[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Rules and Regulations]
[Pages 60339-60342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25913]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 /
Rules and Regulations
[[Page 60339]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG58
List of Approved Spent Fuel Storage Casks: HI-STAR 100 Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations by revising the Holtec International HI-STAR 100 cask
system listing within the ``List of approved spent fuel storage casks''
to include Amendment No. 1 to the Certificate of Compliance (CoC).
Amendment No. 1 revises the HI-STAR 100 cask system in seven areas and
includes changes to the CoC and Technical Specifications. The seven
areas involve: revision of the existing fuel specification tables;
addition of pressurized water reactor Burnable Poison Rod Assemblies
and Thimble Plug Devices; addition of two new classes of fuel to the
fuel specification tables; addition of a new damaged fuel container;
addition of thoria rods in canisters; addition of antimony-beryllium
neutron sources [i.e., reactor startup sources]; and clarifications,
editorial corrections, and other minor changes to cask design
information and drawings. The CoC was revised to require users to
prepare written acceptance tests and a maintenance program consistent
with the technical basis described in the Safety Analysis Report (SAR).
In addition, the amendment includes two minor changes to the HI-STAR
100 listing in the regulations. This amendment will allow the holders
of power reactor operating licenses to store spent fuel in the HI-STAR
100 cask system, as amended, under a general license.
DATES: The final rule is effective December 26, 2000, unless
significant adverse comments are received by November 13, 2000. If
adverse comments are received, a timely notice of withdrawal will be
published in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. Attention: Rulemakings and
Adjudications Staff.
Deliver comments to 11555 Rockville Pike, Rockville, Maryland,
between 7:30 a.m. and 4:15 p.m. on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
website (http://ruleforumllnl.gov). This site provides the capability
to upload comments as files (any format), if your web browser supports
that function. For information about the interactive rulemaking
website, contact Ms. Carol Gallagher, (301) 415-5905 (e-mail:
[email protected]).
Certain documents related to this rule, including comments received
by the NRC, may be examined at the NRC Public Document Room, 2120 L
Street, NW (Lower Level), Washington, DC. Beginning September 26, 2000
the NRC Public Document Room will be located at 11555 Rockville Pike,
Rockville, MD. These documents also may be viewed and downloaded
electronically via the rulemaking website.
Documents created or received at the NRC after November 1, 1999,
are also available electronically at the NRC's Public Electronic
Reading Room on the Internet at http://www.nrc.gov/NRC/ADAMS/index.html. From this site, the public can gain entry into the NRC's
Agencywide Document Access and Management System (ADAMS), which
provides text and image files of the NRC's public documents. An
electronic copy of the proposed CoC and preliminary safety evaluation
report (SER) can be found in ADAMS under Accession No. ML003726991. For
more information, contact the NRC Public Document Room reference staff
at 1-800-397-4209, 202-634-3273 or by email to [email protected].
FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, telephone (301) 415-
6195, e-mail [email protected] of the Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended
(NWPA), requires that ``[t]he 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 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 ``[t]he Commission shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under Section 218(a) for use at the site of any civilian
nuclear power reactor.''
To implement this mandate, the NRC approved dry storage of spent
nuclear fuel in NRC-approved casks under a general license, publishing
a final rule in 10 CFR Part 72 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 within 10 CFR Part 72
entitled ``Approval of Spent Fuel Storage Casks,'' containing
procedures and criteria for obtaining NRC approval of dry storage cask
designs.
The NRC subsequently issued a final rule on September 3, 1999 (64
FR 48274), that approved the HI-STAR 100 cask design, added it to the
list of NRC-approved cask designs in Sec. 72.214, and issued
Certificate of Compliance Number (CoC No.) 1008.
Discussion
On November 24, 1999, Holtec International (the certificate
holder), submitted an application to the NRC to amend CoC No. 1008 and
supplemented the application on February 4, 18, and 28, March 2, 16,
and 31, and May 23, 2000. Amendment No. 1 revises the HI-STAR 100 cask
system in seven areas and includes changes to the CoC and Technical
Specifications. The seven areas involve: (1) Revision of the existing
fuel specification tables; (2)
[[Page 60340]]
addition of pressurized water reactor (PWR) Burnable Poison Rod
Assemblies (BPRAs) and Thimble Plug Devices (TPDs); (3) addition of two
new classes of fuel to the fuel specification tables; (4) addition of a
new damaged fuel container that can contain fuel assemblies with known
or suspected defects, such as ruptured fuel rods, severed rods, loose
pellets; (5) addition of thoria rods in canisters; (6) addition of
antimony-beryllium neutron sources [i.e., reactor startup sources]; and
(7) clarifications, editorial corrections, and other minor changes to
cask design information and drawings. The staff revised the CoC to
include Condition 3 that requires users to prepare written acceptance
tests and maintenance program consistent with the technical basis
described in Chapter 9 of the SAR. This was done for consistency with
other CoC's, in particular, the Hi-STORM 100.
In addition, the amendment includes two minor changes to the HI-
STAR 100 listing in Sec. 72.214 of the regulations. First, the
``Certification Expiration Date'' is changed to ``Certificate
Expiration Date.'' Second, ``Final'' is added to the title of the SAR.
This amendment will allow the holders of power reactor operating
licenses to store spent fuel in the HI-STAR 100 cask system, as
amended, under a general license. These changes are described in the
Revision History for Amendment 1 (CoC, Appendices A and B). The NRC
staff performed a safety evaluation of the amendment request and found
that the changes provide reasonable assurance that the spent fuel can
be stored safely and in compliance with 10 CFR Part 72. The NRC staff
documented its review and evaluation in a Safety Evaluation Report.
This direct final rule will revise the Holtec International HI-STAR 100
cask system listing within the list of NRC-approved casks for spent
fuel storage in Sec. 72.214 by adding Amendment No. 1 to CoC No. 1008.
The amended HI-STAR 100 cask system, when used under the conditions
specified in the CoC and NRC regulations, will meet the requirements of
10 CFR Part 72; thus, adequate protection of public health and safety
will continue to be ensured. Amendment No. 1 applies to any HI-STAR 100
cask loaded after December 26, 2000.
Amendment No. 1 to CoC No. 1008 and the underlying SER, and the
Environmental Assessment and Finding of No Significant Impact are
available for inspection and comment through September 21, 2000, at the
NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington,
DC. Beginning September 26, 2000, the NRC Public Document Room wil be
located at 11555 Rockville Pike, Rockvill, MD. Single copies of the CoC
and SER may be obtained from Gordon Gundersen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, telephone (301) 415-6195, email [email protected]. An
electronic copy of the proposed CoC and preliminary SER can be found in
the NRC's Electronic Reading Room http://www.nrc.gov/NRC/ADAMS/index.html under Accession No. ML003726991.
Discussion of Amendments by Section
Sec. 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1008 will be revised indicating the addition of
Amendment No. 1 and its effective date. Also, the ``Certification
Expiration Date'' is changed to ``Certificate Expiration Date,'' and
``Final'' is added to the title of the safety analysis report.
Procedural Background
This rule is limited to the changes contained in Amendment No. 1 to
CoC No. 1008 and does not include other aspects of the HI-STAR 100 cask
system design. Because NRC considers this amendment to its rules to be
noncontroversial and routine, the NRC is using the direct final rule
procedure for this rule. This amendment will become effective on
December 26, 2000. However, if the NRC receives significant adverse
comments by November 13, 2000, then the NRC will publish a document
that withdraws this action and will address the comments received in
response to the amendments. These comments will be addressed in a
subsequent final rule. Absent significant modification to the revisions
requiring republication, the NRC will not initiate a second comment
period on this action.
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 (AEA), or the provisions of Title 10 of the Code of
Federal Regulations. Although an Agreement State may not adopt program
elements reserved to NRC, it may wish to inform its licensees of
certain requirements via a mechanism that is consistent with the
particular State's administrative procedure laws, but does not confer
regulatory authority on the State.
Plain Language
The Presidential Memorandum dated June 1, 1998, entitled ``Plain
Language in Government Writing,'' directed that the Government's
writing be in plain language. The NRC requests comments on this direct
final rule specifically with respect to the clarity and effectiveness
of the language used. Comments should be sent to the address listed
under the heading ADDRESSES, above.
Finding of No Significant Environmental Impact: Availability
Under the National Environmental Policy Act of 1969, as amended,
and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has
determined that this rule, if adopted, would not be a major Federal
action significantly affecting the quality of the human environment
and, therefore, an environmental impact statement is not required. The
rule will add Amendment No. 1 to the HI-STAR 100 cask system to the
list of approved spent fuel storage casks that power reactor licensees
can use to store spent fuel at reactor sites without additional site-
specific approvals by the NRC.
Amendment No. 1 revises the HI-STAR 100 cask system in seven areas
and includes changes to the CoC and Technical Specifications. The seven
areas involve: (1) Revision of the existing fuel specification tables;
(2) addition of pressurized water reactor (PWR) Burnable Poison Rod
Assemblies (BPRAs) and Thimble Plug Devices (TPDs); (3) addition of two
new classes of fuel to the fuel specification tables; (4) addition of a
new damaged fuel container; (5) addition of thoria rods in canisters;
(6) addition of antimony-beryllium neutron sources [i.e., reactor
startup sources]; and (7) clarifications, editorial corrections, and
other minor changes to cask design information and drawings. The staff
revised the CoC to include Condition 3 that requires users to prepare
written acceptance tests and maintenance program consistent with the
technical basis described in Chapter 9 of the SAR. This was done for
consistency with other CoCs, in particular the HI-STORM 100.
In addition, the amendment includes two minor changes to HI-STAR
100 listing in Sec. 72.214 of the regulations. First, ``Certification
Expiration Date'' is changed to ``Certificate Expiration
[[Page 60341]]
Date.'' Second, ``Final'' is added to the title of the safety analysis
report. The environmental assessment and finding of no significant
impact on which this determination is based are available for
inspection at the NRC Public Document Room, 2120 L Street NW. (Lower
Level), Washington, DC through September 21, 2000. Beginning September
26, 2000, the NRC Public Document Room will located at 11555 Rockville
Pike, Rockville, MD. Single copies of the environmental assessment and
finding of no significant impact are available from Gordon Gundersen,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, Telephone (301) 415-6195,
email [email protected]. An electronic copy of the proposed environmental
assessment and finding of no significant impact can be found in the
NRC's Electronic Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html.
Paperwork Reduction Act Statement
This direct final rule does not contain a new or amended
information collection requirement subject to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were
approved by the Office of Management and Budget, Approval Number 3150-
0132.
Public Protection Notification
If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, the information
collection.
Voluntary Consensus Standards
The National Technology Transfer Act of 1995 (Pub. L. 104-113)
requires that Federal agencies use technical standards that are
developed or adopted by voluntary consensus standards bodies unless the
use of such a standard is inconsistent with applicable law or otherwise
impractical. In this direct final rule, the NRC will revise the Holtec
International HI-STAR 100 cask system listing within the list of NRC
approved casks for spent fuel storage in 10 CFR 72.214. This action
does not constitute the establishment of a standard that establishes
generally-applicable requirements.
Regulatory Analysis
On July 18, 1990 (55 FR 29181), the Nuclear Regulatory Commission
(NRC) issued an amendment to 10 CFR Part 72 to provide for the storage
of spent nuclear fuel under a general license in cask system designs
approved by the NRC. Any nuclear power reactor licensee can use NRC-
approved casks to store spent nuclear fuel if it notifies the NRC in
advance, spent fuel is stored under the conditions specified in the
cask's Certificate of Compliance, and the conditions of the general
license are met.
A list of NRC-approved cask system designs is contained in
Sec. 72.214. On September 3, 1999 (64 FR 48274), the NRC issued an
amendment to Part 72 that approved the HI-STAR 100 cask design, added
it to the list of NRC-approved cask designs in Sec. 72.214, and issued
CoC No. 1008. On November 24, 1999, the certificate holder submitted an
application to the NRC to amend the Technical Specifications and CoC
No. 1008. Amendment No. 1 revises the HI-STAR 100 cask system in seven
areas and includes changes to the CoC and Technical Specifications. The
seven areas involve: (1) Revision of the existing fuel specification
tables; (2) addition of pressurized water reactor (PWR) Burnable Poison
Rod Assemblies (BPRAs) and Thimble Plug Devices (TPDs); (3) addition of
two new classes of fuel to the fuel specification tables; (4) addition
of a new damaged fuel container; (5) addition of thoria rods in
canisters; (6) addition of antimony-beryllium neutron sources [i.e.,
reactor startup sources]; and (7) clarifications, editorial
corrections, and other minor changes to cask design information and
drawings. In addition, the amendment includes two minor changes to HI-
STAR 100 listing in Sec. 72.214 of the regulations. First, the
``Certification Expiration Date'' is changed to ``Certificate
Expiration Date.'' Second, ``Final'' is added to the title of the
safety analysis report. This amendment will allow holders of power
reactor operating licenses to store spent fuel in the HI-STAR 100 cask
system.
This rule will permit manufacture of casks under the revisions in
Amendment 1. The alternative to this action is to withhold approval of
this amended cask system design and give a site-specific license to
each utility that proposes to use the casks. This alternative would
cost both the NRC and the utilities more time and money because each
utility would have to pursue a new site-specific license. Conducting
site-specific reviews would be in conflict with the Nuclear Waste
Policy Act of 1982, as amended (NWPA), which directed to the NRC to
approve technologies for the use of spent fuel storage at the sites of
civilian nuclear power reactors without, to the maximum extent
practicable, the need for additional site-specific approvals by the
NRC. This alternative does not foster competition because it would tend
to favor new vendors without cause and would arbitrarily limit the
choice of cask system designs available to power reactor licensees.
Approval of the direct final rule would eliminate the problems
described above and is consistent with previous NRC actions. Further,
the direct final rule will have no adverse effect on public health and
safety. This direct final rule has no significant identifiable impact
or benefit on other Government agencies. Based on the above discussion
of the benefits and impacts of the alternatives, 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 thus, this action is recommended.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs, Office of Management and Budget.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the NRC certifies that this rule will not, if promulgated,
have a significant economic impact on a substantial number of small
entities. This direct final rule affects only the licensing and
operation of nuclear power plants, independent spent fuel storage
facilities, and Holtec International. The companies that own these
plants do not fall within the scope of the definition of ``small
entities'' set forth in the Regulatory Flexibility Act or the Small
Business Size Standards set out in regulations issued by the Small
Business Administration at 13 CFR Part 121.
Backfit Analysis
The NRC has determined that the backfit rule (10 CFR 50.109 or 10
CFR 72.62) does not apply to this direct final rule because this
amendment does not involve any provisions that would impose backfits as
defined. Therefore, a backfit analysis is not required.
List of Subjects In 10 CFR Part 72
Criminal penalties, Manpower training programs, Nuclear materials,
Occupational safety and health, Reporting and recordkeeping
[[Page 60342]]
requirements, Security measures, Spent fuel.
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; and 5 U.S.C. 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 AND HIGH-LEVEL RADIOACTIVE WASTE
1. The authority citation for Part 72 continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat.
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 10d-
48b, sec. 7902, 10b Stat. 31b3 (42 U.S.C. 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148,
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153,
10155, 10157, 10161, 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101,
10137(a), 10161(h)). Subparts K and L are also issued under sec.
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252
(42 U.S.C. 10198).
2. In Section 72.214, Certificate of Compliance 1008 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1008.
Initial Certificate Effective Date: October 4, 1999.
Amendment Number 1 Effective Date: December 26, 2000.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STAR 100 Cask
System.
Docket Number: 72-1008.
Certificate Expiration Date: October 4, 2019.
Model Number: HI-STAR 100.
* * * * *
Dated at Rockville, Maryland, this 20th day of September, 2000.
For the Nuclear Regulatory Commission.
Frank J. Miraglia, Jr.,
Acting Executive Director for Operations.
[FR Doc. 00-25913 Filed 10-10-00; 8:45 am]
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