[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Rules and Regulations]
[Pages 75853-75855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30906]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 /
Rules and Regulations
[[Page 75853]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG66
List of Approved Spent Fuel Storage Casks: TN-32 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 Transnuclear, Inc. TN-32 cask system
listing within the ``List of Approved Spent Fuel Storage Casks'' to
include Amendment No. 1 to the Certificate of Compliance (CoC). This
amendment will allow holders of power reactor operating licenses to
store spent fuel in the cask under the revised conditions. The changes
proposed for Amendment No. 1 to the TN-32 CoC include the addition of
the B&W/FCF 17 x 17 Mark BW assembly to the Technical Specification for
``Fuel to be stored in the TN-32 Cask,'' with revised bounding
characteristics, and (2) a revised TS for ``Site Specific Parameters
and Analysis,'' to allow analysis of verification of allowable seismic
loads.
DATES: The final rule is effective February 20, 2001, unless
significant adverse comments are received by January 4, 2001. If the
rule is withdrawn, timely notice will be published in the Federal
Register.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attn: Rulemakings and
Adjudications Staff. Deliver comments to 11555 Rockville Pike,
Rockville, MD, 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://ruleforum.llnl.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 site,
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, 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 Documents Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. For more
information, contact the NRC Public Document Room (PDR) Reference staff
at 1-800-397-4209, 301-415-4737, or by email to [email protected].
FOR FURTHER INFORMATION CONTACT: Roger W. Broseus, telephone (301) 415-
7608, 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
(DOE)] 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 ``[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 by
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 spent fuel
storage cask designs. The NRC subsequently issued a final rule on March
20, 2000 (65 FR 14790) that approved the TN-32 cask design and added it
to the list of NRC-approved cask designs in Sec. 72.214 as Certificate
of Compliance Number (CoC No.) 1021.
Discussion
On April 23, 1999, and February 29, 2000, the certificate holder
(Transnuclear, Inc.) submitted applications to the NRC to amend the
Certificate of Compliance (CoC, No. 1021) to allow holders of power
reactor operating licenses to store spent fuel in the cask under
revised conditions. The changes requested include: (1) Addition of B&W/
FCF 17 x 17 Mark BW assembly to Technical Specification (TS) 2.1,
``Fuel to be stored in the TN-32 Cask,'' with revised bounding
characteristics, and (2) revision of the TS 4.3.3, ``Site Specific
Parameters and Analysis'' to allow analysis of verification of
allowable seismic loads. No other changes to the TN-32 cask system
design were requested in this application. The NRC staff performed a
detailed safety evaluation of the proposed CoC amendment request and
found that the proposed changes do not reduce the safety margin. In
addition, the NRC staff has determined that the changes do not pose any
increased risk to public health and safety.
This direct final rule revises the TN-32 cask design listing in
Sec. 72.214 by adding Amendment No. 1 to CoC No. 1021. The amendment
consists of two changes to the TSs. The first allows the storage of an
additional type of spent fuel in the TN-32 cask system, with its
bounding characteristics. The second changes the site-specific seismic
horizontal and vertical acceleration limits from discrete values to two
equations. The latter change increases a
[[Page 75854]]
general licensee's flexibility by making the technical specification
more performance based. The particular TSs being changed are identified
in the NRC Staff's Safety Evaluation Report (SER) for Amendment No. 1.
The amended TN-32 cask system, when used under the conditions
specified in the CoC, the Technical Specifications, and NRC
regulations, will meet the requirements of Part 72; thus, adequate
protection of public health and safety will continue to be ensured.
CoC No. 1021, the revised TSs, the underlying SER for Amendment No.
1, and the Environmental Assessment are available for inspection at the
NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single
copies of the CoC may be obtained from Roger W. Broseus, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, telephone (301) 415-7608, email
[email protected]. An electronic copy of the proposed CoC and preliminary SER
can be found in the NRC's Public Electronic Reading Room on the
Internet at http://www.nrc.gov/NRC/ADAMS/index.html.
Discussion of Amendments by Section
Section 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1021 is revised by adding the effective date of the
initial certificate and the effective date of Amendment Number 1. In
addition, two technical specifications are modified. The first allows
the storage of an additional type of spent fuel in the TN-32 cask
system with its bounding characteristics. The second changes the site-
specific seismic horizontal and vertical acceleration limits from
discrete values to two equations. The latter change increases a general
licensee's flexibility by making the technical specification more
performance based.
Procedural Background
This rule is limited to the changes contained in Amendment 1 to CoC
No. 1021 and does not include other aspects of the TN-32 cask system
design. The NRC is using the ``direct final rule procedure'' to
promulgate 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. This amendment is not considered to be a significant amendment
by the NRC staff. The amendment to the rule will become effective on
February 20, 2001. However, if the NRC receives significant adverse
comments by January 4, 2001, then the NRC will publish a document that
withdraws this action and will address the comments received in
response to the amendment. These comments will be addressed in a
subsequent final rule. 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 the 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 amend the CoC for the TN-32 cask system 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. This
amendment will allow holders of power reactor operating licenses to
store spent fuel in the cask under revised conditions. The changes
proposed for Amendment No. 1 to the TN-32 CoC include: (1) Addition of
B&W/FCF 17 x 17 Mark BW assembly to TS 2.1, ``Fuel to be stored in the
TN-32 Cask,'' with revised bounding characteristics, and (2) revised TS
4.3.3, ``Site Specific Parameters and Analysis'' to allow analysis of
allowable seismic loads. 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, 11555 Rockville Pike,
Rockville, MD. Electronic copies the environmental assessment and
finding of no significant impact can be found in the NRC's Public
Electronic Reading Room on the Internet at http://www.nrc.gov/NRC/ADAMS/index.html; single copies are available from Roger W. Broseus,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, telephone (301) 415-7608,
email [email protected].
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 TN-32
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 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 designs approved
by the NRC. Any nuclear power reactor licensee can use
[[Page 75855]]
NRC-approved cask designs 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 (CoC), and the conditions of
the general license are met. A list of NRC-approved cask designs is
contained in Sec. 72.214. On March 20, 2000 (65 FR 14790), the NRC
issued an amendment to Part 72 that approved the TN-32 cask design by
adding it to the list of NRC-approved cask designs in Sec. 72.214. On
April 23, 1999, and February 29, 2000, the certificate holder
(Transnuclear, Inc.) submitted applications to the NRC to amend the
Certificate of Compliance (CoC, No. 1021) to allow holders of power
reactor operating licenses to store spent fuel in the cask under
revised conditions. The changes requested include: (1) addition of B&W/
FCF 17 x 17 Mark BW assembly to TS 2.1, ``Fuel to be stored in the TN-
32 Cask,'' with revised bounding characteristics and (2) revision of TS
4.3.3, ``Site Specific Parameters and Analysis'' to allow analysis of
verification of allowable seismic loads.
This rule will permit the changes requested by the certificate
holder. The alternative to this action is to withhold approval of this
amended cask system design and issue an exemption to each general
license. This alternative would cost both the NRC and the utilities
more time and money because each utility would have to pursue an
exemption.
Approval of the direct final rule will eliminate the above
described problem 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 Transnuclear, Inc. 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
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 Sec. 72.214, Certificate of Compliance 1021 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1021
Initial Certificate Effective Date: April 19, 2000
Amendment Number 1 Effective Date: February 20, 2001
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the TN-32 Dry Storage Cask
Docket Number: 72-1021
Certificate Expiration Date: April 19, 2020
Model Number: TN-32, TN-32A, TN-32B
* * * * *
Dated at Rockville, Maryland, this 16th day of November, 2000.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 00-30906 Filed 12-4-00; 8:45 am]
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