[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31433-31440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14292]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules
and Regulations
[[Page 31433]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2016-0138]
RIN 3150-AJ78
List of Approved Spent Fuel Storage Casks: EnergySolutionsTM
Corporation, VSC-24 Ventilated Storage Cask System, Renewal of Initial
Certificate and Amendment Nos. 1-6
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
EnergySolutionsTM Corporation's (EnergySolutions or the
applicant) VSC-24 Ventilated Storage Cask System listing within the
``List of Approved Spent Fuel Storage Casks'' to renew, for an
additional 40 years, the initial certificate and Amendment Nos. 1-6 of
Certificate of Compliance (CoC) No. 1007. The renewal of the initial
certificate and Amendment Nos. 1-6 requires cask users to establish,
implement, and maintain written procedures for aging management program
(AMP) elements, including a lead cask inspection program, for VSC-24
Storage Cask structures, systems, and components (SSC) important to
safety. Users must also conduct periodic ``tollgate'' assessments of
new information on SSC aging effects and mechanisms to determine
whether any element of an AMP addressing these effects and mechanisms
requires revision to encompass the current state of knowledge. In
addition, the renewal of the initial certificate and Amendment Nos. 1-6
makes several other changes, described in Section IV, ``Discussion of
Changes,'' in the SUPPLEMENTARY INFORMATION section of this document.
DATES: This direct final rule is effective September 20, 2017, unless
significant adverse comments are received by August 7, 2017. If this
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:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0138. 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, 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. Rulemaking Procedure
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
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2016-0138 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-2016-0138.
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-2016-0138 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:/
/
[[Page 31434]]
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. Rulemaking Procedure
This direct final rule is limited to the renewal of the initial
certificate and Amendment Nos. 1-6 of CoC No. 1007. The NRC is using
the ``direct final rule procedure'' to issue these renewals because
they represent 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.
This direct final rule will become effective on September 20, 2017.
However, if the NRC receives significant adverse comments on this
direct final rule by August 7, 2017, 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).
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). A general license authorizes a reactor licensee
to store spent fuel in NRC-approved casks at a site that is licensed to
operate a power reactor under 10 CFR parts 50 or 52. 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 April 7, 1993 (58 FR 17967), that
approved the VSC-24 Storage Cask System design, effective May 7, 1993,
and added it to the list of NRC-approved cask designs in 10 CFR 72.214
as CoC No. 1007.
IV. Discussion of Changes
On October 12, 2012, EnergySolutions submitted an application to
renew, for an additional 40 years, the initial certificate and
Amendment Nos. 1-6 of CoC No. 1007 for the VSC-24 Storage Cask System
(ADAMS Accession No. ML12290A139). EnergySolutions supplemented its
request on: February 14, 2013 (ADAMS Accession No. ML130500219); April
4, 2014 (ADAMS Accession No. ML14099A192); October 24, 2014 (ADAMS
Accession No. ML14301A283); and June 26, 2015 (ADAMS Accession No.
ML15182A163). Because EnergySolutions filed its renewal application at
least 30 days before the certificate expiration date of May 7, 2013,
pursuant to the timely renewal provisions in 10 CFR 72.240(b), the
initial issuance of the certificate and Amendment Nos. 1-6 of CoC No.
1007 did not expire.
The renewals of the initial certificate and its amendments were
conducted in accordance with the renewal provisions in 10 CFR 72.240.
This section of NRC spent fuel storage regulations authorizes the NRC
staff to include any additional certificate conditions it deems
necessary to ensure that the cask system's SSCs continue to perform
their intended safety functions during the certificate's renewal
period. The NRC staff has included additional conditions in the renewed
certificates requiring the implementation of an approved AMP to ensure
that VSC-24 Storage Cask System SSCs important to safety will continue
to perform their intended functions during the extended storage period
authorized by the renewal. These conditions will require users of the
VSC-24 Storage Cask Systems to establish, implement, and maintain
written procedures for each AMP element, including the lead cask
inspection program, for VSC-24 Storage Cask Systems that will continue
to be in use for more than 20 years. These procedures must be
consistent with the AMP descriptions in the applicant's Final Safety
Analysis Report (FSAR).
The procedures must also include provisions for changing AMP
elements as necessary, within the limitations specified in CoC
conditions and TSs, to address new information derived from the results
of AMP inspections and/or industry operating experience of aging
effects. Each VSC-24 Storage Cask System general licensee must make and
maintain records of periodic ``tollgate'' assessments as part of the
``Operating Experience'' element of each AMP. The purpose of these
periodic tollgate assessments is to determine whether any AMP
addressing an aging effect or
[[Page 31435]]
mechanism requires revision to encompass the current state of
knowledge. In addition, each future request for an amendment to the
renewed CoCs must evaluate the amendment's impacts on aging management
activities for the VSC-24 Storage Cask System. This evaluation may
require modifications to time-limited aging analyses (TLAAs) and AMPs,
including the lead cask inspection program, as appropriate.
The renewed certificates also contain additional conditions
requested by EnergySolutions. The renewed initial certificate and
Amendment Nos. 1-3 of CoC No. 1007 will prohibit the construction or
placement into service of new VSC-24 SSCs under these CoC
specifications. General licensee users with VSC-24 Storage Cask Systems
under the initial certificate or Amendment Nos. 1-3 that are in service
as of the renewal's effective date, however, may continue to perform
SSC maintenance and repairs in accordance with the conditions of their
applicable renewed CoC. General licensees that meet the conditions of
the renewed Amendment Nos. 4-6 of CoC No. 1007 may load and store spent
nuclear fuel in new VSC-24 Storage Cask Systems.
This direct final rule also includes additional design and
operating conditions on the initial and all amendment certificates and
their corresponding TSs to preclude the use of specific cask
components, and prohibit the storage of spent fuel above a certain
burnup. These conditions were proposed by the certificate holder to
ensure that the scope of the aging analyses provided in the renewal
application extends only to VSC-24 Storage Cask System SSCs currently
in service. The NRC staff confirmed that no VSC-24 Storage Cask Systems
currently in service are affected by these design and operating
conditions. These conditions would only apply to future VSC-24 Storage
Cask System SSCs placed into service.
As documented in its safety evaluation report (SER), the NRC staff
performed a detailed safety evaluation of the proposed CoC renewal
request. There are no changes to the cask design or fabrication
requirements in the proposed CoC renewals. Accordingly, the design of
the cask would continue to prevent loss of containment, shielding, and
criticality control. In its SER for the renewal of the VSC-24 Storage
Cask System, the NRC has determined that if the conditions specified in
the CoC to implement these regulations are met, adequate protection of
public health and safety will be maintained.
This direct final rule revises the VSC-24 Storage Cask System
listing in 10 CFR 72.214 by renewing for 40 more years the initial
certificate and Amendment Nos. 1-6 of CoC No. 1007. The renewals
consist of the changes previously described, as set forth in the
renewed CoCs and their revised TSs. The revised TSs are identified in
the SER.
V. 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 VSC-24 Storage Cask System design listed in Sec. 72.214, ``List of
Approved Spent Fuel Storage Casks.''
This action does not constitute the establishment of a standard
that contains generally applicable requirements.
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 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
using a mechanism consistent with the particular State's administrative
procedure laws, but so informing these licensees does not confer
regulatory authority on the State.
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 that also follows other best practices appropriate to the
subject or field and the intended audience. 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 by revising the VSC-24 Storage
Cask System listing within the ``List of Approved Spent Fuel Storage
Casks'' to renew, for an additional 40 years, the initial certificate
and Amendment Nos. 1-6 of CoC No. 1007. The renewals of the initial
certificate and Amendment Nos. 1-6 require each cask user to establish,
implement, and maintain written procedures for AMP elements, including
lead cask inspection programs, for VSC-24 Storage Cask System SSCs
important to safety. Users must also conduct periodic ``tollgate''
assessments of new information on SSC aging effects and mechanisms to
determine whether any element of an AMP addressing these effects and
mechanisms requires revision to encompass the current state of
knowledge. In addition, the renewal of the initial certificate and
Amendment Nos. 1-6 makes several other changes, described in Section
IV, ``Discussion of Changes,'' in the SUPPLEMENTARY INFORMATION section
of this document. Finally, as with any NRC-approved cask system, the
reactor licensee using these systems under a 10 CFR part 72 general
license must also ensure that the reactor site parameters and potential
site-boundary doses are within the scope of the cask system safety
analysis report and reactor license.
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 direct
final 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
environmental assessment (EA).
B. The Need for the Action
This direct final rule is necessary to authorize the continued use
of the VSC-24 Storage Cask System design by power reactor licensees for
dry spent fuel storage at reactor sites. Specifically, this rule
extends the expiration date for the VSC-24 Storage Cask System
certificates for an additional 40 years, allowing a reactor licensee to
continue using them under general license provisions in an independent
spent fuel storage
[[Page 31436]]
installation (ISFSI), the facility at which a holder of a power reactor
operating license stores spent fuel in dry casks in accordance with 10
CFR part 72.
C. Environmental Impacts of the Action
The environmental impacts associated with spent fuel storage have
been considered in a variety of NRC environmental reviews. The NUREG-
1092, ``Environmental Assessment for 10 CFR Part 72--Licensing
Requirements for the Independent Storage of Spent Fuel and High-Level
Radioactive Waste,'' is dated August 1984 (ADAMS Accession No.
ML091050510). In the May 27, 1986, proposed rule (51 FR 19106) amending
10 CFR part 72 to address an NWPA requirement, the SUPPLEMENTARY
INFORMATION section contains additional analyses showing that the
potential environmental impacts from storing spent fuel in dry casks
are small. The NRC also evaluated the environmental impacts of spent
fuel storage at generally licensed ISFSIs in ``Environmental Assessment
and Finding of No Significant Impact for Proposed Rule Entitled
`Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear
Power Reactor Sites,''' published in the Federal Register on May 5,
1989 (54 FR 19379).
On July 18, 1990 (55 FR 29181), the NRC issued a final rule
amending 10 CFR part 72 to provide for the storage of spent fuel under
a general license in cask designs approved by the NRC. In the EA for
the 1990 final rule, the NRC analyzed the potential environmental
impacts of using NRC-approved storage casks. This EA for the renewal of
the initial certificate and Amendment Nos. 1-6 of CoC No. 1007 tiers
off of the EA for the July 18, 1990, final rule. Tiering off of past
EAs is a standard process under NEPA.
The NRC staff has determined that the environmental impacts of
renewing the VSC-24 Storage Cask System certificates for an additional
40 years remain bounded by the EISs and EAs previously referenced. As
required by 10 CFR 72.240, applications for renewal of a spent fuel
storage CoC design are required to demonstrate, in TLAAs and a
description of an AMP, that SSCs important to safety will continue to
perform their intended function for the requested renewal term. As
discussed in the NRC staff's SER for the renewal of the VSC-24 Storage
Cask System certificates, the NRC staff has approved conditions in the
renewed CoCs requiring the general licensee to implement the AMPs
described in the renewal application and incorporated into the storage
system's FSAR. These conditions ensure that VSC-24 Storage Cask Systems
will continue to perform their intended safety functions and provide
adequate protection of public health and safety throughout the renewal
period.
Incremental impacts from continued use of VSC-24 Storage Cask
Systems under a general license for an additional 40 years are not
considered significant. When the general licensee follows all
procedures and administrative controls, including the conditions
established as a result of this renewal, no effluents are expected from
the sealed dry storage cask systems. Activities associated with cask
loading and decontamination may result in some small incremental liquid
and gaseous effluents, but these activities will be conducted under 10
CFR parts 50 or 52 reactor operating licenses, and effluents will be
controlled within existing reactor site technical specifications.
Because reactor sites are relatively large, any incremental offsite
doses due to direct radiation exposure from the spent fuel storage
casks are expected to be small, and when combined with the contribution
from reactor operations, well within the annual dose equivalent of 0.25
mSv (25 mrem) limit to the whole body specified in 10 CFR 72.104.
Incremental impacts on collective occupational exposures due to dry
cask spent fuel storage are expected to be only a small fraction of the
exposures from operation of the nuclear power station.
The VSC-24 Storage Cask Systems are also 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 ISFSI 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.
During the promulgation of the amendments that added subpart K to
10 CFR part 72 (55 FR 29181; July 18, 1990), the NRC staff assessed the
public health consequences of dry cask system storage accidents and
sabotage events. In the supporting analyses for these amendments, the
NRC staff determined that a release from a dry cask storage system
would be comparable in magnitude to a release from the same quantity of
fuel in a spent fuel storage pool. As a result of these evaluations,
the NRC staff determined that, because of the physical characteristics
of the storage casks and conditions of storage that include specific
security provisions, the potential risk to public health and safety due
to accidents or sabotage is very small.
Considering the specific design requirements for each accident or
sabotage 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.
There are no changes to cask design or fabrication requirements in
the renewed initial certificate or the renewed Amendment Nos. 1-6 that
would result in an increase in occupational exposure or offsite dose
rates from the implementation of the renewal of the initial certificate
and Amendment Nos. 1-6. Therefore, the occupational exposure or offsite
dose rates would remain well within applicable 10 CFR part 20 limits.
Decommissioning of dry cask spent fuel storage systems under a
general license would be carried out as part of a power reactor's site
decommissioning plan. In general, decommissioning would consist of
removing the spent fuel from the site, decontaminating cask surfaces,
and decontaminating and dismantling the ISFSI where the casks were
deployed. The casks would then be released for reuse or disposal. Under
normal and off-normal operating conditions, no residual contamination
is expected to be left behind on supporting structures. The incremental
impacts associated with decommissioning dry cask storage installations
is expected to represent a small fraction of the impacts of
decommissioning an entire nuclear power station.
In summary, 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 EA
supporting the July 18, 1990, final rule. Compliance with the
requirements of 10 CFR parts 20 and 72 would ensure that adequate
protection of public health and safety will continue. The NRC, in its
SER for the renewal of the VSC-24 Storage Cask System, has determined
that if the conditions specified in the CoC to implement these
regulations are met, adequate protection of public health and safety
will be maintained.
Based on the previously stated assessments and its SER for the
requested renewal of the VSC-24 Storage Cask System certificates, the
NRC has determined that the expiration date of this system in 10 CFR
72.214 can be safely extended for an additional 40 years, and that
commercial nuclear power reactor licensees can continue
[[Page 31437]]
using the system during this period under a general license without
significant impacts on the human environment.
D. Alternative to the Action
The alternative to this action is to deny approval of the renewals
and end this direct final rule. Under this alternative, the NRC would
either: (1) Require general licensees using VSC-24 Storage Cask Systems
to unload the spent fuel from these systems and either return it to a
spent fuel pool or re-load it into a different dry storage cask system
listed in 10 CFR 72.214; or (2) require that users of existing VSC-24
Storage Cask Systems request site-specific licensing proceedings to
continue storage in these systems.
The environmental impacts of requiring the licensee to unload the
spent fuel and either return it to the spent fuel pool or re-load it
into another NRC-approved cask system would result in increased
radiological doses to workers. These increased doses would be due
primarily to direct radiation from the casks while the workers
unloaded, transferred, and re-loaded the spent fuel. These activities
would consist of transferring the dry storage canisters to a cask
handling building, opening the canister lid welds, returning the
canister to a spent fuel pool or dry transfer facility, removing the
fuel assemblies, and re-loading them, either into a spent fuel pool
storage rack or another NRC-approved dry storage system. In addition to
the increased occupational doses to workers, these activities may also
result in additional liquid or gaseous effluents.
Alternatively, users of the dry cask storage system would need to
apply for a site-specific license. Under this option for implementing
the no-action alternative, interested licensees would have to prepare,
and the NRC would have to review, each separate license application,
thereby increasing the administrative burden upon the NRC and the costs
to each licensee.
In summary, the no-action alternative would entail either more
environmental impacts from transferring the spent fuel now in VSC-24
Storage Cask Systems, or impacts from multiple licensing actions that,
in the aggregate, are likely to be less than spent fuel transfer
activities but the same as, or more likely, greater than the preferred
action.
E. Alternative Use of Resources
Renewal of the initial certificate and Amendment Nos. 1-6 of CoC
No. 1007 for the VSC-24 Storage Cask System would not result in
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 rule entitled, ``List of Approved Spent Fuel
Storage Casks: EnergySolutions Corporation, VSC-24 Ventilated Storage
Cask System, Renewal of Initial Certificate and Amendment Nos. 1-6,''
will not have a significant impact on the human environment. Therefore,
the NRC has determined that an EIS is not necessary for this direct
final rule.
IX. Paperwork Reduction Act Statement
This direct final rule does not require any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information 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 collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this direct final rule will not, if issued, have a
significant economic impact on a substantial number of small entities.
This direct final rule affects only nuclear power plant licensees and
the EnergySolutions Corporation. 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. Under this
regulation, any nuclear power reactor licensee can use NRC-approved
cask designs to store spent nuclear fuel if the licensee 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
April 7, 1993 (58 FR 17967), the NRC issued an amendment to 10 CFR part
72 that approved the VSC-24 Storage Cask System design by adding it to
the list of NRC-approved cask designs in 10 CFR 72.214.
On October 12, 2012, EnergySolutions requested a renewal of the
initial certificate and Amendment Nos. 1-6 of VSC-24's CoC No. 1007 for
an additional 40 years beyond the initial certificate term (ADAMS
Accession No. ML12290A139). EnergySolutions supplemented its request
on: February 14, 2013 (ADAMS Accession No. ML130500219), April 4, 2014
(ADAMS Accession No. ML14099A192), October 24, 2014 (ADAMS Accession
No. ML14301A283), and June 26, 2015 (ADAMS Accession No. ML15182A163).
Because EnergySolutions filed its renewal application at least 30 days
before the certificate expiration date of May 7, 2013, pursuant to the
timely renewal provisions in 10 CFR 72.240(b), the initial issuance of
the certificate and Amendment Nos. 1-6 of CoC No. 1007 did not expire.
The alternative to this action is to deny approval of the renewal
of the initial certificate and Amendment Nos. 1-6 of CoC No. 1007 and
end this direct final rule. Under this alternative, the NRC would
either: (1) Require general licensees using VSC-24 Storage Cask Systems
to unload spent fuel from these systems and return it to a spent fuel
pool or re-load it into a different dry storage cask system listed in
10 CFR 72.214; or (2) require that users of existing VSC-24 Storage
Cask Systems request site-specific licensing proceedings to continue
storage in these systems. Therefore, the no-action alternative would
entail either more environmental impacts from transferring the spent
fuel now in VSC-24 Storage Cask Systems, or impacts from multiple
licensing actions that, in the aggregate, are likely to be less than
spent fuel transfer activities but the same as, or more likely, greater
than the preferred action.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the SER and the EA, this direct
final rule will have no significant adverse impact on public health and
safety or the environment. This direct final rule also has no
significant identifiable impact on or benefit to other Government
agencies. Based on this regulatory analysis, the NRC concludes that the
requirements of this direct final rule are commensurate with the NRC's
responsibilities for public health and safety and the common defense
and security. No other
[[Page 31438]]
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 actions in this direct final rule
do not require a backfit analysis because they either do not fall
within the definition of backfitting under 10 CFR 72.62 or 10 CFR
50.109(a)(1), or they do not impact any general licensees currently
using these systems. Additionally, the actions in this direct final
rule do not impact issue finality provisions applicable to combined
licenses under part 52.
This direct final rule renews CoC No. 1007 for the VSC-24 Storage
Cask System, as currently listed in 10 CFR 72.214, ``List of Approved
Spent Fuel Storage Casks,'' to extend the expiration date of the
initial certificate and Amendment Nos. 1-6 by 40 years. The renewed
certificates would require implementation of an AMP for the 40 years
after the storage cask system's initial 20-year service period. As part
of the renewal application, EnergySolutions also requested some changes
to the originally-certified systems that go beyond the aging management
provisions and impose additional design and operating conditions on the
certificates and their corresponding TSs to preclude the use of
specified cask components, and prohibit the future storage of spent
fuel above a certain burnup limit.
Renewing these certificates does not, with the exceptions noted in
this section, fall within the definition of backfit under 10 CFR 72.62
or 10 CFR 50.109, or otherwise represent an inconsistency with the
issue finality provisions applicable to combined licenses in 10 CFR
part 52. Extending the certificates' effective dates for 40 more years
and requiring the implementation of AMPs does not impose any
modification or addition to the design of an SSC of a cask system, or
to the procedures or organization required to operate the system during
the initial 20-year storage period of the system, as authorized by the
current certificate. General licensees that have loaded these casks, or
that load these casks in the future under the specifications of the
applicable certificate, may continue to store spent fuel in these
systems for the initial 20-year storage period authorized by the
original certificate. The AMPs required to be implemented by this
renewal are only required to be implemented after the storage cask
system's initial 20-year service period ends. As explained in the 2011
final rule that amended 10 CFR part 72 (76 FR 8872, 8875, Question I),
the general licensee's authority to use a particular storage cask
design under an approved CoC terminates 20 years after the date that
the general licensee first loads the particular cask with spent fuel,
unless the cask's CoC is renewed. Because this rulemaking renews the
certificates, and renewal is a separate NRC licensing action
voluntarily implemented by vendors, the renewal of these CoCs is not an
imposition of new or changed requirements from which these licensees
would otherwise be protected by the backfitting provisions in 10 CFR
72.62 or 10 CFR 50.109.
Even if renewal of this CoC system could be considered a backfit,
EnergySolutions, as the holder of the CoC and vendor of the casks, is
not protected by the backfitting provisions in 10 CFR 72.62.
Unlike a vendor, general licensees using the existing systems
subject to these renewals would be protected by the backfitting
provisions in 10 CFR 72.62 and 10 CFR 50.109 if the renewals
constituted new or changed requirements. But as previously explained,
renewal of the certificates for these systems does not impose such
requirements. The general licensees using these CoCs may continue
storing material in their respective cask systems for the initial 20-
year storage period identified in the applicable certificate or
amendment with no changes. If general licensees choose to continue to
store spent fuel in VSC-24 Cask Systems after the initial 20-year
period, these general licensees will be required to implement AMPs for
any cask systems subject to a renewed CoC, but such continued use is
voluntary.
As part of the renewal application, EnergySolutions requested some
changes to the originally-certified systems that go beyond the aging
management provisions required by NRC regulations. Some of these
changes impose additional design and operating conditions on the
certificates and their corresponding TSs to preclude the use of
specified cask components, and prohibit the future storage of spent
fuel above a certain burnup limit. While the imposition of such
conditions would be considered a backfit if the general licensees using
VSC-24 Storage Cask Systems were using the prohibited components or
storing spent fuel with the prohibited burnup, none of these licensees
are doing so. These prohibitions were proposed by the certificate
holder to avoid having to analyze aging effects that do not and will
not apply to any VSC-24 Storage Cask Systems currently in service. The
NRC staff confirmed that these proposed design and operating conditions
do not affect any VSC-24 Storage Cask Systems currently in service
(which are located at the Arkansas Nuclear One, the Point Beach, and
the Palisades Nuclear Plant sites). Therefore, these additional
conditions and TS changes do not constitute backfitting within the
provisions of 10 CFR 72.62 or 10 CFR 50.109.
EnergySolutions also requested a condition that will prohibit the
construction or placement into service of new VSC-24 SSCs under the
renewed initial CoC No. 1007 certificate and Amendment Nos. 1-3, but
this condition will not affect the users of existing casks. General
licensees using VSC-24 Storage Cask Systems in service under the
initial certificate or Amendment Nos. 1-3 as of the renewal's effective
date may continue storing fuel and performing SSC maintenance and
repairs in accordance with the conditions of their applicable CoC.
Therefore, the requested condition affects only EnergySolutions, since
it would be prohibited from manufacturing new systems under the initial
certificate or Amendment Nos. 1-3 in the future. As previously
mentioned, EnergySolutions, as the holder of the CoC, is not protected
from backfitting by 10 CFR 72.62, and in any case, EnergySolutions
itself requested the NRC to impose the condition. The vendor did not
submit its request in response to new NRC requirements, nor any NRC
request for an application to amend this CoC.
For these reasons, renewing the initial certificate and Amendment
Nos. 1-6 of CoC No. 1007, and imposing the additional conditions
previously discussed, do not constitute backfitting under 10 CFR 72.62
or 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with
the issue finality provisions applicable to combined licenses in part
52. Accordingly, the NRC staff has not prepared a backfit analysis for
this rulemaking.
XIII. Congressional Review Act
The OMB 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 through one or more of the following methods, as
indicated.
[[Page 31439]]
------------------------------------------------------------------------
ADAMS Accession No./ Federal
Document Register citation
------------------------------------------------------------------------
Proposed CoC No. 1007 Renewal, ML16057A127
Initial Issuance.
Proposed TS, Attachment A, CoC No. ML16057A139
1007 Renewal, Initial Issuance.
Proposed CoC No. 1007 Renewal, ML16057A189
Amendment 1.
Proposed TS, Attachment A, Amendment ML16057A211
1.
Proposed CoC No. 1007 Renewal, ML16057A216
Amendment 2.
Proposed TS, Attachment A, Amendment ML16057A322
2.
Proposed CoC No. 1007 Renewal, ML16057A333
Amendment 3.
Proposed TS, Attachment A, Amendment ML16057A358
3.
Proposed CoC No. 1007 Renewal, ML16057A449
Amendment 4.
Proposed TS, Attachment A, Amendment ML16057A511
4.
Proposed CoC No. 1007 Renewal, ML16057A593
Amendment 5.
Proposed TS, Attachment A, Amendment ML16057A600
5.
Proposed CoC No. 1007 Renewal, ML16057A617
Amendment 6.
Proposed TS, Attachment A, Amendment ML16057A630
6.
Preliminary SER...................... ML16057A667
Final Safety Analysis Report for the ML060810682
VSC-24 Ventilated Storage Cask
System.
NUREG-1092, ``Environmental ML091050510
Assessment for 10 CFR Part 72--
Licensing Requirements for the
Independent Storage of Spent Fuel
and High-Level Radioactive Waste``.
Proposed Rule, ``Licensing 51 FR 19106
Requirements for the Independent
Storage of Spent Nuclear Fuel and
High-Level Radioactive Waste''.
Environmental Assessment and Finding 54 FR 19379
of No Significant Impact for
Proposed Rule Entitled ``Storage of
Spent Nuclear Fuel in NRC-Approved
Storage Casks at Nuclear Power
Reactor Sites``.
Final Rule, ``Storage of Spent Fuel 55 FR 29181
In NRC-Approved Storage Casks at
Power Reactor Sites''.
Final Rule, ``License and Certificate 76 FR 8872
of Compliance Terms''.
------------------------------------------------------------------------
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-2016-0138. 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-2016-0138); (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, 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 1007 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1007.
Initial Certificate Effective Date: May 7, 1993, superseded by
Renewed Initial Certificate, on September 20, 2017.
Renewed Initial Certificate Effective Date: September 20, 2017.
Amendment Number 1 Effective Date: May 30, 2000, superseded by
Renewed Amendment Number 1, on September 20, 2017.
Renewed Amendment Number 1 Effective Date: September 20, 2017.
Amendment Number 2 Effective Date: September 5, 2000, superseded by
Renewed Amendment Number 2, on September 20, 2017.
Renewed Amendment Number 2 Effective Date: September 20, 2017.
Amendment Number 3 Effective Date: May 21, 2001, superseded by
Renewed Amendment Number 3, on September 20, 2017.
Renewed Amendment Number 3 Effective Date: September 20, 2017.
Amendment Number 4 Effective Date: February 3, 2003, superseded by
Renewed Amendment Number 4, on September 20, 2017.
Renewed Amendment Number 4 Effective Date: September 20, 2017.
Amendment Number 5 Effective Date: September 13, 2005, superseded
by Renewed Amendment Number 5, on September 20, 2017.
Renewed Amendment Number 5 Effective Date: September 20, 2017.
Amendment Number 6 Effective Date: June 5, 2006, superseded by
Renewed Amendment Number 6, on September 20, 2017.
Renewed Amendment Number 6 Effective Date: September 20, 2017.
SAR Submitted by: EnergySolutionsTM Corporation.
SAR Title: Final Safety Analysis Report for the VSC-24 Ventilated
Storage Cask System.
Docket Number: 72-1007.
Renewed Certificate Expiration Date: May 7, 2053.
[[Page 31440]]
Model Number: VSC-24.
* * * * *
Dated at Rockville, Maryland, this 31st day of May, 2017.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2017-14292 Filed 7-6-17; 8:45 am]
BILLING CODE 7590-01-P