[Federal Register Volume 66, Number 220 (Wednesday, November 14, 2001)]
[Rules and Regulations]
[Pages 56982-56985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28511]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG87
List of Approved Spent Fuel Storage Casks: FuelSolutionsTM Cask
System 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 BNFL Fuel Solutions
(FuelSolutionsTM) cask system listing within the ``List of
Approved Spent Fuel Storage Casks'' to include Amendment No. 2 to
Certificate of Compliance (CoC) Number 1026. Amendment No. 2 will
modify the Technical Specifications (TS). The current TS require that
if the W74 canister is required to be removed from its storage cask,
then the canister must be returned to the spent fuel pool. The modified
TS will allow the W74 canister to be placed in the transfer cask until
the affected storage cask is repaired or replaced. The TS will also be
modified
[[Page 56983]]
to clarify the description of the other non-fissile material permitted
to be stored in the W74 canister and to revise the temperatures to
correspond to the liner thermocouples. Specific changes will be made to
TS Tables 2.1-3 and 2.1-4; TS 3.3.2 and 3.3.3; and the bases for TS
3.3.2 and 3.3.3. No changes will be made to the conditions of the
Certificate of Compliance.
DATES: The final rule is effective January 28, 2002 unless significant
adverse comments are received by December 14, 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 If the rule is withdrawn, timely notice will be published in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 20555-0001, 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; 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. For more information, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by e-mail 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 CoC and preliminary safety evaluation report (SER)
can be found under ADAMS Accession No. ML012680428. 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 e-mail to [email protected].
CoC No. 1026, the revised Technical Specifications, and the
underlying Safety Evaluation Report 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 Merri Horn, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone (301) 415-8126, e-mail
[email protected].
FOR FURTHER INFORMATION CONTACT: Merri Horn, telephone (301) 415-8126,
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
January 16, 2001 (66 FR 3444) that approved the
FuelSolutionsTM cask design and added it to the list of NRC-
approved cask designs in Sec. 72.214 as CoC No. 1026.
Discussion
On March 20, 2001, and as supplemented on July 16, August 9, and
September 19, 2001, the certificate holder BNFL Fuel Solutions
submitted an application to the NRC to amend CoC No. 1026 to modify the
Technical Specifications (TS). The current TS require that if the W74
canister is required to be removed from its storage cask, then the
canister must be returned to the spent fuel pool. The modified TS will
allow the W74 canister to be placed in the transfer cask until the
affected storage cask is repaired or replaced. The TS will also be
modified to clarify the description of the other non-fissile material
permitted to be stored in the W74 canister and to revise the
temperatures to correspond to the liner thermocouples. Specific changes
will be made to TS Tables 2.1-3 and 2.1-4; TS 3.3.2 and 3.3.3; and the
bases for TS 3.3.2 and 3.3.3. No changes will be made to the conditions
of the Certificate of Compliance. The NRC staff performed a detailed
safety evaluation of the proposed CoC amendment request and found that
an acceptable safety margin is maintained. In addition, the NRC staff
has determined that there is still reasonable assurance that public
health and safety and the environment will be adequately protected.
This direct final rule revises the FuelSolutionsTM cask
system design listing in Sec. 72.214 by adding Amendment No. 2 to CoC
No. 1026. The amendment consists of changes to the TS to provide an
alternative to returning the W74 canister to the spent fuel building,
to clarify the description of the other non-fissile material permitted
to be stored in the W74 canister, and to revise the temperatures to
correspond to the liner thermocouples. Specific changes would be made
to TS Tables 2.1-3 and 2.1-4; TS 3.3.2 and 3.3.3; and the bases for TS
3.3.2 and 3.3.3.
The amended FuelSolutionsTM cask system, when used in
accordance with 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 and the
environment will continue to be ensured.
Discussion of Amendments by Section
Section 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1026 is revised by adding the effective date of
Amendment Number 2.
[[Page 56984]]
Procedural Background
This rule is limited to the changes contained in Amendment 2 to CoC
No. 1026 and does not include other aspects of the
FuelSolutionsTM 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 and the environment continues to be ensured. The amendment
to the rule will become effective on January 28, 2002. However, if the
NRC receives significant adverse comments by December 14, 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 NRC 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.
These comments will be addressed in a subsequent final rule. The
NRC will not initiate a second comment period on this action. However,
if the NRC receives significant adverse comments by December 14, 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.
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
FuelSolutionsTM cask system design listed in Sec. 72.214
(List of NRC-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 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 would amend the CoC for the FuelSolutionsTM 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. Amendment No. 2 will modify the Technical Specifications (TS).
The current TS require that if the W74 canister is required to be
removed from its storage cask, then the canister must be returned to
the spent fuel pool. The modified TS will allow the W74 canister to be
placed in the transfer cask until the affected storage cask is repaired
or replaced. The TS will also be modified to clarify the description of
the other non-fissile material permitted to be stored in the W74
canister, and to revise the temperatures to correspond to the liner
thermocouples. Specific changes will be made to TS Tables 2.1-3 and
2.1-4; TS 3.3.2 and 3.3.3; and the bases for TS 3.3.2 and 3.3.3. No
changes will be made to the conditions of the Certificate of
Compliance.
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 Merri Horn, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-8126, 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 January 16, 2001 (66 FR 3444), the NRC
issued an amendment to
[[Page 56985]]
part 72 that approved the FuelSolutionsTM cask design by
adding it to the list of NRC-approved cask designs in Sec. 72.214. On
March 20, 2001, and as supplemented on July 16, August 9, and September
19, 2001, the certificate holder BNFL Fuel Solutions, submitted an
application to the NRC to amend CoC No. 1026 to modify the TS.
Amendment No. 2 will modify the Technical Specifications (TS). The
current TS require that if the W74 canister is required to be removed
from its storage cask, then the canister must be returned to the spent
fuel pool. The modified TS will allow the W74 canister to be placed in
the transfer cask until the affected storage cask is repaired or
replaced. The TS will also be modified to clarify the description of
the other non-fissile material permitted to be stored in the W74
canister, and to revise the temperatures to correspond to the liner
thermocouples. Specific changes will be made to TS Tables 2.1-3 and
2.1-4; TS 3.3.2 and 3.3.3; and the bases for TS 3.3.2 and 3.3.3. No
changes will be made to the conditions of the Certificate of
Compliance.
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 or the environment. 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 environment 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 will not, if issued, 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
BNFL Fuel Solutions. 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 1026 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1026.
Initial Certificate Effective Date: February 15, 2001.
Amendment Number 1 Effective Date: May 14, 2001.
Amendment Number 2 Effective Date: January 28, 2002.
SAR Submitted by: BNFL Fuel Solutions.
SAR Title: Final Safety Analysis Report for the FuelSolutions\TM\
Spent Fuel Management System.
Docket Number: 72-1026.
Certificate Expiration Date: February 15, 2021.
Model Number: WSNF-220, WSNF-221, and WSNF-223 systems; W-150
storage cask; W-100 transfer cask; and the W-21 and W-74 canisters.
* * * * *
Dated at Rockville, Maryland, this 25th day of October, 2001.
For the Nuclear Regulatory Commission.
William F. Kane,
Acting Executive Director for Operations.
[FR Doc. 01-28511 Filed 11-13-01; 8:45 am]
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