[Federal Register Volume 66, Number 200 (Tuesday, October 16, 2001)]
[Rules and Regulations]
[Pages 52486-52489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25890]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG77
List of Approved Spent Fuel Storage Casks: NAC-UMS Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations revising the NAC-UMS Universal Storage System listing
within the ``List of Approved Spent Fuel Storage Casks'' to include
Amendment No. 2 to Certificate of Compliance Number 1015. Amendment No.
2 will add miscellaneous spent fuel related components to the approved
contents list for the NAC-UMS Universal Storage System and change the
required actions in response to a failure of the cask heat removal
system. Several other minor administrative changes will be made, which
are discussed in Section 12 of the Safety Evaluation Report. Specific
changes will be made to Technical Specifications (TS) to permit the
storage of these components and the other requested changes. Changes
will also be made to Conditions 1b and 6 of the Certificate of
Compliance.
DATES: The final rule is effective December 31, 2001, unless
significant adverse comments are received by November 15, 2001. 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. If the rule is withdrawn, timely notice will be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-
[[Page 52487]]
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.
Certain documents related to this rulemaking, as well as all public
comments received on this rulemaking, may be viewed and downloaded
electronically via the NRC's rulemaking website at http://ruleforum.llnl.gov. You may also provide comments via this website by
uploading 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; email [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. 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].
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. An electronic
copy of the proposed Certificate of Compliance (CoC) and preliminary
safety evaluation report (SER) can be found under ADAMS Accession No.
ML011990392. If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
PDR Reference staff at 1-800-397-4209, 301-415-4737, or by email to
[email protected].
CoC No. 1015, the revised TS, the underlying SER for Amendment No.
2, and the Environmental Assessment are available for inspection at the
NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single
copies of these documents may be obtained from Jayne M. McCausland,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, email [email protected].
FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, telephone (301)
415-6219, email [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
October 19, 2000 (65 FR 62581) that approved the NAC-UMS cask design by
adding it to the list of NRC-approved cask designs in Sec. 72.214 as
Certificate of Compliance Number (CoC No.) 1015.
Discussion
On October 17, 2000, and as supplemented on December 7, 2000, April
27, 2001, July 5, 2001, July 18, 2001, July 19, 2001, July 26, 2001,
and August 1, 2001, the applicant (NAC International, Inc.) submitted
an application and associated Safety Analysis Report to the NRC to
amend CoC No.1015 to add miscellaneous spent fuel related components to
the approved contents list for the NAC-UMS Universal Storage System and
to change the required actions in response to a failure of the cask
heat removal system. The applicant requested changes to the authorized
contents to include components associated with the spent fuel
assemblies, as follows:
(1) A segment of an In-Core Instrumentation (ICI) string located
within a fuel assembly.
(2) Three plutonium-beryllium (Pu-Be) startup sources located
within the fuel assemblies.
(3) Two antimony-beryllium (Sb-Be) sources located within the fuel
assemblies.
(4) Control Element Assembly (CEA) Finger Tip located within a fuel
assembly.
The applicant also requested deletion of the technical
specification requirement to place the canister in the transfer cask if
the vertical concrete cask's vents cannot be unblocked within the
required completion time because the risk associated with the concrete
cask not performing its thermal function is minimal. Other minor
administrative changes were also requested. These minor changes are
discussed in Section 12 of the SER.
CoC Condition 1b will be changed to allow storage of pressurized
water reactor (PWR) fuel assemblies that may include components
associated with the assemblies. Also, CoC Condition 6 will be changed
to more clearly allow storage of the fuel related components.
The NRC staff performed a detailed safety evaluation of the
proposed CoC amendment request and found that the requested 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 NAC-UMS cask design listing in
Sec. 72.214 by adding Amendment No. 2 to CoC No. 1015. The amendment
consists of adding miscellaneous spent fuel related components to the
approved contents list for the NAC-UMS Universal Storage System and
changing the required actions in response to a failure of the cask heat
removal system. Also, other administrative changes will be made.
Specific changes will be made to TS SR 3.1.2.1, SR 3.1.3.1, LCO 3.1.6,
SR 3.2.1.1, A 5.3, A 5.7, B2.1, B 2.1.3, and Tables B2-2, B2-6, and B2-
7 to permit the storage of these components and the other requested
changes. Other Technical Specification sections will be changed for
correction of typographical, spelling, and other minor editorial
errors.
The amended NAC-UMS cask system, when used under the conditions
specified in the CoC, the TS, and NRC regulations, will meet the
requirements of Part 72; thus, adequate protection of public health and
safety will continue to be ensured.
[[Page 52488]]
Discussion of Amendments by Section
Sec. 72.214 List of approved spent fuel storage casks.
Certificate No. 1015 is revised by adding the effective date of
Amendment Number 2.
Procedural Background
This rule is limited to the changes contained in Amendment 2 to CoC
No. 1015 and does not include other aspects of the NAC-UMS cask system
design. The NRC is using the ``direct final rule procedure'' to issue
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. The
amendment to the rule will become effective on December 31, 2001.
However, if the NRC receives significant adverse comments by November
15, 2001, then the NRC will publish a document that withdraws this
action and will address the comments received in response to the
proposed amendments published elsewhere in this issue of the Federal
Register. 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, in a substantive response:
(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 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 to the CoC or
TS.
Any comments that are received by the NRC will be addressed in a
subsequent final rule. The NRC will not initiate a second comment
period on this action.
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 would revise the NAC-
UMS cask system design listed in Sec. 72.214 (List of approved spent
fuel storage cask designs). This action does not constitute the
establishment of a standard that establishes generally applicable
requirements.
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, is not a major Federal action significantly
affecting the quality of the human environment and, therefore, an
environmental impact statement is not required. The rule amends the CoC
for the NAC-UMS 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. The amendment modifies the
present cask system design to add miscellaneous spent fuel related
components to the approved contents list for the NAC-UMS Universal
Storage System and changes the required actions in response to a
failure of the cask heat removal system. Other minor administrative
changes are also made. 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. Single copies of the environmental assessment and
finding of no significant impact are available from Jayne M.
McCausland, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301) 415-6219, 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.
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. Any nuclear power
reactor licensee can use 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 CoC, and the conditions of
the general license are met. A list of NRC-approved cask designs is
contained in Sec. 72.214. On October 19, 2000 (65 FR 62581), the NRC
issued an amendment to Part 72 that approved the NAC-UMS cask design by
adding it to the list of NRC-approved cask designs in Sec. 72.214. On
October 17, 2000, and as supplemented on April 27, 2001, July 5, 2001,
July 18, 2001, July 19, 2001, July 26, 2001, and August 1, 2001, NAC
International, Inc., submitted an application to the NRC to amend CoC
No. 1015 to add miscellaneous spent fuel related components to the
approved contents list for the NAC-UMS Universal Storage System and to
change
[[Page 52489]]
the required actions in response to a failure of the cask heat removal
system. Other minor administrative changes were also requested.
This direct final rule revises the NAC-UMS cask design listing in
Sec. 72.214 by adding Amendment No. 2 to CoC No. 1015. The amendment
consists of adding miscellaneous spent fuel related components to the
approved contents list for the NAC-UMS Universal Storage System and
changing the required actions in response to a failure of the cask heat
removal system. Also, other administrative changes will be made.
Specific changes will be made to TS SR 3.1.2.1, SR 3.1.3.1, LCO 3.1.6,
SR 3.2.1.1, A 5.3, A 5.7, B2.1, B 2.1.3, and Tables B2-2, B2-6, and B2-
7 to permit the storage of these components and the other requested
changes. Other Technical Specification sections will be changed for
correction of typographical, spelling, and other minor editorial
errors. Changes will also be made to Conditions 1b and 6 of the CoC.
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.
The direct final rule eliminates the described problem and is
consistent with previous NRC actions. Further, the direct final rule
has 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.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the NRC certifies that this rule does not 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 NAC
International, 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.
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.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Criminal penalties, Manpower
training programs, 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; 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 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. 102-
486, sec. 7902, 106 Stat. 3123 (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 1015 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1015.
Initial Certificate Effective Date: November 20, 2000.
Amendment Number 1 Effective Date: February 20, 2001.
Amendment Number 2 Effective Date: December 31, 2001.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC-UMS Universal
Storage System.
Docket Number: 72-1015.
Certificate Expiration Date: November 20, 2020.
Model Number: NAC-UMS.
* * * * *
Dated at Rockville, Maryland, this 1st day of October, 2001.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-25890 Filed 10-15-01; 8:45 am]
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