[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Rules and Regulations]
[Pages 59623-59626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23633]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Rules
and Regulations
[[Page 59623]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0102]
RIN 3150-AJ40
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM FLOOD/WIND System; Certificate of Compliance No. 1032,
Amendment No. 1
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 Holtec International HI-
STORM FLOOD/WIND (FW) System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 1 to Certificate of
Compliance (CoC) No. 1032. Amendment No. 1 adds a new heat load pattern
for the multipurpose canister (MPC)-37, broadens the back pressure
range for MPC-37 and MPC-89, and updates certain definitions related to
fuel classification. Also, the amendment makes a correction to the
expiration date of CoC No. 1032.
DATES: The direct final rule is effective December 17, 2014, unless
significant adverse comments are received by November 3, 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direct final rule is withdrawn as a result of such comments, timely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-2014-0102 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-2014-0102. 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: 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. 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
This direct final rule is limited to the changes contained in
Amendment No. 1 to CoC No. 1032 and does not include other aspects of
the Holtec International HI-STORM FW 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 December 17, 2014. However, if the NRC receives
significant adverse comments on this direct final rule by November 3,
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 Technical Specifications (TSs).
[[Page 59624]]
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. The NRC subsequently issued a final rule on
June 8, 2011 (76 FR 33121), that approved the Holtec International HI-
STORM FW System design and added it to the list of NRC-approved cask
designs in 10 CFR 72.214 as CoC No. 1032.
III. Discussion of Changes
By letter dated October 13, 2011, and as supplemented on May 23,
2012, January 24, April 18, and July 23, 2013, Holtec International,
Inc. (Holtec or the applicant) submitted an application to the NRC to
amend CoC No. 1032. The amendment adds a new heat load pattern for the
MPC-37, broadens the back pressure range for MPC-37 and MPC-89, and
updates certain definitions related to fuel classification. Also, the
amendment makes a correction to the expiration date of CoC No. 1032.
As documented in the safety evaluation report (SER), 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. 1 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.
This direct final rule revises the Holtec International HI-STORM FW
System listing in 10 CFR 72.214 by adding Amendment No. 1 to CoC No.
1032. 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 Holtec International HI-STORM FW 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 may load spent nuclear fuel
into the Holtec International HI-STORM FW System that meet the criteria
of Amendment No. 1 to CoC No. 1032 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 revise
the Holtec International HI-STORM FW 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.
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 revise the Holtec
International HI-STORM FW System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 1 to CoC No. 1032.
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.
[[Page 59625]]
B. The Need for the Action
This direct final rule amends the CoC for the Holtec International
HI-STORM FW 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. 1
adds a new heat load pattern for the multipurpose canister MPC-37,
broadens the back pressure range for MPC-37 and MPC-89, and updates
certain definitions related to fuel classification. Also, the amendment
makes a correction to the expiration date of CoC No. 1032.
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. 1 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.
The Holtec International HI-STORM FW System is 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. 1 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 the
SER for this amendment.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
1 and end the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into Holtec
International HI-STORM FW System casks in accordance with the changes
described in proposed Amendment No. 1 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. 1 to CoC No. 1032 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 FLOOD/WIND System; Certificate of Compliance No.
1032, Amendment No. 1,'' 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. 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 8, 2011 (76 FR 33121),
the NRC issued an amendment to 10 CFR part 72 that approved the Holtec
International HI-STORM FW System design and added it to the list of
NRC-approved cask designs in 10 CFR 72.214 as CoC No.1032.
On October 13, 2011, and as supplemented on May 23, 2012, January
24, 2013, April 18, 2013, and July 23, 2013, Holtec submitted an
application to amend the Holtec International HI-STORM FW System as
described in Section III of this document.
The alternative to this action is to withhold approval of Amendment
No. 1 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the Holtec
[[Page 59626]]
International HI-STORM FW System 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 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.
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. 1032 for the
Holtec International HI-STORM FW System, as currently listed in 10 CFR
72.214, ``List of approved spent fuel storage casks.'' The revision
consists of Amendment No. 1 which adds a new heat load pattern for the
MPC-37, broadens the back pressure range for MPC-37 and MPC-89, and
updates certain definitions related to fuel classification. Also the
amendment makes a correction to the expiration date of CoC No. 1032.
Amendment No. 1 to CoC No. 1032 for the Holtec International HI-
STORM FW System was initiated by Holtec and was not submitted in
response to new NRC requirements, or an NRC request for amendment.
Amendment No. 1 applies only to new casks fabricated and used under
Amendment No. 1. These changes do not affect existing users of the
Holtec International HI-STORM FW System, and the current Amendment
continues to be effective for existing users. While current CoC users
may comply with the new requirements in Amendment No. 1, this would be
a voluntary decision on the part of current users. For these reasons,
Amendment No. 1 to CoC No. 1032 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 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. 1032, Amendment No. 1............. ML14118A466.
Technical Specifications, Appendix A...... ML14118A468.
Technical Specifications, Appendix B...... ML14118A467.
Safety Evaluation Report.................. ML14118A469.
Application............................... ML11290A019.
Application Supplemental May 23, 2012..... ML12158A558.
Application Supplemental January 24, 2013. ML13028A103.
Application Supplemental April 18, 2013... ML13120A505.
Application Supplemental July 23, 2013.... ML13217A050.
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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-2014-0102. 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-2014-0102); (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, 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. 1032 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1032.
Initial Certificate Effective Date: June 13, 2011.
Amendment Number 1 Effective Date: December 17, 2014.
SAR Submitted by: Holtec International, Inc.
SAR Title: Final Safety Analysis Report for the HI-STORM FW System.
Docket Number: 72-1032.
Certificate Expiration Date: June 12, 2031.
Model Number: HI-STORM FW MPC-37, MPC-89.
Dated at Rockville, Maryland, this 18th day of September, 2014.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2014-23633 Filed 10-2-14; 8:45 am]
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