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List of Approved Spent Fuel Storage Casks: Standardized NUHOMS-24P, -52B, and -61BT Revision
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[Federal Register: November 29, 2001 (Volume 66, Number 230)]
[Rules and Regulations]
[Page 59531-59534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no01-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG 88
List of Approved Spent Fuel Storage Casks: Standardized
NUHOMS-24P, -52B, and -61BT 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 West, Inc. Standardized
NUHOMS-24P, -52B, and -61BT cask system listing within the
``List of Approved Spent Fuel Storage Casks'' to include Amendment No.
4 to Certificate of Compliance (CoC) No. 1004. Amendment No. 4 will
allow the storage of low burn-up spent fuel in the NUHOMS-24P
canister. In addition, the Technical Specifications (TS) will be
revised to correct administrative errors regarding the width dimension
of the spent fuel. Specific changes will be made to TS 1.2.1 and
1.2.15, Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a, and 1-2c, and Figure 1-1.
The CoC will be revised to change the certificate holder from
Transnuclear West, Inc. to Transnuclear Inc. Minor editorial changes
will also be made to the CoC.
DATES: The final rule is effective February 12, 2002, unless
significant adverse comments are received by December 31, 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 If the rule is withdrawn, timely notice will be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 CAG@nrc.gov.
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 pdr@nrc.gov.
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. ML012620237. 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, 301-415-4737or by e-mail to pdr@nrc.gov.
CoC No. 1004, the revised Technical Specifications, the underlying
Safety Evaluation Report for Amendment No. 4, 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, email mlh1@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Merri Horn, telephone (301) 415-8126,
e-mail mlh1@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
(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
NUHOMSTM-24P and -52B cask design and added it to the list
of NRC-approved cask designs in Sec. 72.214 as Certificate of
Compliance Number (CoC No.) 1004. Amendment No. 3 added the -61BT dry
storage canister to the system.
Discussion
On February 23, 2001, and as supplemented on June 8, and October 4,
2001, the certificate holder (Transnuclear West, Inc.) submitted an
[[Page 59532]]
application to the NRC to amend CoC No. 1004 to permit a part 72
licensee to allow the storage of low burn-up spent fuel in the
NUHOMS-24P canister. In addition, the Technical
Specifications (TS) will be revised to correct administrative errors
regarding the width dimension of the spent fuel. Specific changes will
be made to TS 1.2.1 and 1.2.15, Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a,
and 1-2c, and Figure 1-1. The Certificate of Compliance will be revised
to change the certificate holder from Transnuclear West, Inc. to
Transnuclear Inc. Minor editorial changes will also be made to the CoC.
No other changes to the Standardized NUHOMS-24P, -52B, and -
61BT cask system design 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-
24P, -52B, and -61BT cask design listing in Sec. 72.214 by adding
Amendment No. 4 to CoC No. 1004. This amendment will allow the storage
of low burn-up spent fuel in the NUHOMS-24P canister. In
addition, the TS will be revised to correct administrative errors
regarding the width dimension of the spent fuel. Specific changes will
be made to TS 1.2.1 and 1.2.15, Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a,
and 1-2c, and Figure 1-1. The CoC will be revised to change the
certificate holder from Transnuclear West, Inc. to Transnuclear Inc.
Minor editorial changes will also be made to the CoC.
The amended Standardized NUHOMS-24P, -52B, and -61BT 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 environment 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 No. 4 and changing the applicant name from Transnuclear West,
Inc. to Transnuclear Inc.
Procedural Background
This rule is limited to the changes contained in Amendment 4 to CoC
No. 1004 and does not include other aspects of the Standardized
NUHOMS-24P, -52B, and -61BT 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 February 12, 2002. However, if the NRC
receives significant adverse comments by December 31, 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 31, 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.
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.
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-24P, -52B, and -61BT 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.
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-24P, -
52B, and -61BT cask system within the list of approved spent fuel
storage casks that power reactor
[[Page 59533]]
licensees can use to store spent fuel at reactor sites under a general
license. This amendment will allow the storage of low burn-up spent
fuel in the NUHOMS-24P canister. In addition, the TS will be
revised to correct administrative errors regarding the width dimension
of the spent fuel. Specific changes will be made to TS 1.2.1 and 1.2.15
and Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a, and 1-2c, and Figure 1-1. The
CoC will be revised to change the certificate holder from Transnuclear
West, Inc. to Transnuclear Inc. Minor editorial changes will also be
made to the CoC. 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
mlh1@nrc.gov.
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 December 22, 1994 (59 FR 65920), the NRC
issued an amendment to part 72 that approved the Standardized
NUHOMS-24P and -52B cask design by adding it to the list of
NRC-approved cask designs in Sec. 72.214. Amendment No. 3 added the -
61BT cask design. On February 23, 2001, and as supplemented on June 8,
and October 4, 2001, the certificate holder Transnuclear West, Inc.),
submitted an application to the NRC to amend CoC No. 1004 to permit a
part 72 licensee to store low burn-up spent fuel in the
NUHOMS-24P canister. In addition, the TS will be revised to
correct administrative errors regarding the width dimension of the
spent fuel. Specific changes will be made to TS 1.2.1 and 1.2.15 and
Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a, and 1-2c, and Figure 1-1. The CoC
will be revised to change the certificate holder from Transnuclear
West, Inc. to Transnuclear Inc. Minor editorial changes will also be
made to 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.
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 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
Transnuclear West, 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
[[Page 59534]]
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 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.
SAR Submitted by: Transnuclear Inc.
SAR Title: Final Safety Analysis Report for the Standardized
NUHOMS Horizontal Modular Storage System for Irradiated
Nuclear Fuel.
Docket Number: 72-1004.
Certificate Expiration Date: January 23, 2015.
Model Number: Standardized NUHOMS-24P, NUHOMS-
52B, and NUHOMS-61BT.
* * * * *
Dated at Rockville, Maryland, this 13th day of November, 2001.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-29443 Filed 11-28-01; 8:45 am]
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