[Federal Register Volume 64, Number 250 (Thursday, December 30, 1999)]
[Notices]
[Pages 73594-73595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33968]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket 72-1014]


Holtec International Issuance of Environmental Assessment and 
Finding of No Significant Impact Regarding the Request for Exemption 
From Requirements of 10 CFR Part 72

    By letter dated October 4, 1999, Holtec International (Holtec or 
applicant) requested an exemption, pursuant to 10 CFR 72.7, from the 
requirements of 10 CFR 72.234(c). Holtec, located in Marlton, New 
Jersey, is seeking Nuclear Regulatory Commission (NRC or the 
Commission) approval to procure materials for, and fabricate, three 
MPC-68 multi-purpose canisters, three HI-STORM 100 overpacks, and one 
HI-TRAC-125 transfer cask prior to receipt of the Certificate of 
Compliance (CoC) for the HI-STORM 100 cask system. The MPC-68 multi-
purpose canister, the HI-STORM 100 overpack, and the HI-TRAC-125 
transfer cask are basic components of the HI-STORM 100 system, a cask 
system designed for the dry storage and transportation of spent nuclear 
fuel. The HI-STORM 100 cask system is intended for use under the 
general license provisions of Subpart K of 10 CFR Part 72 by New York 
Power Authority (NYPA) at the James A. FitzPatrick Nuclear Power Plant 
(JAF) located in Oswego, New York.

Environmental Assessment (EA)

    Identification of Proposed Action: By letter dated October 26, 
1995, as supplemented, and pursuant to 10 CFR Part 72, Holtec submitted 
an application to the NRC for a CoC for the HI-STORM 100 cask system. 
This application is currently under consideration by the NRC staff. The 
applicant is seeking Commission approval to procure materials for, and 
fabricate, three MPC-68 multi-purpose canisters, three HI-STORM 100 
overpacks, and one HI-TRAC-125 transfer cask prior to the Commission's 
issuance of a CoC for the HI-STORM 100 cask system. The HI-STORM 100 
system is intended for use under the general license provisions of 
Subpart K of 10 CFR Part 72 by NYPA at JAF in Oswego, New York. The 
applicant requests an exemption from the requirements of 10 CFR 
72.234(c), which state 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 approve fabrication, including 
material procurement, and whether to grant this exemption pursuant to 
10 CFR 72.7.
    Need for the Proposed Action: Holtec requested the exemption to 10 
CFR 72. 234(c) to ensure the availability of storage casks so that NYPA 
can maintain full core off-load capability at JAF. JAF will lose full 
core off-load capability in the fall of 2002. JAF has proposed an 
initial cask loading in the summer of 2001. To support training and dry 
runs prior to the initial loading, NYPA requests the delivery of the 
first cask by the spring of 2001. Holtec states that to meet this 
schedule, fabrication, including material procurement, must begin in 
January 2000.
    The HI-STORM 100 cask system application, dated October 26, 1995, 
is under consideration by the Commission. It is anticipated that, if 
approved, the HI-STORM-100 cask system CoC may be issued by July 2000. 
The proposed procurement and the fabrication exemption will not 
authorize use of any Holtec cask to store spent fuel. That will occur 
only when, and if, a CoC is issued. An NRC approval of the procurement 
and grant of the fabrication exemption request should not be construed 
as an NRC commitment to favorably consider any Holtec application for a 
CoC. Holtec will bear the risk of all activities conducted under the 
exemption, including the risk that the three MPC-68 multi-purpose 
canisters, three HI-STORM 100 overpacks, and one HI-TRAC-125 transfer 
cask that Holtec plans to construct may not be usable because they may 
not meet specifications or conditions placed in a CoC that the NRC may 
ultimately approve.
    Environmental Impacts of the Proposed Action: Regarding the 
procurement approval and fabrication exemption, 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 nuclear fuel under a CoC and concluded that 
there would be no significant environmental impacts. The proposed 
action now under consideration would not permit use of the casks, but 
would only permit procurement and fabrication. There are no 
radiological environmental impacts from procurement or fabrication 
since cask material procurement and cask fabrication do not involve 
radioactive materials. The major non-radiological environmental impacts 
involve use of natural resources due to cask fabrication. Each MPC-68 
multi-purpose canister weighs approximately

[[Page 73595]]

44 tons and is made of steel. Each HI-STORM 100 overpack weighs 
approximately 100 tons and is constructed of metal and concrete. The 
HI-TRAC-125 transfer cask weighs approximately 125 tons and is made of 
structural steel and lead. The amount of materials required to 
fabricate these components is expected to have very little impact on 
the associated industry. Fabrication of the metal components would be 
at a metal fabrication facility, while fabrication of the concrete 
overpacks would be partially fabricated at the same metal fabrication 
facility, with only the concrete pours being done at JAF. The metal and 
concrete used in the fabrication of these components is insignificant 
compared to the amount of metal and concrete fabrication performed 
annually in the United States. If the components are not usable, the 
components could be disposed of or recycled. The amount of metal and 
concrete disposed of is insignificant compared to the amount of metal 
and concrete that is disposed of annually in the United States. Based 
upon this information, the fabrication of these components 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 actions, any 
alternatives with equal or greater environmental impact are not 
evaluated. The alternative to the proposed actions would be to deny 
approval of the exemption and, therefore, not allow fabrication until a 
CoC is issued. This alternative would have the same environmental 
impact.
    Given that there are no significant differences in environmental 
impact between the proposed action and the alternative considered and 
that the applicant has a legitimate need to procure materials and 
fabricate the components prior to certification and is willing to 
assume the risk that any fabricated components may not be approved or 
may require modification, the Commission concludes that the preferred 
alternative is to approve the procurement request and grant the 
exemption from the prohibition on fabrication prior to receipt of a 
CoC.
    Agencies and Persons Consulted: Mr. J. Spath, Director, Radioactive 
Waste Policy and Nuclear Coordination, New York Energy Research and 
Development Authority, was contacted about the Environmental Assessment 
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 
upon the foregoing Environmental Assessment, the Commission finds that 
the proposed action of approving procurement of materials for three 
MPC-68 multi-purpose canisters, three HI-STORM 100 overpacks, and one 
HI-TRAC-125 transfer cask, and granting an exemption from 10 CFR 
72.234(c) so that Holtec may fabricate these components prior to 
issuance of a CoC 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 on 
October 4, 1999. For further details with respect to this action, see 
the application for CoC for the HI-STORM 100 cask system, dated October 
26, 1995. On July 30, 1999, a preliminary Safety Evaluation Report and 
a proposed CoC for the HI-STORM 100 cask system were issued by the NRC 
staff to initiate the rulemaking process. The exemption request and CoC 
application are docketed under 10 CFR Part 72, Docket 72-1014. These 
documents are available for public inspection at the Commission's 
Public Document Room, 2120 L Street, NW, Washington, DC 20555.

    Dated at Rockville, Maryland, this 21st day of December 1999.

    For the Nuclear Regulatory Commission.
E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 99-33968 Filed 12-29-99; 8:45 am]
BILLING CODE 7590-01-P