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List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision
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[Federal Register: March 27, 2002 (Volume 67, Number 59)]
[Rules and Regulations]
[Page 14627-14630]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr02-1]
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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
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG97
List of Approved Spent Fuel Storage Casks: HI-STORM 100 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 Holtec International HI-STORM 100 cask system
listing within the list of approved spent fuel storage casks to include
Amendment 1 to Certificate of Compliance (CoC) Number 1014. This
amendment will modify the present cask system design, under a general
license, to: add four new multipurpose canisters; add new containers
for damaged fuel; add the HI-STORM 100S overpack and the 100A and 100SA
high-seismic anchored overpacks; allow the storage of high-burnup fuel;
delete the Technical Specifications for special requirements for the
first systems in place and for training requirements and relocate these
requirements to the main body of CoC 1014; and allow the storage of
selected nonfuel hardware. The amendment will also use revised thermal
analysis tools to include natural convection heat transfer, revise the
helium backfill requirements to allow a helium density measurement to
be used, allow a helium drying system rather than the existing vacuum
drying system, and require soluble boron during canister loading for
certain higher enriched fuels. In addition, modifications will be made
to applicable CoC conditions and sections of Appendix A and Appendix B
to the CoC to reflect the changes.
DATES: The final rule is effective June 10, 2002, unless significant
adverse comments are received by April 26, 2002. 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 e-mail 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/reading-rm.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. ML013330457. 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 pdr@nrc.gov.
CoC No. 1014, the revised Technical Specifications, the underlying
Safety Evaluation Report for Amendment No. 1, 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 Jayne M. McCausland, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6219, e-mail
jmm2@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, telephone (301)
415-6219, e-mail jmm2@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 May
1, 2000 (65 FR 25241), that approved the Holtec HI-STORM 100 cask
design and added it to the list of
[[Page 14628]]
NRC-approved cask designs in Sec. 72.214 as Certificate of Compliance
Number (CoC No.) 1014.
Discussion
On July 3, 2001, and as supplemented on August 13 and 17, and
October 5, 12, and 19, 2001, the certificate holder, Holtec
International, submitted an application to the NRC to amend CoC No.
1014 to permit a Part 72 licensee to: (1) Add four new multipurpose
canisters--three for pressurized water reactor fuel and one for boiling
water reactor fuel; (2) add new containers for damaged fuel; (3) add
the HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored
overpacks; (4) allow the storage of high-burnup fuel; (5) delete the
Technical Specifications for special requirements for the first systems
in place and for training requirements and relocate these requirements
to the main body of CoC 1014; and (6) allow the storage of selected
nonfuel hardware. The amendment also will utilize revised thermal
analysis tools to include natural convection heat transfer, revise the
helium backfill requirements to allow a helium density measurement to
be used, allow a helium drying system rather than the existing vacuum
drying system, and require soluble boron during canister loading for
certain higher enriched fuels. In addition, modifications will be made
to Conditions 1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; Sections
3.0 and 5.0 of Appendix A to the CoC; and Sections 1.0, 2.0, and 3.0 of
Appendix B to the CoC to reflect the changes. No other changes to the
Holtec HI-STORM 100 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 Holtec HI-STORM 100 cask design
listing in Sec. 72.214 by adding Amendment No. 1 to CoC No. 1014. The
amendment consists of changes to the Technical Specifications as
described above in the ``Discussion'' portion of this document. The
particular Technical Specifications that are changed are identified in
the NRC staff's Safety Evaluation Report for Amendment 1.
The amended Holtec HI-STORM 100 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 will continue
to be ensured.
Discussion of Amendments by Section
Section 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1014 is revised by adding the effective date of the
initial certificate, and the effective date of Amendment Number 1.
Procedural Background
This rule is limited to the changes contained in Amendment 1 to CoC
No. 1014 and does not include other aspects of the Holtec HI-STORM 100
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 June 10, 2002. However, if the NRC receives significant
adverse comments by April 26, 2002, 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 (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 April 26 2002, 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 Holtec
HI-STORM 100 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
[[Page 14629]]
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 Holtec HI-STORM 100
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. The amendment will modify the present cask
system design to: (1) Add four new multipurpose canisters--three for
pressurized water reactor fuel and one for boiling water reactor fuel;
(2) add new containers for damaged fuel; (3) add the HI-STORM 100S
overpack and the 100A and 100SA high-seismic anchored overpacks; (4)
allow the storage of high-burnup fuel; (5) delete the Technical
Specification for special requirements for the first systems in place
and for training requirements and relocate these requirements to the
main body of CoC 1014; and (6) allow the storage of selected nonfuel
hardware. The amendment also will utilize revised thermal analysis
tools to include natural convection heat transfer, revise the helium
backfill requirements to allow a helium density measurement to be used,
allow a helium drying system rather than the existing vacuum drying
system, and require soluble boron during canister loading for certain
higher enriched fuels. In addition, modifications will be made to
Conditions 1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; Sections 3.0
and 5.0 of Appendix A to the CoC; and Sections 1.0, 2.0, and 3.0 of
Appendix B to the CoC to reflect the 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, 11555 Rockville Pike, Rockville, MD. Single copies of
the environmental assessment and finding of no significant impact are
available from Jayne M. McCausland, Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone (301) 415-6219, email jmm2@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 May 1, 2000 (65 FR 25241), the NRC issued
an amendment to Part 72 that approved the Holtec HI-STORM 100 cask
design by adding it to the list of NRC-approved cask designs in
Sec. 72.214. On July 3, 2001, and as supplemented on August 13 and 17,
and October 5, 12, and 19, 2001, the certificate holder, Holtec
International, submitted an application to the NRC to amend CoC No.
1014 to permit a Part 72 licensee to: (1) Add four new multipurpose
canisters--three for pressurized water reactor fuel and one for boiling
water reactor fuel; (2) add new containers for damaged fuel; (3) add
the HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored
overpacks; (4) allow the storage of high-burnup fuel; (5) delete the
Technical Specifications for special requirements for the first systems
in place and for training requirements and relocate these requirements
to the main body of CoC 1014; and (6) allow the storage of selected
nonfuel hardware. The amendment also will utilize revised thermal
analysis tools to include natural convection heat transfer, revise the
helium backfill requirements to allow a helium density measurement to
be used, allow a helium drying system rather than the existing vacuum
drying system, and require soluble boron during canister loading for
certain higher enriched fuels. In addition, modifications will be made
to Conditions 1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; Sections
3.0 and 5.0 of Appendix A to the CoC; and Sections 1.0, 2.0, and 3.0 of
Appendix B to the CoC to reflect the changes.
The alternative to this action is to withhold approval of this
amended cask system design and issue a site-specific license to each
licensee. This alternative would cost both the NRC and the utilities
more time and money because each utility would have to pursue an
exemption or a site-specific license.
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
Holtec International. 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
[[Page 14630]]
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 1014 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014
Initial Certificate Effective Date: June 1, 2000
Amendment Number 1 Effective Date: June 10, 2002
SAR Submitted by: Holtec International
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System
Docket Number: 72-1014
Certificate Expiration Date: June 1, 2020
Model Number: HI-STORM 100
* * * * *
Dated at Rockville, Maryland, this 13th day of March, 2002.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 02-7320 Filed 3-26-02; 8:45 am]
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