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List of Approved Spent Fuel Storage Casks: NAC UMS Addition
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[Federal Register: January 21, 2000 (Volume 65, Number 14)]
[Proposed Rules]
[Page 3397-3399]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja00-14]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG32
List of Approved Spent Fuel Storage Casks: NAC UMS Addition
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations to add the NAC UMS Universal Storage System (NAC-UMS)
to the list of approved spent fuel storage casks. This amendment will
allow the holders of power reactor operating licenses to store spent
fuel in the NAC UMS cask system under a general license.
DATES: The comment period expires April 5, 2000. Comments received
after this date will be considered if it is practical to do so, but the
NRC is able to assure consideration only for comments received on or
before this date.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. Attention: Rulemakings and
Adjudications Staff.
Deliver comments to 11555 Rockville Pike, Rockville, Maryland,
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://ruleforumllnl.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
website, contact Ms. Carol Gallagher, (301) 415-5905 (e-mail:
cag@nrc.gov).
Copies of any comments received may be examined at the NRC Public
Document Room, 2120 L Street, NW (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: Stan Turel, telephone (301) 415-6234,
e-mail, spt@nrc.gov 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]
shall establish a demonstration program in cooperation with the private
sector, for the dry storage of spent nuclear fuel at civilian power
reactor sites, with the objective of establishing one or more
technologies 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,
``[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 Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license,
publishing on July 18, 1990, a final rule in 10 CFR Part 72 entitled,
``General License for Storage of Spent Fuel at Power Reactor Sites''
(55 FR 29181). 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 dry storage cask
designs.
Discussion
This proposed rule would add the NAC UMS Universal Storage System
(NAC-UMS) to the list of NRC-approved casks for spent fuel storage in
10 CFR 72.214. Following the procedures specified in 10 CFR 72.230 of
Subpart L, NAC International, Inc. (NAC) submitted an application for
NRC approval with the Safety Analysis Report (SAR): ``Safety Analysis
Report for the NAC UMS Universal Storage System.'' The NRC evaluated
the NAC submittal and issued a preliminary Safety Evaluation Report
(SER) on the NAC SAR and a proposed Certificate of Compliance (CoC) for
the NAC UMS cask system.
The NRC is proposing to approve the NAC UMS cask system for storage
of spent fuel under the conditions specified in the proposed CoC. This
cask system, when used in accordance with the conditions specified in
the CoC and NRC regulations, will meet the requirements of 10 CFR Part
72; thus, adequate protection of the public health and safety would be
ensured. This cask system is being proposed for listing under 10 CFR
72.214, ``List of approved spent fuel storage casks,'' to allow holders
of power reactor operating licenses to store spent fuel in this cask
system under a general license. The CoC would terminate 20 years after
the effective date of the final rule listing this cask in 10 CFR
72.214, unless the cask system's CoC is renewed. The certificate
contains conditions for use specific for this cask system and addresses
issues such as operating procedures, training exercises, and spent fuel
specification.
The proposed CoC for the NAC UMS cask system and the underlying
preliminary SER, are available for inspection and comment at the NRC
Public Document Room, 2120 L Street, NW. (Lower Level), Washington, DC.
Single copies of the proposed CoC and preliminary SER may be obtained
from Stan Turel, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)
415-6234, email spt@nrc.gov.
Discussion of Proposed Amendments by Section
Section 72.214 List of approved spent fuel storage casks.
Certificate No. 1015 would be added indicating that:
(1) The title of the SAR submitted by NAC International, Inc. is
``Final Safety
[[Page 3398]]
Analysis Report for the NAC UMS Universal Storage System'';
(2) The docket number is 72-1015;
(3) The certificate expiration date would be 20 years after final
rule effective date; and
(4) The model number affected is NAC-UMS.
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 is mainly administrative in nature. It would not have significant
environmental impacts. The proposed rule would add the NAC UMS cask
system to the list of approved spent fuel storage casks that power
reactor licensees can use to store spent fuel at reactor sites without
additional site-specific approvals by the NRC. 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, 2120 L Street NW. (Lower Level), Washington, DC. Single
copies of the environmental assessment and finding of no significant
impact are available from Stan Turel, Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555, Telephone (301) 415-6234, email spt@nrc.gov.
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.
Paperwork Reduction Act Statement
This proposed 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 proposed rule, the NRC would add the NAC UMS cask
system to the list of NRC approved casks for spent fuel storage in 10
CFR 72.214. This action does not constitute the establishment of a
standard that establishes generally-applicable requirements.
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
proposed 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.
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. Any nuclear power reactor licensee can use NRC-
certified casks 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. In that
rule, four spent fuel storage casks were approved for use at reactor
sites and were listed in 10 CFR 72.214. That rule envisioned that
storage casks certified in the future could be added to the listing in
10 CFR 72.214 through rulemaking procedures. Procedures and criteria
for obtaining NRC approval of new spent fuel storage cask designs were
provided in 10 CFR Part 72, Subpart L. Subsequently, additional casks
have been added to the listing in 10 CFR 72.214.
The alternative to this proposed action is not to certify these new
designs and give a site-specific license to each utility that proposes
to use the casks. This would cost the NRC and the utilities more time
and money because each utility would have to pursue a new site-specific
license. Using site-specific reviews would ignore the procedures and
criteria currently in place for the addition of new cask designs and
would be in conflict with the NWPA direction to the Commission to
approve technologies for the use of spent fuel storage at the sites of
civilian nuclear power reactors without, to the maximum extent
practicable, the need for additional site reviews. Also, this
alternative discourages competition because it would exclude new
vendors without cause and would arbitrarily limit the choice of cask
designs available to power reactor licensees.
Approval of the proposed rule would eliminate the above problems
and is consistent with previous Commission actions. Further, the
proposed rule will have no adverse effect on public health and safety.
The benefit of this proposed rule to nuclear power reactor
licensees is to make available a greater choice of spent fuel storage
cask designs that can be used under a general license. The new cask
vendors with casks to be listed in 10 CFR 72.214 benefit by having to
obtain NRC certificates only once for a design that can then be used by
more than one power reactor licensee. The NRC also benefits because it
will need to certify a cask design only once for use by multiple
licensees. Casks approved through rulemaking are to be suitable for use
under a range of environmental conditions sufficiently broad to
encompass multiple nuclear power plant sites in the United States
without the need for further site-specific approval by NRC. Vendors
with cask designs already listed may be adversely impacted because
power reactor licensees may choose a newly listed design over an
existing one. However, the NRC is required by its regulations and the
NWPA direction to certify and list approved casks. This proposed rule
would have 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 proposed
rule are commensurate with the NRC's responsibilities for public health
and safety and the common defense and security. No other available
alternative
[[Page 3399]]
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 promulgated,
have a significant economic impact on a substantial number of small
entities. This proposed rule affects only the licensing and operation
of nuclear power plants, independent spent fuel storage facilities, and
NAC. 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 proposed rule because this amendment
does not involve any provisions that would impose backfits as defined
in the backfit rule. 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 proposing to
adopt 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 1015 is added to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1015.
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: [insert 20 years after the effective
date of the final rule].
Model Number: NAC-UMS.
* * * * *
Dated at Rockville, Maryland, this 27th day of December, 1999.
For the Nuclear Regulatory Commission.
Patricia G. Norry,
Acting Executive Director for Operations.
[FR Doc. 00-1454 Filed 1-20-00; 8:45 am]
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