[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)] [Notices] [Pages 51565-51566] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-24814] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket 72-1025] NAC International, Inc.; Issuance of Environmental Assessment and Finding of No Significant Impact Regarding the Proposed Exemption From Requirements of 10 CFR Part 72 By letter dated August 2, 1999, NAC International, Inc. (NAC or applicant) requested an exemption, pursuant to 10 CFR 72.7, from the requirements of 10 CFR 72.234(c). NAC, located in Norcross, Georgia, is seeking Nuclear Regulatory Commission (NRC or the Commission) approval to procure materials for and fabricate 15 transportable storage canisters (TSCs), 15 vertical concrete casks (VCCs), and 1 transfer cask prior to receipt of the Certificate of Compliance (CoC) for the NAC Multi-Purpose Canister (MPC). The MPC TSC, VCC, and transfer cask are basic components of the MPC system, a cask system designed for the dry storage and transportation of spent fuel. The MPC system is intended for use under the general license provisions of Subpart K of 10 CFR part 72 by Yankee Atomic Power Company (YAPC) at the Yankee Rowe Atomic Power Station (Yankee Rowe), located in Bolton, MA. The application for the CoC was submitted by NAC to the Commission on April 29, 1997, as supplemented. Environmental Assessment (EA) Identification of Proposed Action NAC is seeking Commission approval to procure materials and fabricate 15 TSCs, 15 VCCs, and 1 transfer cask prior to receiving the CoC. The applicant is requesting an exemption from the requirements of 10 CFR 72.234(c), which states that ``Fabrication of casks under the Certificate of Compliance must not start prior to receipt of the Certificate of Compliance for the cask model.'' The proposed action before the Commission is whether to grant this exemption under 10 CFR 72.7. Need for the Proposed Action NAC requested the exemption from 10 CFR 72.234(c) to ensure the availability of storage casks so that Yankee Rowe can decommission as scheduled. Yankee Rowe's decommissioning schedule is based on initiating spent fuel loading operations in October 2000 using the MPC system. The MPC CoC application is under consideration by the Commission. A draft CoC and safety evaluation report (SER) have been prepared. It is anticipated that the final COC and SER, if approved, would not be issued before February 2000. To support training and dry run operations, NAC indicated that the first of the MPC TSCs, VCCs and the transfer cask are required by October 2000. NAC stated that procurement of the TSCs, VCCs, and transfer cask material must begin by September 1999 to meet the Yankee Rowe decommissioning schedule; that delivery times for these materials are on the order of four to six months; and that upon receipt of the materials, the fabrication and acceptance schedule is approximately six to eight months. Thus, NAC could need to commence fabrication of the casks prior to receipt of the COC. The proposed fabrication exemption will not authorize use of the MPC system to store spent fuel. That will occur only when, and if, a CoC is issued. NRC approval of the fabrication exemption request should not be construed as an NRC commitment to favorably consider NAC's application for a CoC. NAC will bear the risk of all activities conducted under the exemption, including the risk that the 15 TSCs, 15 VCCs , and 1 transfer cask that NAC plans to construct may not be usable as a result of not meeting specifications or conditions delineated in a CoC that the NRC may ultimately approve. Environmental Impacts of the Proposed Action The Environmental Assessment for the final rule, ``Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites'' (55 FR 29181 (1990)), considered the potential environmental impacts of casks which are used to store spent fuel under a CoC and concluded that there would not be significant environmental impacts. The proposed action now under consideration would not permit use of the MPC system, only fabrication. There are no radiological environmental impacts from fabrication since the TSC, VCC, and transfer cask fabrications do not involve radioactive materials. The major non- radiological environmental [[Page 51566]] impacts involve use of natural resources due to fabrication. Each TSC weighs approximately 24,130 pounds and consists mainly of steel. Each VCC weighs approximately 155,000 pounds and is made primarily of concrete. The transfer cask weighs approximately 80,800 pounds and consists mainly of steel. The amount of steel required for the TSCs and transfer casks is expected to have an insignificant impact on the steel industry. Fabrication of the TSCs and transfer cask would be at a metal fabrication facility and is insignificant compared to the amount of metal fabrication performed annually in the United States. If the TSCs and transfer cask are not usable, they could be disposed of or recycled. The amount of material disposed of would be insignificant compared to the amount of steel that is disposed of annually in the United States. Based upon this information, the fabrication of the canisters and transfer cask will have no significant impact on the environment since no radioactive materials are involved and the amount of natural resources used is minimal. The amount of concrete required for the VCCs is expected to have an insignificant impact on the concrete industry. Fabrication of the VCCs would be in the vicinity of the reactor site and is insignificant compared to the amount of concrete fabrication performed annually in the United States. If the VCCs are not usable, they could be disposed of or recycled. The amount of material disposed of would be insignificant compared to the amount of concrete that is disposed of annually in the United States. Based upon this information, the fabrication of the VCCs will have no significant impact on the environment since no radioactive materials are involved and the amount of natural resources used is minimal. Alternative to the Proposed Action Since there is no significant environmental impact associated with the proposed action, any alternatives with equal or greater environmental impact are not evaluated. The alternative to the proposed action would be to deny approval of the exemption and, therefore, not allow fabrication of the TSCs, VCCs, and transfer cask until a CoC is issued. This alternative would have the same environmental impact. Given that there are no significant differences in environmental impacts between the proposed action and the alternative considered and that the applicant has a legitimate need to procure materials and fabricate prior to certification and is willing to assume the risk that any TSC, VCC, or transfer cask fabricated may not be approved or may require modification, the Commission concludes that the preferred alternative is to approve the fabrication request and grant the exemption from the prohibition on fabrication prior to receipt of a CoC. Agencies and Persons Contacted Mr. James Muckerheide from the Massachusetts Emergency Management Agency was contacted about the EA for the proposed action and had no comments. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements set forth in 10 CFR part 51. Based on the forgoing EA, the Commission finds that the proposed action of granting an exemption from 10 CFR 72.234(c) so that NAC may fabricate 15 TSCs, 15 VCCs, and 1 transfer cask prior to issuance of a CoC for the MPC system will not significantly impact the quality of the human environment. Accordingly, the Commission has determined not to prepare an environmental impact statement for the proposed exemption. The request for the exemption from 10 CFR 72.234(c) was filed by NAC on August 2, 1999. For further details with respect to this action, see the application for a CoC for the MPC system dated April 29, 1997, as supplemented. The exemption request and CoC application are docketed under 10 CFR part 72, Docket 72-1025. The exemption request and the non-proprietary version of the CoC application are available for public inspection at the Commissions's Public Document Room, 2120 L Street, NW, Washington, DC 20555. For the Nuclear Regulatory Commission. Dated at Rockville, Maryland, this 13th day of September, 1999. E. William Brach, Director, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. 99-24814 Filed 9-22-99; 8:45 am] BILLING CODE 7590-01-P