[Federal Register Volume 64, Number 6 (Monday, January 11, 1999)]
[Proposed Rules]
[Pages 1542-1545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-505]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG 17
List of Approved Spent Fuel Storage Casks: 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 Holtec International Hi-Star 100 cask system
(Hi-Star) 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 Hi-Star cask system under a general license.
DATES: The comment period expires March 29, 1999. 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: Comments may be sent to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attn: Rulemakings and
Adjudications Staff. Hand deliver comments to 11555 Rockville Pike,
Rockville, MD, between 7:45 am and 4:15 p.m. on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
Web site through the NRC's home page (http://www.nrc.gov). This site
provides the availability to upload 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 [email protected]
Certain documents related to this rulemaking, including comments
received by the NRC, may be examined at the NRC Public Document Room,
2120 L Street NW. (Lower Level), Washington, DC. These documents also
may be viewed and downloaded electronically via the interactive
rulemaking website established by NRC for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Stan Turel, telephone (301) 415-6234,
e-mail, spt@nrc.gov or Philip Brochman, telephone (301) 415-8592, e-
mail,
[[Page 1543]]
pgb@nrc.gov of the Office of Nuclear Materials 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) directs 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, publishing
a final rule on July 18, 1990 in 10 CFR part 72 entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181, 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 dry storage casks
designs. Dry storage cask systems are massive devices designed to
provide shielding from direct exposure to radiation, to confine the
spent fuel in a safe storage condition, and to prevent releases of
radioactive material to the environment. They are designed to perform
these tasks by relying on passive heat removal and confinement systems
without moving parts and with minimal reliance on human intervention to
safely fulfill their function for the term of storage. The 1990
rulemaking listed four casks in 10 CFR 72.214 subpart K as approved by
the NRC for storage of spent fuel at power reactor sites under general
license by persons authorized to possess or operate nuclear power
reactors.
Discussion
This proposed rulemaking would add the Holtec International HI-STAR
100 cask system 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, Holtec International submitted an application for
NRC approval, together with its Safety Analysis Report (SAR): ``HI-STAR
100 Cask System Topical Safety Analysis Report (TSAR), Revision 8''
dated June 18, 1998. The NRC evaluated the Holtec International
submittal and issued a preliminary Safety Evaluation Report (SER) on
the Holtec International SAR and a proposed certificate of compliance
(CoC) for the Holtec International HI-STAR 100 cask system.
The NRC is proposing to approve the Holtec International HI-STAR
100 cask system for storage of spent fuel under the conditions
specified in the proposed CoC. While the HI-STAR 100 cask system is
designed to be used as a dual purpose storage and transportation cask,
the use or certification of the HI-STAR 100 under 10 CFR part 71 for
off-site transport of spent fuel is not a subject of this rulemaking.
Certification for transportation could occur only after the completion
of a separate staff review of the HI-STAR 100 Safety Analysis report
for transportation. Thus, issues pertaining to the transportation
configuration of the HI-STAR 100 cask system are not within the scope
of this rulemaking.
The HI-STAR 100 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 public
health and safety would be ensured. This cask is being proposed for
listing under 10 CFR 72.214, ``List of Approved Spent Fuel Storage
Casks'' to allow holders of power reactor operating licensees to store
spent fuel in this cask 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's CoC is renewed. The
certificate contains conditions for use similar to those for other NRC
approved casks, however, the CoC for each cask system may differ in
some specifics--such as, certificate number, operating procedures,
training exercises, spent fuel specification. The proposed CoC for the
Holtec International HI-STAR 100 cask system and the underlying
preliminary SER, dated December 15, 1998, 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 may be
obtained from Stan Turel, Office of Nuclear Materials Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
telephone (301) 415-6234, email spt@nrc.gov.
Future Rulemaking Procedures
The Holtec International HI-STAR 100 cask system would become the
eighth cask system added to 10 CFR 72.214 list through the process of
notice-and-comment rulemaking. Because the NRC believes the additions
and revisions to the list of approved spent fuel storage casks are
noncontroversial and routine, NRC is considering publishing future
additions and revisions as direct final rules. Direct final rulemaking
is a technique for expediting the issuance of noncontroversial rules.
If the NRC implements this procedure in future rulemakings adding cask
systems to the 10 CFR 72.214 list, the NRC would publish the proposed
addition or revision to the list as both a proposed and a final rule in
the Federal Register simultaneously. A direct final rule will normally
become effective 75 days after publication in the Federal Register.
However, if the NRC receives significant adverse comments on the direct
final rule within 30 days after publication in the Federal Register,
the NRC will publish a document that withdraws the direct final rule.
If the direct final rule is withdrawn, the NRC will address the
comments received as comments on the proposed rule and will
subsequently issue a final rule. Absent significant modifications to
the proposed revisions requiring republication, the NRC will not
initiate a second comment period in the event the direct final rule is
withdrawn. The NRC is requesting comments on the use of direct final
rules for future additions and revisions to the list of approved spent
fuel storage casks.
Errata to the Proposed Certificate of Compliance (CoC) Preliminary
SER
During NRC management review of the proposed CoC (docketed
September 30, 1998, and placed in the NRC PDR) a question was
identified on the 6,000 psi limit in Technical Specification 4.4.6.d,
``Soil effective modulus of elasticity.'' The question related to
whether the 6,000 psi limit was too narrow and whether this limit would
unnecessarily restrict which reactor sites could use the HI-STAR 100
cask. NRC staff evaluated this issue and requested the applicant
provide additional information. The applicant subsequently submitted
additional information and supporting analysis and requested that the
soil effective modulus of elasticity limit be raised to 28,000 psi. NRC
staff verified that if a 28,000 psi limit was used, the maximum cask
deceleration occurring in the cask
[[Page 1544]]
tip-over, side drop, and bottom-end vertical-drop accident analyses
would remain bounded by the existing SER analyses.
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 change safety
requirements and would not have significant environmental impacts. The
proposed rule would add a cask known as the Holtec International HI-
STAR 100 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.
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 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. The amendment provided for the storage of spent nuclear
fuel under a general license in casks certified by the NRC. Any nuclear
power reactor licensee can use NRC-certified casks to store spent
nuclear fuel if they notify 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, two additional casks were added to the listing
in 10 CFR 72.214 in 1993 and one in 1994.
The alternative to this proposed action is to withhold
certification of this new design and issue a site-specific license to
each utility that proposed to use the casks. However, this alternative
would cost the NRC more time and money for each site-specific review.
In addition, withholding certification would ignore the procedures and
criteria currently in place for the addition of new cask designs.
Further, it is in conflict with the Nuclear Waste Policy Act (NWPA)
direction to the NRC to approve technologies for the use of spent fuel
storage at the sites of civilian nuclear power reactors without, to the
extent practicable, the need for additional site reviews. Also, this
alternative is anticompetitive in that 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.
Further, the rule, if adopted, would 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. However, the
newer cask design may have a market advantage over the existing designs
because power reactor licensees may prefer to use the newer casks with
improved features. 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.
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.
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. This proposed rulemaking has 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 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 cask vendors. 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, and thus, a backfit
analysis is not required for this proposed rule because this amendment
does not involve any provisions that would impose backfits as defined
in the backfit rule.
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.
[[Page 1545]]
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
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).
In Sec. 72.214, Certificate of Compliance (CoC) 1008 is added to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1008
SAR Submitted by: Holtec International
SAR Title: HI-STAR 100 Cask System Topical Safety Analysis Report
(TSAR), Revision 8
Docket Number: 72-1008
Certification Expiration Date: (20 years after final rule effective
date)
Model Numbers: HI-STAR 100
Dated at Rockville, Maryland, this 15th day of December 1998.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-505 Filed 1-8-99; 8:45 am]
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