[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13265-13271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05711]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2015-0270]
RIN 3150-AJ71
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment
No. 10
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the Holtec International
(Holtec or applicant) HI-STORM 100 Cask System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
10 to Certificate of Compliance (CoC) No. 1014. Amendment No. 10 adds
new fuel classes to the contents approved for the loading of 16x16-pin
fuel assemblies into a HI-STORM 100 Cask System; allows a minor
increase in manganese in an alloy material for the system's overpack
and transfer cask; clarifies the minimum water displacement required of
a dummy fuel rod (i.e., a rod not filled with uranium pellets); and
clarifies the design pressures needed for normal operation of forced
helium drying systems. Additionally, Amendment No. 10 revises Condition
[[Page 13266]]
No. 9 of CoC No. 1014 to provide clearer direction on the measurement
of air velocity and modeling of heat distribution through the storage
system. Each of these changes is described in Section IV, ``Discussion
of Changes,'' in the SUPPLEMENTARY INFORMATION section of this
document.
DATES: The direct final rule is effective May 31, 2016, unless
significant adverse comments are received by April 13, 2016. 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direct final rule is withdrawn as a result of such comments, timely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 Commission is able to ensure consideration only for
comments received on or before this date. Comments received on this
direct final rule will also be considered to be comments on a companion
proposed rule published in the Proposed Rules section of this issue of
the Federal Register.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0270. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Robert D. MacDougall, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington DC 20555-0001; telephone: 301-415-5175; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Procedural Background
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0270 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0270.
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 O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2015-0270 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Procedural Background
This rule is limited to the changes contained in Amendment No. 10
to CoC No. 1014 and does not include other aspects of the Holtec HI-
STORM 100 Cask 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 May 31, 2016. However, if the NRC receives significant
adverse comments on this direct final rule by April 13, 2016, 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.
[[Page 13267]]
(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).
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.
III. 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
May 1, 2000 (65 FR 25241) that approved the Holtec HI-STORM 100 Cask
System design and added it to the list of NRC-approved cask designs in
10 CFR 72.214 as CoC No. 1014.
IV. Discussion of Changes
On January 5, 2015, Holtec submitted a request to the NRC to amend
CoC No. 1014. Amendment No. 10 (1) adds new fuel classes to the
contents approved for the loading of 16X16-pin fuel assemblies into a
HI-STORM 100 Cask System; (2) allows a minor increase in manganese in
an alloy material for the system's overpack and transfer cask; (3)
clarifies the minimum water displacement required of a dummy fuel rod
(i.e., a rod not filled with uranium pellets); and (4) clarifies the
design pressures expected for normal operation of forced helium drying
systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC
No. 1014 to provide clearer direction on the measurement of air
velocity and modeling of heat distribution through the storage system.
These changes are further discussed in this section, and the changes to
the affected TS Appendices are identified with revision bars in the
margin of each document.
1. Addition of New 16X16B and 16X16C Fuel Classes to the Contents
Approved for Storage in a HI-STORM 100 Cask System
The contents, enrichment, weight, and dimensions of the new 16X16
fuel assembly classes are all bounded by previously approved 16X16
classes. The NRC staff determined that the applicant's analysis of the
adequacy of the HI-STORM 100 package's shielding for the new fuel
classes supports the conclusion that this shielding evaluation is also
bounded by the previously evaluated classes of 16X16 fuel. From its
criticality evaluations in the safety evaluation report (SER), the NRC
staff also determined that the calculated maximum neutron fluences of
the 16X16B and 16X16C fuel classes are statistically similar to the
already-approved 16X16A fuel class, and both are well bounded by the
design basis fuel. The staff therefore has reasonable assurance that
the new fuel classes are consistent with the appropriate standards for
shielding, criticality, and other required safety analyses, and that
the package design and contents satisfy the radiation protection and
criticality safety requirements in 10 CFR 72.14, 72.124, 72.106, and
72.236.
2. Addition to American Society of Mechanical Engineers (ASME) Boiler
and Pressure Vessel Code Alternative Table To Allow a Newer Alloy
Material
In its request for this amendment, Holtec proposed an additional
exemption to the ASME Boiler and Pressure Vessel Code Alternative Table
to allow the use of more recent Code versions of material SA-516/516A
Grade 70, an alloy like the one used in the overpack and transfer cask
of the HI-STORM 100 Cask System. All SA-516 material used in the HI-
STORM 100 Cask System is required to meet the material composition
described in ASME Boiler and Pressure Vessel Code Section II, 2007
edition. This edition allows for a different manganese content from the
1995 edition, but does not change the structural or thermal properties
of the material. The applicant's request proposed no change in
mechanical properties and no alteration in the form, fit, or function
of these system components resulting from the minor change in
composition of the alloy. The NRC staff therefore finds the requested
exemption acceptable for the affected structures, systems, and
components of CoC No. 1014.
3. Editorial Clarifications
3.a. Clarification of Minimum Displacement of Dummy Fuel Rods
When reactor operators become aware of a damaged or malfunctioning
fuel pin in a fuel assembly, they may remove the assembly from the
reactor core, replace the problem pin with a dummy fuel rod containing
no uranium, and return the assembly to the reactor core to recover the
assembly's remaining energy value. An assembly with a dummy rod may or
may not be considered ``intact'' for handling purposes when it is
finally removed from the reactor core. In Appendix A of the TSs, the
definition of ``Intact Fuel Assemblies'' now clarifies the description
of ``dummy fuel rod'' to specify that it must displace at least the
same amount of water as would a fuel rod in the active fuel region of
the assembly, because criticality safety analyses are based on
displacement of water in that location. Specifically, the definition
states that ``[f]uel assemblies without fuel rods in fuel rod locations
shall not be classified as INTACT FUEL ASSEMBLIES unless dummy fuel
rods are used to displace an amount of water greater than or equal to
that displaced by the fuel rod(s) in the active region [of the fuel
assembly].'' Intact fuel assemblies are by definition those that can be
handled by normal means. In effect, this clarification of the minimum
volume of a dummy rod provides that a fuel assembly with any such rods
may not be handled by normal means unless these rods displace an equal
or greater volume of water than rods containing fuel in the region of
the assembly where there is nuclear material. The greater volume of
fresh (unborated) water displaced by the dummy rod results in
correspondingly less water available to moderate neutrons to a speed
that could sustain a nuclear reaction, and consequently, the greater
displacement will reduce reactivity in an accident involving flooding
with fresh water.
[[Page 13268]]
3.b. Clarification of Helium Pressure Limits for Drying and Backfilling
of Multi-Purpose Canisters (MPCs) in Underground Installations
As indicated in Table 3-1 of Appendix A-100U for HI-STORM 100 Cask
Systems intended for deployment in underground spent fuel storage
installations, use of a closed-loop forced helium dehydration (FHD)
system is an alternative to vacuum drying for an MPC containing
moderate burnup fuel, and FHD is mandatory for drying MPCs with one or
more high burnup fuel assemblies or a higher heat load. Section 3.6.2.2
of Appendix B-100U for HI-STORM Cask Systems was revised to clarify
that the design pressure limit for normal operation of the FHD system
is for drying only and not for backfilling the MPC with helium at lower
pressures for long-term storage.
4. Revised Condition No. 9 of CoC No. 1014
The NRC staff revised Condition No. 9, ``Special Requirements for
First Systems in Place,'' to provide a more appropriate location to
perform air velocity measurements to gauge the cooling effect of air
convection in the dry cask storage system. The previous language in the
CoC required the measurements at the annular gap between the canister
and the overpack. This location is difficult to access, and the
measured data proved to be unreliable because air velocities can vary
chaotically, especially at a location close to the top of the canister.
The revised Condition No. 9 directs the user to make the measurements
at the inlet vents, where the user can obtain the total mass flow rate
of the air and perform a meaningful comparison with predicted results.
The NRC staff also revised Condition No. 9 to specify that
measurements of the Supplemental Cooling System be used to validate the
analytical methods described in the applicant's final safety analysis
report (FSAR) for the cask. The cask user will therefore need to
develop a thermal model of this cask using the analytical methods
described in the FSAR. This will avoid unnecessary approximations in
the thermal model that could add uncertainty in the predicted results.
The revised language more precisely specifies the parameters to be
measured and the analysis necessary to satisfy the Condition.
5. Conclusions
As documented in the SER for Amendment No. 10, 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 changes in occupational exposure or offsite
dose from the implementation of Amendment No. 10 would remain well
within 10 CFR part 20 limits.
Therefore, based on these findings of the SER and those of the
environmental assessment below, the NRC staff concludes that the
proposed CoC changes will not result in any radiological or non-
radiological environmental impacts that differ significantly from the
environmental impacts evaluated in the environmental assessment (EA)
supporting the May 1, 2000, final rule approving CoC No. 1014. There
will be no significant change in the types or amounts of any effluent
released, no significant increase in individual or cumulative radiation
exposures, and no significant increase in the potential for or
consequences of radiological accidents.
This direct final rule revises the Holtec HI-STORM 100 Cask System
listing in 10 CFR 72.214 by adding Amendment No. 10 to CoC No. 1014.
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 HI-STORM 100 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; 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 100 Cask Systems that meet the criteria of Amendment No.
10 to CoC No. 1014 under 10 CFR 72.212.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards
developed or adopted by voluntary consensus standards bodies unless the
use of any such standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC will revise
the Holtec HI-STORM 100 Cask System design listed in 10 CFR 72.214,
``List of approved spent fuel storage casks.'' This action does not
constitute the establishment of a standard that contains generally
applicable requirements.
VI. 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 reserved to the NRC, and a
Category ``NRC'' does not confer regulatory authority on the State, the
State may wish to inform its licensees of certain requirements by means
consistent with the particular State's administrative procedure laws.
VII. 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).
VIII. 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 HI-STORM
100 Cask System listing within the ``List of approved spent fuel
storage casks'' to include Amendment No. 10 to CoC No. 1014. Under the
National Environmental Policy Act of 1969, as amended (NEPA), 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
(EIS) is not required. The NRC has made a finding of no significant
impact on the basis of this EA.
[[Page 13269]]
B. The Need for the Action
This direct final rule is needed to allow users of HI-STORM 100
Cask Systems under Amendment No. 10 to load for dry storage under a
general license additional classes of fuel assemblies that would
otherwise have to remain in spent fuel storage pools. This direct final
rule amends the CoC for the Holtec HI-STORM 100 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, Amendment No. 10 (1) adds new fuel classes to the
contents approved for the loading of 16X16-pin fuel assemblies into a
HI-STORM 100 Cask System; (2) allows a minor increase in manganese in
an alloy material for the system's overpack and transfer cask; (3)
clarifies the minimum water displacement required of a dummy fuel rod
(i.e., a rod not filled with uranium pellets); and (4) clarifies the
design pressures expected for normal operation of forced helium drying
systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC
No. 1014 to provide clearer direction on the measurement of air
velocity and modeling of heat distribution through the storage 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 EA for the 1990 final rule. The EA for Amendment No. 10
tiers off of the EA for the July 18, 1990, final rule. Tiering on past
EAs is a standard process under NEPA by which impact analyses in a
previous EA can be cited by a subsequent EA as bounding the expected
impacts of a new proposed action within the scope of the previous EA.
The Holtec HI-STORM 100 Cask 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 confinement,
shielding, and criticality control. If there is no loss of confinement,
shielding, or criticality control, the environmental impacts would be
insignificant. This proposed CoC amendment does not reflect a
significant change in cask design or fabrication requirements. Because
there are no significant design or production process changes, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 10 would remain well within all
applicable 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 EA supporting the July 18, 1990, final rule. There
will be no significant change in the types or amounts of any effluent
released, no significant increase in individual or cumulative radiation
exposures, and no significant increase in the potential for or
consequences of radiological accidents. The NRC staff documented these
safety findings in the SER.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
10 and withdraw the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the Holtec
HI-STORM 100 Cask System in accordance with the changes described in
proposed Amendment No. 10 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, each separate exemption request, thereby increasing the
administrative burden upon the NRC and the costs to each licensee. The
environmental impacts of this alternative would therefore be the same
as or greater than the preferred action.
E. Alternative Use of Resources
Approval of Amendment No. 10 to CoC No. 1014 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 EA.
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 EA, the NRC
concludes that this direct final rule entitled, ``List of Approved
Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask
System; Certificate of Compliance No. 1014, Amendment No. 10,'' will
not have a significant effect on the human environment. Therefore, the
NRC has determined that an EIS for this direct final rule is not
necessary.
IX. Paperwork Reduction Act Statement
This rule does not contain any information collection requirements,
and is therefore not subject to the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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
Office of Management and Budget control number.
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, 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).
XI. 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 May 1, 2000 (65 FR 25241),
the NRC issued an amendment to 10 CFR part 72 that approved the Holtec
HI-STORM 100 Cask System design by adding it to the list of NRC-
approved cask designs in 10 CFR 72.214.
[[Page 13270]]
On January 5, 2015, Holtec submitted an application to amend the
HI-STORM 100 Cask System CoC as described in Section IV, ``Discussion
of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 10 and require any 10 CFR part 72 general licensee seeking to load
spent nuclear fuel into the Holtec HI-STORM 100 Cask System under the
changes described in Amendment No. 10 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 direct final rule is consistent with previous NRC
actions. Further, as documented in the SER and the EA, 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 on or benefit to 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.
XII. 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 CoC No. 1014 for the
Holtec HI-STORM 100 Cask System, as currently listed in 10 CFR 72.214,
``List of approved spent fuel storage casks.'' The revision consists of
Amendment No. 10, which (1) adds new fuel classes to the contents
approved for the loading of 16X16-pin fuel assemblies into a HI-STORM
100 Cask System; (2) allows a minor increase in manganese in an alloy
material for the system's overpack and transfer cask; (3) clarifies the
minimum water displacement required of a dummy fuel rod (i.e., a rod
not filled with uranium pellets); and (4) clarifies the design
pressures expected for normal operation of forced helium drying
systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC
No. 1014 to provide clearer direction on the measurement of air
velocity and modeling of heat distribution through the storage system.
Amendment No. 10 to CoC No. 1014 for the Holtec HI-STORM 100 Cask
System was initiated by Holtec, and was not submitted in response to
new NRC requirements or an NRC request for amendment. Amendment No. 10
applies only to new casks fabricated and used under Amendment No. 10.
These changes do not affect existing users of the Holtec HI-STORM 100
Cask System; the current Amendment No. 9 and earlier amendments
continue to be effective for existing users. While current CoC users
may comply with the new requirements in Amendment No. 10, this would be
a voluntary decision on the part of current users. For these reasons,
Amendment No. 10 to CoC No. 1014 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 NRC staff.
XIII. 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.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
Holtec International HI-STORM 100 Cask ML15007A435.
System--License Amendment Request (1014-
10).
Proposed CoC No. 1014, Amendment No. 10... ML15331A307.
Appendix A for Proposed CoC No. 1014, ML15331A310.
Amendment No. 10.
Appendix B for Proposed CoC No. 1014, ML15331A311.
Amendment No. 10.
Appendix A--100U for Proposed CoC No. ML15331A312.
1014, Amendment No. 10.
Appendix B--100U for Proposed CoC No. ML15331A313.
1014, Amendment No. 10.
Preliminary SER for Proposed CoC No. 1014, ML15331A309.
Amendment No. 10.
------------------------------------------------------------------------
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-2015-0270. 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-2015-0270); (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,
Hazardous waste, Indians, Intergovernmental relations, Manpower
training programs, Nuclear energy, 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 of 1954, 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, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137,
[[Page 13271]]
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154,
10155, 10157, 10161, 10165(g), 10168, 10198(a)) 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance 1014 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.
Amendment Number 6 Effective Date: August 17, 2009.
Amendment Number 7 Effective Date: December 28, 2009.
Amendment Number 8 Effective Date: May 2, 2012, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170).
Amendment Number 9 Effective Date: March 11, 2014.
Amendment Number 10 Effective Date: May 31, 2016.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: May 31, 2020.
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 2nd day of March, 2016.
For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director of Operations.
[FR Doc. 2016-05711 Filed 3-11-16; 8:45 am]
BILLING CODE 7590-01-P