Accession No. ML120040478),
Transnuclear, Inc. submitted an application to amend the NUHOMS[supreg]
Storage System.
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 the NUHOMS[supreg] Storage Systems 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 this 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 or the environment. 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 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 direct final 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
Transnuclear, 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 apply to this direct final rule. Therefore, a backfit analysis is
not required. This direct final rule revises the CoC No. 1029 for the
Transnuclear, Inc. NUHOMS[supreg] Storage System, as currently listed
in 10 CFR 72.214, ``List of Approved Spent Fuel Storage Casks.'' The
revision consists of Amendment No. 3 which adds a new transportable
DSC, 32PTH2, to the NUHOMS[supreg] Storage System; and makes editorial
corrections.
Amendment No. 3 to CoC No. 1029 for the Transnuclear, Inc.
NUHOMS[supreg] Storage System was initiated by Transnuclear, Inc. and
was not submitted in response to new NRC requirements, or an NRC
request for amendment. Amendment No. 3 applies only to new casks
fabricated and used under Amendment No. 3. These changes do not affect
existing users of the NUHOMS[supreg] Storage System, and the current
Amendments continue to be effective for existing users. While current
CoC users may comply with the new requirements in Amendment No. 3, this
would be a voluntary decision on the part of current users. For these
reasons, Amendment No. 3 to CoC No. 1029 does not constitute
backfitting under 10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise
represent an inconsistency with the issue finality provisions
applicable to combined licenses in 10 CFR part 52. Accordingly, no
backfit analysis or additional documentation addressing the issue
finality criteria in 10 CFR part 52 has been prepared by the staff.
XII. Congressional Review Act
The Office of Management and Budget has not found this to be a
major rule as defined in the Congressional Review Act.
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
[[Page 21125]]
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 is revised 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, 2239, 2273, 2282, 2021); Energy Reorganization Act
secs. 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.
109-58, 119 Stat. 549 (2005).
Section 72.44(g) also issued under Nuclear Waste Policy Act
secs. 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 also issued under sec. 218(a) (42 U.S.C. 10198).
0
2. In Sec. 72.214, Certificate of Compliance No. 1029 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1029.
Initial Certificate Effective Date: February 5, 2003.
Amendment Number 1 Effective Date: May 16, 2005.
Amendment Number 2 Effective date: Amendment not issued by the NRC.
Amendment Number 3 Effective Date: June 30, 2014.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72-1029.
Certificate Expiration Date: February 5, 2023.
Model Number: Standardized Advanced NUHOMS[supreg] -24PT1, -24PT4,
and -32PTH2.
* * * * *
Dated at Rockville, Maryland, this 28th day of March, 2014.
For the Nuclear Regulatory Commission.
Darren B. Ash,
Acting, Executive Director for Operations.
[FR Doc. 2014-08346 Filed 4-14-14; 8:45 am]
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