[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53281-53285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21418]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 /
Rules and Regulations
[[Page 53281]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0120]
RIN 3150-AJ42
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM Underground Maximum Capacity Canister Storage System,
Certificate of Compliance No. 1040
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 adding the Holtec International HI-
STORM Underground Maximum Capacity (UMAX) Canister Storage System,
Certificate of Compliance (CoC) No. 1040, to the ``List of approved
spent fuel storage casks.'' Holtec International intends to provide an
underground storage option compatible with the Holtec International HI-
STORM FLOOD/WIND (FW) System (CoC No. 1032). The HI-STORM UMAX Canister
Storage System stores a hermetically sealed canister containing spent
nuclear fuel in an in-ground vertical ventilated module. The HI-STORM
UMAX Canister Storage System is designed to provide long-term
underground storage of loaded multi-purpose canisters previously
certified for storage in CoC No. 1032.
DATES: The final rule is effective November 24, 2014, unless a
significant adverse comment is received by October 9, 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direct final rule is withdrawn as a result of such comments, timely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-2014-0120 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-2014-0120. 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 obtain publicly-available documents online in the
ADAMS Public Documents collection 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]. For
the convenience of the reader, instructions about obtaining materials
referenced in this document are provided in the ``Availability of
Documents'' section.
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: Gregory R. Trussell, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
6445, 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. Environmental Assessment and Finding of No Significant
Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Flexibility Certification
X. Regulatory Analysis
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Procedural Background
The NRC is using the ``direct final rule procedure'' to add CoC No.
1040 to the list of approved spent fuel storage casks because the
Holtec International HI-STORM UMAX Canister Storage System is similar
to other previously approved spent fuel storage cask systems and,
therefore, 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 November 24, 2014. However, if the NRC
receives significant adverse comments on this direct final rule by
October 9, 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)
[[Page 53282]]
to the rule, CoC, or Technical Specifications (TSs).
For detailed instructions on filing 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 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 which added a new subpart K in part 72 of Title
10 of the Code of Federal Regulations (10 CFR) 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 in 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.
III. Discussion of Changes
By letter dated June 29, 2012, and as supplemented on July 16,
2012; November 20 and January 30, 2013; April 2, April 19, June 21,
August 28, December 6, December 31, January 13; and January 28, 2014,
Holtec International submitted an application to add the HI-STORM UMAX
Canister Storage System to the list of approved spent fuel storage
casks in 10 CFR part 72. The HI-STORM UMAX Canister Storage System is a
spent fuel storage system designed to be in full compliance with the
requirements of 10 CFR part 72. Holtec International intends to provide
an underground storage option compatible with the Holtec International
HI-STORM FW System as described in the Final Safety Analysis Report
(FSAR) for the HI-STORM FW System. The underground structure system is
described in the FSAR for the HI-STORM UMAX Canister Storage System.
The HI-STORM UMAX Canister Storage System stores a hermetically sealed
canister containing spent nuclear fuel (SNF) in an in-ground vertical
ventilated module (VVM). The HI-STORM UMAX Canister Storage System is
designed to provide long-term underground storage of loaded multi-
purpose canisters (MPC) previously certified for storage in CoC No.
1032. The HI-STORM UMAX VVM is the underground equivalent of the HI-
STORM FW storage module. Although the storage cavity dimensions and the
air ventilation system in the HI-STORM UMAX VVM have been selected to
enable it to also store all MPCs certified for storage in the HI-STORM
100 storage module, CoC No. 1040 does not approve the storage of all
MPCs certified for storage in the HI-STORM 100 storage module in the
HI-STORM UMAX VVM at this time. The HI-STORM UMAX Canister Storage
System can store either Pressurized Water Reactor or Boiling Water
Reactor fuel assemblies in the MPC-37 or MPC-89 models, respectively.
The number associated with the MPC is the maximum number of fuel
assemblies the MPC can contain in the fuel basket. The external
diameters of the MPC-37 and MPC-89 are identical to allow the use of a
single storage module design, however the height of the MPC, as well as
the storage module and transfer cask, are variable based on the SNF to
be loaded.
As documented in the safety evaluation report (SER), the NRC staff
performed a detailed safety evaluation of the proposed CoC request
submitted by Holtec International.
The HI-STORM UMAX Canister Storage System, 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 may load spent nuclear fuel into
HI-STORM UMAX Canister Storage Systems that meet the criteria of CoC
No. 1040 under 10 CFR 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 add the
Holtec International HI-STORM UMAX Canister Storage System design to
the listing 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, 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. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214 to add the Holtec
International HI-STORM UMAX Canister Storage System to the listing
within the ``List of approved spent fuel storage casks'' as CoC No.
1040. 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
[[Page 53283]]
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 adds CoC No. 1040 for the Holtec
International HI-STORM UMAX Canister 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, Holtec International intends to provide an underground
storage option compatible with the Holtec International HI-STORM FW
System.
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 CoC addition 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.
Holtec International HI-STORM UMAX Canister 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 HI-STORM UMAX Canister Storage System
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. In addition, any
resulting occupational exposure or offsite dose rates from the use of
the HI-STORM UMAX Canister Storage System would remain well within the
10 CFR part 20 limits. Therefore, the proposed addition of CoC No. 1040
will not result in 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 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 the SER for this addition.
D. Alternative to the Action
The alternative to this action is to withhold approval of this new
design and issue a site-specific license to each utility that proposes
to use the casks. This alternative would cost both the NRC and
utilities more time and money for each site-specific license.
Conducting site-specific reviews would ignore the procedures and
criteria currently in place for the addition of new cask designs that
can be used under a general license, and would be in conflict with NWPA
direction to the Commission to approve technologies for the use of
spent fuel storage at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site reviews. This alternative also would tend to exclude new vendors
from the business market without cause and would arbitrarily limit the
choice of cask designs available to power reactor licensees. This final
rule will eliminate the above problems and is consistent with previous
Commission actions. Further, the rule will have no adverse effect on
public health and safety. Therefore, the environmental impacts would be
the same or less than the action.
E. Alternative Use of Resources
Approval of the addition of CoC No. 1040 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: Holtec
International HI-STORM UMAX Canister Storage System, Certificate of
Compliance No. 1040,'' will not have a significant effect on 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 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
Holtec International. 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).
X. 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 June 29, 2012, and as supplemented on July 16, 2012; November 20
and January 30, 2013; April 2, April 19, June 21, August 28, December
6, December 31, January 13; and January 28, 2014, Holtec International
submitted an application to add the HI-STORM UMAX Canister Storage
System.
The alternative to this action is to withhold approval of this new
design
[[Page 53284]]
and issue a site-specific license to each utility that proposes to use
the casks. This alternative would cost both the NRC and utilities more
time and money for each site-specific license. Conducting site-specific
reviews would ignore the procedures and criteria currently in place for
the addition of new cask designs that can be used under a general
license, and would be in conflict with NWPA direction to the Commission
to approve technologies for the use of spent fuel storage at the sites
of civilian nuclear power reactors without, to the maximum extent
practicable, the need for additional site reviews. This alternative
also would tend to exclude new vendors from the business market without
cause and would arbitrarily limit the choice of cask designs available
to power reactor licensees. This final rule will eliminate the above
problems and is consistent with previous Commission actions. Further,
the rule will have no adverse effect on public health and safety.
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.
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 adds CoC No. 1040 for the Holtec
International HI-STORM UMAX Canister Storage System to the ``List of
approved spent fuel storage casks.''
The addition of CoC No. 1040 for the Holtec International HI-STORM
UMAX Canister Storage System was initiated by Holtec International and
was not submitted in response to new NRC requirements, or an NRC
request for amendment. The addition of CoC No. 1040 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
This action is not a major rule as defined in the Congressional
Review Act (5 U.S.C. 801-808).
XIII. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Document ADAMS Accession No.
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CoC No. 1040........................... ML14122A443.
Safety Evaluation Report............... ML14122A441.
Technical Specifications, Appendix A... ML14122A444.
Technical Specifications, Appendix B... ML14122A442.
Application............................ ML12363A282.
Application supplemental July 16, 2012. ML12205A134.
Application supplemental November 20, ML12348A483.
2012.
Application supplemental January 30, ML13032A008.
2013.
Application supplemental April 2, 2013. ML13107B249.
Application supplemental April 19, 2013 ML13114A191.
Application supplemental June 21, 2013. ML13175A363.
Application supplemental August 28, ML13261A062.
2013.
Application Supplemental December 6, ML13343A169.
2013.
Application supplemental December 31, ML14002A402.
2013.
Application supplemental January 13, ML14015A145.
2014.
Application supplemental January 28, ML14030A055.
2014.
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The NRC may post materials related to this document, including
public comments, on the Federal rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2014-0120. The Federal
rulemaking Web site allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2014-0120); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
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
secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Protection 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 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 Nuclear Waste Policy Act sec. 218(a)
(42 U.S.C. 10198).
0
2. In Sec. 72.214, Certificate of Compliance No. 1040 is added to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1040.
Initial Certificate Effective Date: November 24, 2014.
SAR Submitted by: Holtec International, Inc.
SAR Title: Final Safety Analysis Report for the Holtec
International HI-STORM UMAX Canister Storage System.
Docket Number: 72-1040.
Certificate Expiration Date: September 9, 2034.
Model Number: MPC-37, MPC-89.
Dated at Rockville, Maryland, this 22nd day of August 2014.
[[Page 53285]]
For the Nuclear Regulatory Commission.
Darren B. Ash,
Acting Executive Director for Operations.
[FR Doc. 2014-21418 Filed 9-8-14; 8:45 am]
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