[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Rules and Regulations]
[Pages 2243-2246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-642]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 /
Rules and Regulations
[[Page 2243]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2011-0002]
RIN 3150-AI89
List of Approved Spent Fuel Storage Casks: NUHOMS [supreg] HD
System Revision 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC or the Commission) is
amending its spent fuel storage regulations by revising the
Transnuclear, Inc. (TN) NUHOMS [supreg] HD System listing within the
``List of Approved Spent Fuel Storage Casks'' to include Amendment No.
1 to Certificate of Compliance (CoC) Number 1030. Amendment No. 1 will
revise the definitions for Damaged Fuel Assembly and Transfer
Operations; add definitions for Fuel Class and Reconstituted Fuel
Assembly; add Combustion Engineering 16x16 class fuel assemblies as
authorized contents; reduce the minimum off-normal ambient temperature
from -20 [deg]F to -21 [deg]F; expand the authorized contents of the
NUHOMS [supreg] HD System to include pressurized water reactor fuel
assemblies with control components; reduce the minimum initial
enrichment of fuel assemblies from 1.5 weight percent uranium-235 to
0.2 weight percent uranium-235; clarify the requirements of
reconstituted fuel assemblies; add requirements to qualify metal matrix
composite neutron absorbers with integral aluminum cladding; clarify
the requirements for neutron absorber tests; delete use of nitrogen for
draining the water from the dry shielded canister (DSC), and allow only
helium as a cover gas during DSC cavity water removal operations; and
make corresponding changes to the technical specifications (TS).
DATES: The final rule is effective March 29, 2011, unless significant
adverse comments are received by February 14, 2011. 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 If the rule is withdrawn, timely notice will be published in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: You can access publicly available documents related to this
document using the following methods:
Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2011-0002]. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
[email protected].
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Room O-
1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into 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's 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, Technical
Specifications (TS), and preliminary safety evaluation report (SER) can
be found under ADAMS Package Accession Number ML102500570. The ADAMS
Accession Number for the Transnuclear, Inc application, dated November
1, 2007, is ML073110525.
CoC No. 1030, the TS, the preliminary SER, and the environmental
assessment are available for inspection at the NRC's PDR, Room O-1F21,
One White Flint North, 11555 Rockville Pike, Rockville, MD. Single
copies of these documents may be obtained from Gregory Trussell, Office
of Federal and State Materials and Environmental Management Programs,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone 301-415-6445, e-mail [email protected].
FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
6445, e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the 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 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 ``the 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 Title 10 of the Code of Federal Regulations
(10 CFR) Part 72, which added a new Subpart K within 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,'' which contains procedures and criteria for obtaining
NRC approval of spent fuel storage cask designs. The NRC subsequently
issued a final rule on December 11, 2006 (71 FR 71463), that approved
the NUHOMS [supreg] HD System cask design and added it to the list of
NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1030.
[[Page 2244]]
Discussion
On November 1, 2007, and as supplemented on December 15, 2008,
February 19, April 30, May 26, June 10, September 17, 2009, June 17
(proprietary information not publicly available), July 9, July 26, and
August 24, 2010, TN, the holder of CoC No. 1030, submitted an
application to the NRC that requested an amendment to CoC No. 1030.
Specifically, TN requested changes to revise definitions for Damaged
Fuel Assembly and Transfer Operations; add definitions for Fuel Class
and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class
fuel assemblies as authorized contents; reduce the minimum off-normal
ambient temperature from -20 [deg]F to -21 [deg]F; expand the
authorized contents of the NUHOMS [supreg] HD System to include
pressurized water reactor fuel assemblies with control components;
reduce the minimum initial enrichment of fuel assemblies from 1.5
weight percent uranium-235 to 0.2 weight percent uranium-235; clarify
the requirements of reconstituted fuel assemblies; add requirements to
qualify metal matrix composite neutron absorbers with integral aluminum
cladding; clarify the requirements for neutron absorber tests; and
delete use of nitrogen for draining the water from the DSC, and allow
only helium as a cover gas during DSC cavity water removal operations;
and make corresponding changes to TS 1.1, 2.1, 2.2.3, 3.1, 3.2, 4.3.1,
4.6.3(5), 5.2.5, 5.3.2, and 5.6. Tables 1 and 5 will be deleted and
replaced with TS 2.1, and Tables 2, 3, 4, and 7 will be revised to
incorporate TS changes.
As documented in the SER, 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 continues to be reasonable assurance that public
health and safety will be adequately protected.
This direct final rule revises the NUHOMS [supreg] HD System
listing in 10 CFR 72.214 by adding Amendment No. 1 to CoC No. 1030. The
amendment consists of the changes described above, as set forth in the
revised CoC and TS. The revised TS are identified in the SER.
The amended NUHOMS [supreg] HD System cask design, 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. When this direct final
rule becomes effective, persons who hold a general license under 10 CFR
72.210 may load spent nuclear fuel into NUHOMS [supreg] HD System casks
that meet the criteria of Amendment No. 1 to CoC No. 1030 under 10 CFR
72.212.
Discussion of Amendments by Section
Sec. 72.214 List of approved spent fuel storage casks.
Certificate No. 1030 is revised by adding the effective date of
Amendment Number 1.
Procedural Background
On May 6 and 7, 2010, respectively, a direct final rule (75 FR
24786) and companion proposed rule (75 FR 25120) were published in the
Federal Register to revise the cask system listing for the TN NUHOMS
[supreg] HD System by adding Amendment No. 1 to the list of approved
spent fuel storage casks in 10 CFR 72.214. After the rules were
published, the applicant identified that a certain TS for Boral
characterization (TS 4.3.1, ``Neutron Absorber Tests'') was not written
precisely and in a manner that could be readily and demonstrably
implemented.
On July 16, 2010, the NRC withdrew the direct final rule (75 FR
41369) and the companion proposed rule (75 FR 41404). The applicant
submitted revised language for TS 4.3.1 (and Final Safety Analysis
Report (FSAR) sections incorporated into the TS by reference) on July
26 and August 24, 2010, which NRC staff reviewed and found to be
acceptable. This direct final rule includes the original Amendment No.
1 changes and the revised TS 4.3.1 and FSAR sections incorporated into
the TS by reference.
This rule is limited to the changes contained in Amendment No. 1 to
CoC No. 1030 and does not include other aspects of the NUHOMS [supreg]
HD 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 March 29, 2011. However,
if the NRC receives significant adverse comments on this direct final
rule by February 14, 2011, then the NRC will publish a document that
withdraws this action and will subsequently address the comments
received in a final rule as a response to the companion proposed rule
published elsewhere in this issue of the Federal Register. Absent
significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action.
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, a substantive response is required when:
(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 rule, CoC, or TS.
For detailed instructions on filling comments, please see the
companion proposed rule published elsewhere in this issue of the
Federal Register.
Voluntary Consensus Standards
The National Technology Transfer and Advancement 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 NUHOMS [supreg] HD System cask design listed in Sec. 72.214 (List
of approved spent fuel storage casks). This action does not constitute
the establishment of a standard that contains 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
[[Page 2245]]
by the Atomic Energy Act of 1954, as amended, or the provisions of 10
CFR. 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, ``Plain Language in Government
Writing,'' published June 10, 1998 (63 FR 31883), directed that the
Government's documents be in clear and accessible 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
NRC has prepared an environmental assessment and, on the basis of this
environmental assessment, has made a finding of no significant impact.
This rule will amend the CoC for the NUHOMS [supreg] HD System cask
design 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 will revise the definitions for Damaged
Fuel Assembly and Transfer Operations; add definitions for Fuel Class
and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class
fuel assemblies as authorized contents; reduce the minimum off-normal
ambient temperature from -20 [deg]F to -21 [deg]F; expand the
authorized contents of the NUHOMS [supreg] HD System to include
pressurized water reactor fuel assemblies with control components;
reduce the minimum initial enrichment of fuel assemblies from 1.5
weight percent uranium-235 to 0.2 weight percent uranium-235; clarify
the requirements of reconstituted fuel assemblies; add requirements to
qualify metal matrix composite neutron absorbers with integral aluminum
cladding; clarify the requirements for neutron absorber tests; delete
use of nitrogen for draining the water from the DSC, and allow only
helium as a cover gas during DSC cavity water removal operation; and
make corresponding changes to the TS that are revised to include TS
1.1, 2.1, 2.2.3, 3.1, 3.2, 4.3.1, 4.6.3(5), 5.2.5, 5.3.2, and 5.6.
Tables 1 and 5 are deleted and replaced with TS 2.1, and Tables 2, 3,
4, and 7 are revised to incorporate TS changes.
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, Room O-1F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. Single copies of the environmental
assessment and finding of no significant impact are available from
Gregory Trussell, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-6445, e-mail:
[email protected].
Paperwork Reduction Act Statement
This rule does not contain any information collection requirements
and, therefore, is not 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 (OMB), 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, the 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 10 CFR 72.214. On December 11, 2006 (71 FR
71463), the NRC issued an amendment to Part 72 that approved the NUHOMS
[supreg] HD System cask design by adding it to the list of NRC-approved
cask designs in 10 CFR 72.214. On November 1, 2007, as supplemented on
December 15, 2008, February 19, April 30, May 26, June 10, September
17, 2009, June 17 (proprietary information not publicly available),
July 9, July 26, and August 24, 2010, the certificate holder (TN)
submitted an application to the NRC to amend CoC No. 1030 to revise the
definitions for Damaged Fuel Assembly and Transfer Operations; add
definitions for Fuel Class and Reconstituted Fuel Assembly; add
Combustion Engineering 16x16 class fuel assemblies as authorized
contents; reduce the minimum off-normal ambient temperature from -20
[deg]F to -21 [deg]F; expand the authorized contents of the NUHOMS
[supreg] HD System to include pressurized water reactor fuel assemblies
with control components; reduce the minimum initial enrichment of fuel
assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent
uranium-235; clarify the requirements of reconstituted fuel assemblies;
add requirements to qualify metal matrix composite neutron absorbers
with integral aluminum cladding; clarify the requirements for neutron
absorber tests; delete use of nitrogen for draining the water from the
DSC, and allow only helium as a cover gas during DSC cavity water
removal operations; and make corresponding changes to TS 1.1, 2.1,
2.2.3, 3.1, 3.2, 4.3.1, 4.6.3(5), 5.2.5, 5.3.2, and 5.6. Tables 1 and 5
are deleted and replaced with TS 2.1, and Tables 2, 3, 4, and 7 are
revised to incorporate TS changes.
The alternative to this action is to withhold approval of Amendment
No. 1 and to require any Part 72 general licensee, seeking to load
spent nuclear fuel into NUHOMS [supreg] HD System casks under the
changes described in Amendment No. 1, to request an exemption from the
requirements of 10 CFR 72.212 and 72.214. Under this alternative, each
interested Part 72 licensee would have to prepare, and the NRC would
have to review, a separate exemption request, thereby increasing the
administrative burden upon the NRC and the costs to each licensee.
Approval of the direct final rule is consistent with previous NRC
actions. Further, as documented in the SER and the environmental
assessment, 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 regulatory analysis, 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.
[[Page 2246]]
Regulatory Flexibility Certification
Under 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 nuclear power plant licensees and TN. These
entities do not fall within the scope of the definition of ``small
entities'' set forth in the Regulatory Flexibility Act or the size
standards established by the NRC (10 CFR 2.810).
Backfit Analysis
The NRC has determined that the backfit rule (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 in 10 CFR
Chapter 1. Therefore, a backfit analysis is not required.
Congressional Review Act
Under the Congressional Review 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,
OMB.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Nuclear
materials, Occupational safety and health, 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; the Nuclear Waste Policy Act of 1982, 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 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); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C.
2014, 2021, 2021b, 2111).
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 1030 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1030.
Initial Certificate Effective Date: January 10, 2007.
Amendment Number 1 Effective Date: March 29, 2011.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the NUHOMS [supreg] HD
Horizontal Modular Storage System for Irradiated Nuclear Fuel.
Docket Number: 72-1030.
Certificate Expiration Date: January 10, 2027.
Model Number: NUHOMS [supreg] HD-32PTH.
* * * * *
Dated at Rockville, Maryland, this 13th day of December 2010.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2011-642 Filed 1-12-11; 8:45 am]
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