[Federal Register Volume 68, Number 194 (Tuesday, October 7, 2003)]
[Rules and Regulations]
[Pages 57785-57788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25366]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AH27
List of Approved Spent Fuel Storage Casks: Standardized NUHOMS
[reg]-24P, -52B, -61BT, -32PT, and -24PHB 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 Transnuclear, Inc., Standardized NUHOMS''
Horizontal Modular Storage System (Standardized NUHOMS'' System)
listing within the ``List of approved spent fuel storage casks'' to
include Amendment No. 6 in Certificate of Compliance (CoC) Number 1004.
Amendment No. 6 will add the NUHOMS'-24PHB cask design to the
Standardized NUHOMS'' System. The NUHOMS'-24PHB cask will permit a part
72 licensee to store high burnup Babcock & Wilcox 15x15 spent fuel
assemblies with an average burnup of up to 55,000 megawatt-days/metric
ton of uranium, enrichment equal to 4.5 weight percent uranium-235, a
maximum decay heat load of 1.3 kilowatt (kW) per assembly, and a
maximum heat load of 24 kW per cask, under a general license.
DATES: The final rule is effective December 22, 2003, unless
significant adverse comments are received by November 6, 2003. A
significant adverse comment is one which 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the rule is withdrawn, timely notice will be published in the Federal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: You may submit comments by any one of the following methods.
Please include the following number (RIN 3150-AH27) in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available to the public in their entirety
on the NRC rulemaking Web site. Personal information will not be
removed from your comments.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not receive a reply e-
mail
[[Page 57786]]
confirming that we have received your comments, contact us directly at
(301) 415-1966. You may also submit comments via the NRC's rulemaking
Web site at http://ruleforum.llnl.gov. Address questions about our
rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail
[email protected].
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 am and 4:15 pm Federal workdays [telephone (301)
415-1966].
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this rulemaking may be
viewed electronically on public computers located at the NRC's Public
Document Room (PDR), Public File Area O-1F21, One White Flint North,
11555 Rockville Pike, Rockville, Maryland. The PDR reproduction
contractor will copy documents for a fee. Selected documents, including
comments, can be viewed and downloaded electronically via the NRC
rulemaking Web site at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, are available electronically at the NRC's Electronic
Reading Room 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 NRC's public documents. 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]. An electronic copy of the proposed CoC and
preliminary Safety Evaluation Report (SER) can be found under ADAMS
Accession Nos. ML031980369 and ML031980374.
CoC No. 1004, the revised Technical Specifications (TS), the
underlying SER for Amendment No. 6, and the Environmental Assessment
(EA) may be viewed electronically on public computers located at the
NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single
copies of these documents may be obtained from Margaret Stambaugh,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
5449, e-mail [email protected].
FOR FURTHER INFORMATION CONTACT: Margaret Stambaugh, telephone (301)
415-5449, 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
December 22, 1994 (59 FR 65920), that approved the Standardized
NUHOMS[reg] System (NUHOMS[reg]-24P and -52B) cask designs and added
them to the list of NRC-approved cask designs in Sec. 72.214 as CoC
No. 1004. Amendments 3 and 5, respectively, added the -61BT and -32PT
designs to the Standardized NUHOMS[reg] System.
Discussion
On August 31, 2001, and as supplemented June 13, 2002, November 18,
2002, and March 7, 2003, the certificate holder (Transnuclear, Inc.)
submitted an application to the NRC to amend CoC No. 1004 to add the
NUHOMS[reg]-24PHB cask design to the Standardized NUHOMS[reg] System.
The amendment will permit a part 72 licensee to use the NUHOMS[reg]-
24PHB cask design to store high burnup Babcock & Wilcox (B&W) 15x15
spent fuel assemblies with an average burnup of up to 55,000 megawatt-
days (MWd)/metric ton of uranium (MTU); enrichment equal to 4.5 weight
percent U-235; maximum decay heat load of 1.3 kilowatt (kW) per
assembly; and maximum heat load of 24 kW per cask, under a general
license. No other changes to the Standardized NUHOMS[reg] System were
requested in this application. 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 Standardized NUHOMS[reg] System
listing in Section 72.214 by adding Amendment 6 to CoC No. 1004. The
amended technical specifications (TS) are identified in the NRC staff's
SER for Amendment 6.
The amended Standardized NUHOMS[reg] System, when used in
accordance with 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.
Discussion of Amendments by Section
Section 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1004 is revised by adding the effective date of
Amendment Number 6 and adding Model Number NUHOMS[reg]-24PHB.
Procedural Background
This rule is limited to the changes contained in Amendment 6 to CoC
No. 1004 and does not include other aspects of the Standardized
NUHOMS[reg] System. 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 22, 2003. However, if the NRC receives
significant adverse comments by November 6, 2003, 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 which explains why the rule would be
inappropriate, including challenges to the rule's underlying premise or
approach, or would be
[[Page 57787]]
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 (other than
editorial) 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 November 6, 2003,
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
Standardized NUHOMS[reg] System 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 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 Standardized NUHOMS[reg] 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 by adding the NUHOMS[reg]-24PHB cask design to the current cask
system. The NUHOMS[reg]-24PHB cask design will store high burnup B&W
15x15 spent fuel assemblies with an average burnup of up to 55,000
megawatt-days/metric ton of uranium, enrichment equal to 4.5 weight
percent uranium-235, a maximum decay heat load of 1.3 kilowatt (kW) per
assembly, and a maximum heat load of 24 kW per cask. The environmental
assessment (EA) 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 EA and finding of no significant impact are available from Margaret
Stambaugh, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301) 415-5449, e-mail [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
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
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 December 22, 1994 (59 FR 65920), the NRC
issued an amendment to part 72 that approved the Standardized
NUHOMS[reg] System (NUHOMS[reg]-24P and -52B) by adding it to the list
of NRC-approved cask designs in Sec. 72.214. Amendments 3 and 5,
respectively, added the -61BT and -32PT cask designs to the
Standardized NUHOMS[reg] System. On August 31, 2001, and as
supplemented June 13, 2002, November 18, 2002, and March 7, 2003, the
certificate holder (Transnuclear, Inc.), submitted an application to
the NRC to amend CoC No. 1004 to add the NUHOMS[reg]-24PHB cask design
to the Standardized NUHOMS[reg] System. The proposed amendment permits
a part 72 licensee to use the NUHOMS[reg]-24PHB cask design to store
high burnup B&W 15x15 spent fuel assemblies with an average burnup of
up to 55,000 megawatt-days/metric ton of uranium, enrichment equal to
4.5 weight percent uranium-235, a maximum decay heat load of 1.3
kilowatt (kW) per assembly, and a maximum heat load of 24 kW per cask,
under a general license.
The alternative to this action is to withhold approval of this
amended cask system design and issue an exemption to the general
license for each utility that decides to use the amended cask system
design. This alternative would cost both the NRC and the utilities more
time and money because each utility would have to pursue an exemption.
[[Page 57788]]
Approval of the direct final rule will eliminate this 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 this 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 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
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.
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.
0
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, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED WASTE GREATER THAN CLASS C WASTE
0
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).
0
2. In Sec. 72.214, Certificate of Compliance 1004 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1004.
Initial Certificate Effective Date: January 23, 1995.
Amendment Number 1 Effective Date: April 27, 2000.
Amendment Number 2 Effective Date: September 5, 2000.
Amendment Number 3 Effective Date: September 12, 2001.
Amendment Number 4 Effective Date: February 12, 2002.
Amendment Number 5 Effective Date: November 3, 2003.
Amendment Number 6 Effective Date: December 22, 2003.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized
NUHOMS[reg] Horizontal Modular.
Storage System for Irradiated Nuclear Fuel.
Docket Number: 72-1004.
Certificate Expiration Date: January 23, 2015.
Model Number: Standardized NUHOMS[reg]-24P, NUHOMS[reg]-52B,
NUHOMS[reg]-61BT, NUHOMS[reg]-32PT, and NUHOMS[reg]-24PHB.
* * * * *
Dated at Rockville, Maryland, this 11th day of September, 2003.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 03-25366 Filed 10-6-03; 8:45 am]
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