[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13385]
[[Page Unknown]]
[Federal Register: June 2, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AF02
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 Standardized NUHOMS Horizontal Modular
Storage System 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 this approved cask under a general license.
DATES: Submit comments by August 16, 1994. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to assure consideration only for comments received on or before
this date.
ADDRESSES: Send comments to: The Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. ATTN: Docketing and Service Branch.
Deliver comments to: One White Flint North, 11555 Rockville Pike,
Rockville, Maryland, between 7:45 a.m. and 4:15 p.m. Federal workdays.
Copies of the comments received and the environmental assessment
and finding of no significant impact can be examined at the NRC Public
Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single
copies of these documents can be obtained from Mr. G. E. Gundersen,
Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, telephone (301) 492-3803.
FOR FURTHER INFORMATION CONTACT: Mr. G. E. Gundersen, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555, telephone (301) 492-3803; or Mr K. C. Leu, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, telephone (301) 504-2685.
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste Policy Act of 1982 (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 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 NRC.'' 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 Commission approved dry storage of
spent nuclear fuel in NRC-approved casks, publishing a final rule on 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.
The 1990 rulemaking listed four casks in Sec. 72.214 of 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. Since then, two more casks have been listed in
Sec. 72.214, one on April 7, 1993 (58 FR 17948) and another on October
5, 1993 (58 FR 51762).
Discussion
This proposed rulemaking would add the Standardized NUHOMS
Horizontal Modular Storage System to the list of NRC approved casks for
spent fuel storage in Sec. 72.214. Following the procedures specified
in Sec. 72.230 of Subpart L, VECTRA Technologies, Inc. (formerly
Pacific Nuclear Fuel Services, Inc. (PNFSI))\1\ submitted an
application for NRC approval, together with a ``Safety Analysis Report
for the Standardized NUHOMS Horizontal Modular Storage System for
Irradiated Nuclear Fuel'' (SAR), NUH-003, Revision 2, dated November
1993. The NRC evaluated VECTRA's submittal and issued a draft Safety
Evaluation Report (SER) on VECTRA'S SAR and a draft certificate of
compliance for the Standardized NUHOMS Horizontal Modular Storage
System. On January 24, 1994, Pacific Nuclear Systems, Inc., (parent
company of PNSFI) changed its name to VECTRA Technologies, Inc., after
it acquired ABB Impell Corporation.
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\1\On January 24, 1994, Pacific Nuclear Systems, Inc., (parent
company of PNFSI) changed its name to VECTRA Technologies Inc.
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The NRC is proposing to approve VECTRA's Standardized NUHOMS
Modular Storage System for Irradiated Nuclear Fuel, for storage of
spent fuel under the conditions specified in the draft certificate of
compliance. This cask, when used in accordance with the conditions
specified in the certificate of compliance 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 is being
proposed for listing under Sec. 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
certificate of compliance would terminate 20 years after the effective
date of the final rule listing the cask in Sec. 72.214, unless the
cask's certificate of compliance is renewed. The certificate contains
conditions for use which are similar to those for other NRC approved
casks, however, the certificate of compliance for each cask may differ
in some specifics--such as, certificate number, operating procedures,
training exercises, spent fuel specification. The draft certificate of
compliance for the Standardized NUHOMS cask and the underlying draft
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 certificate of compliance may be obtained from
Mr. K. C. Leu, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)
504-2685.
Submission of Comments in Electronic Format
In addition to the original paper copy, commenters are encouraged
to submit a copy of the letter in electronic format on IBM PC-
compatible 5.25- or 3.5-inch computer diskette. Data files should be
provided in one of the following formats: WordPerfect, IBM Document
Content Architecture/Revisable-Form-Text (DCA/RFT), or unformatted
ASCII text.
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 one cask known as the Standardized NUHOMS
Modular Storage 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 Mr. G. Gundersen, Office of
Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, Telephone (301) 492-3803.
Paperwork Reduction Act Statement
This proposed rule does not contain a new or amended information
collection requirement subject to the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget, Approval Number 3150-0132.
Regulatory Analysis
On July 18, 1990 (55 FR 29181), the Commission issued an amendment
to 10 CFR Part 72. The amendment provided for the storage of spent
nuclear fuel under a general license. Any nuclear power reactor
licensee can use these casks if (1) they notify the NRC in advance, (2)
the spent fuel is stored under the conditions specified in the cask's
certificate of compliance, and (3) the conditions of the general
license are met. In that rulemaking, four spent fuel storage casks were
approved for use at reactor sites, and were listed in 10 CFR 72.214.
That rulemaking envisioned that storage casks certified in the future
could be routinely added to the listing in Sec. 72.214 through
rulemaking procedures. Procedures and criteria for obtaining NRC
approval of new spent fuel storage cask designs were provided in 10 CFR
72.230. Subsequently, two additional casks were added to the listing in
Sec. 72.214 in 1993.
The alternative to this proposed action is to withhold
certification of this new design and give a site-specific license to
each utility that proposed to use the cask. This alternative however,
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 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 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 rulemaking would eliminate the above
problems. Further, the proposed rule will have no adverse effect on the
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 which can be used under a general license. However, the
newer cask design may have a market advantage over the existing designs
in that power reactor licensees may prefer to use the newer casks with
improved features. The new cask vendors with casks to be listed in
Sec. 72.214 benefit by having to obtain NRC certificates only once for
a design which can then be used by more than one power reactor
licensee. Vendors with cask designs already listed may be adversely
impacted in that power reactor licensees may choose a newly listed
design over an existing one. However, the NRC is required by its
regulations and 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 plants in the
United States without the need for farther 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 Commission'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 Commission 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 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 which would impose backfits as defined
in the backfit rule.
List of Subjects In 10 CFR Part 72
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
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 (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),
1068(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 1004 is added to read as
follows:
Sec. 72.214. List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1004
SAR Submitted by: VECTRA Technologies, Inc.
SAR Title: Safety Analysis Report for the Standardized NUHOMS
Horizontal Modular Storage System for Irradiated Nuclear Fuel, Revision
2
Docket Number: 72-1004
Certification Expiration Date: (20 years after final rule effective
date)
Model Numbers: NUHOMS-24P for Pressurized Water Reactor fuel; NUHOMS-
52B for Boiling Water Reactor fuel.
* * * * *
Dated at Rockville, Maryland, this 12th day of May 1994.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-13385 Filed 6-1-94; 8:45 am]
BILLING CODE 7590-01-P
