99-19130. List of Approved Spent Fuel Storage Casks; Revision, NUHOMS 24-P and NUHOMS 52-B  

  • [Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
    [Proposed Rules]
    [Pages 41050-41054]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-19130]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    10 CFR Part 72
    
    RIN 3150-AG19
    
    
    List of Approved Spent Fuel Storage Casks; Revision, NUHOMS 24-P 
    and NUHOMS 52-B
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
    its regulations containing the list
    
    [[Page 41051]]
    
    of approved spent fuel storage cask designs to add an amended version 
    of Certificate of Compliance Number (CoC No.) 1004 to this list. The 
    amended version reflects a change of ownership of this certificate from 
    VECTRA Technologies, Inc. to Transnuclear West, Inc., (TN West) as well 
    as an amendment to the certificate. This rulemaking also implements a 
    Director's Decision, in response to a petition filed by the Toledo 
    Coalition for Safe Energy, et al., regarding the cask design, approved 
    by CoC No. 1004, in which the Director determined that a rulemaking 
    should be conducted to require a fabrication inspection of dry shielded 
    canister (DSC) shell welds.
    
    DATES: The comment period expires October 12, 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 20852-2738, between 7:30 a.m. 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 cag@nrc.gov.
        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 20003-1527. These same 
    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 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, ``. . . 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 Part 72, 
    entitled ``Approval of Spent Fuel Storage Casks,'' that contains 
    procedures and criteria for obtaining NRC approval of dry storage cask 
    designs.
        The NRC subsequently issued a final rule to amend Part 72 by adding 
    to the list of approved spent fuel storage cask designs CoC No. 1004 to 
    VECTRA Technologies, Inc., of San Jose, California, for the 
    standardized NUHOMS-24P and NUHOMS-52B spent fuel storage cask designs 
    (59 FR 65898; December 22, 1994). The NUHOMS design consists of a 
    sealed, dry shielded canister (DSC), which contains the spent fuel 
    assemblies. A loaded DSC is stored inside a ventilated, horizontal, 
    concrete vault (i.e., storage module).
    
    The Petition
    
        The Toledo Coalition for Safe Energy, et al., filed a petition with 
    the NRC on December 5, 1995, pursuant to 10 CFR 2.206. The petitioners 
    raised concerns on the safety of the NUHOMS-24P spent fuel storage cask 
    design regarding a reduction in the thickness of the welds in the walls 
    of three DSCs fabricated for use at the Davis-Besse nuclear power 
    plant. In addition, the petitioners questioned the NRC's administrative 
    process by which VECTRA was permitted to deliver the DSCs containing 
    wall thinning to the Davis-Besse facility and by which the licensee for 
    Davis Besse was permitted to use these casks. The petitioners claimed 
    that an NRC rulemaking or some other public proceeding was necessary to 
    grant permission for the transfer and use of these spent fuel storage 
    casks.
        The Petition was referred to the Director of the NRC's Office of 
    Nuclear Material Safety and Safeguards (NMSS) for action under the 
    NRC's regulations in 10 CFR 2.206. On February 5, 1997, the Director of 
    NMSS issued Director's Decision 97-03 (DD-97-03) that granted the 
    Petition, in part. The decision found that the minimum wall thickness 
    measured by VECTRA in the three DSCs was 0.581 inch, less than the 
    original design wall thickness of 0.625 inch specified in the Safety 
    Analysis Report (SAR). VECTRA performed calculations demonstrating that 
    a DSC with a 0.500 inch uniform minimum wall thickness still met the 
    American Society of Mechanical Engineers, Boiler and Pressure Vessel 
    Code (ASME Code), allowable stress values and satisfied the NRC's 
    design criteria. VECTRA submitted these calculations in a letter dated 
    September 5, 1995. In a Safety Evaluation (SE), dated October 5, 1995, 
    the NRC accepted VECTRA's wall thickness calculation as meeting the 
    ASME Code allowable stress values. However, the NRC indicated that 
    because of the limited experience in performing weld thickness 
    measurements, it was reasonable for VECTRA to establish a fabrication 
    margin of 0.063 inch above the 0.500 inch minimum design wall 
    thickness. The decision stated, in part, ``while VECTRA failed to 
    comply with its SAR commitment of 0.625 inch, its failure resulted in 
    no compromise of safety. Nonetheless, the failure raised an issue of 
    poor control during the fabrication process.'' The decision also found 
    that existing NUHOMS-24P casks remained acceptable for continued use. 
    The decision further found that VECTRA had no procedure to measure the 
    final wall thickness in the area of the welds, after grinding or in any 
    subsequent steps in the fabrication process, which would provide an 
    adequate level of control in maintaining minimum acceptable wall 
    thickness. VECTRA failed to comply with the NRC's requirement under 
    Sec. 72.150 to have procedures that include appropriate qualitative and 
    quantitative acceptance criteria for determining that important 
    activities have been satisfactorily accomplished. The decision 
    indicated that CoC No. 1004 should be modified to require a fabrication 
    inspection procedure to assure that DSC weld-grinding operations do not 
    result in wall thinning below acceptable levels. Accordingly, the 
    petitioners' request was granted, in part. The decision is available 
    for review in the NRC Public Document Room as ``Director's Decision 
    Under 10 CFR 2.206, DD # 97-03.''
    
    Discussion
    
        The NRC is proposing to revise information contained in Sec. 72.214 
    under
    
    [[Page 41052]]
    
    CoC No. 1004 to reflect Amendment No. 1 to CoC No. 1004 and to address 
    four administrative issues in the current language in Sec. 72.214. 
    These four administrative issues include (1) correcting the expiration 
    date of CoC No. 1004 from the present ``(20 years after the final rule 
    effective date)'' to ``January 23, 2015;'' (2) correcting the title and 
    revision number of the standardized NUHOMS SAR to be consistent with 
    the approach the NRC proposed for CoC SARs in a new Sec. 72.248 (see 
    proposed rule in 63 FR 56098; October 21, 1998); (3) revising the CoC 
    to reflect the transfer of the CoC from VECTRA Technologies, Inc. to 
    Transnuclear West, Inc., (TN West); and (4) specifying the 
    applicability of Amendment No. 0 and Amendment No. 1 to this CoC.
        Change 1 keeps the certificate expiration date consistent with the 
    NRC's policy for Part 72 CoCs, which is to use 20 years from the date 
    the final rule is effective. The final rule adding CoC No. 1004 to 
    Sec. 72.214 was effective on January 23, 1995; consequently, the 
    expiration date for this CoC is January 23, 2015.
        Change 2 keeps CoC No. 1004 consistent with other proposed changes 
    to Part 72. The SAR Title will be changed from ``Safety Analysis Report 
    for the Standardized NUHOMS Horizontal Modular Storage System for 
    Irradiated Nuclear Fuel, Revision 2'' to ``Final Safety Analysis Report 
    for the Standardized NUHOMS Horizontal Modular Storage System for 
    Irradiated Nuclear Fuel.'' In the new Sec. 72.248, a final SAR is to be 
    submitted to the Commission within 90 days after approval of the cask 
    design and then will be updated periodically. Replacement pages will be 
    provided to the Commission, but FSAR revision numbers will not be used.
        Change 3 recognizes the transfer of the CoC from VECTRA to TN West, 
    NRC received letters dated December 18, 1997, from both VECTRA and TN 
    West describing the purchase of VECTRA's intellectual properties and 
    assets associated with NUHOMS technology by TN West. In its December 
    18, 1997, letter, TN West described that it planned to conduct 
    fabrication activities in accordance with the quality assurance program 
    described in Section 11 of the NUHOMS SAR. TN West further described 
    that it had acquired the composite records of casks manufactured under 
    CoC No. 1004 and that it had records associated with changes to the 
    NUHOMS design implemented after issuance of the CoC.
        Change 4 describes how general licensees would continue to use 
    spent fuel storage casks manufactured under CoC No. 1004, Amendment No. 
    0 (i.e., the initial CoC), if the cask being used was fabricated before 
    [insert effective date of the final rule]. After [insert effective date 
    of the final rule], casks must be manufactured in accordance with CoC 
    No. 1004, Amendment No. 1.
        This proposed rule would issue Amendment No. 1 to CoC No. 1004. 
    Amendment No. 1 would revise and reformat the CoC to be consistent with 
    the NRC's current format and layout for Part 72 certificates. 
    Conditions No. 1 through 8 would be renumbered and Condition No. 9 
    would remain the same. Additionally, Condition No. 4 (previously 
    Condition No. 6) would be revised to implement DD-97-03. Because the 
    Director granted the Petition, in part, and to ensure future compliance 
    with Sec. 72.150 with respect to DSC shell-weld thickness, the revised 
    Condition No. 4 to CoC No.1004 would require inspection of DSC shell 
    welds and specify a minimum shell-weld thickness. Condition No. 4 would 
    be revised to read as follows:
        Fabrication activities shall be conducted in accordance with a 
    quality assurance program as described in Section 11.0 of the SAR. 
    All fabrication acceptance tests and procedures shall be performed 
    in accordance with detailed written procedures. TN West shall ensure 
    that 100 percent of the full penetration longitudinal and 
    circumferential butt welds used for the DSC shell are inspected 
    using radiographic examination. Inspections shall be performed on 
    each shell weld after the weld is ground flush with surrounding 
    surfaces, and the weld and the base metal wall thickness shall be 
    greater than or equal to 0.500 inch.
    
        VECTRA's analysis indicated that a wall design of 0.500 inch would 
    satisfy NRC design criteria. In a letter dated August 7, 1995, VECTRA 
    described plans to perform measurements of shell-weld thickness during 
    the DSC fabrication process. By letter dated September 5, 1995 (NRC 
    document Accession Number 9509110095), VECTRA submitted an analysis, 
    NUH004.0213, ``Standardized NUHOMS-24P DSC Shell Minimum Acceptable 
    Uniform Thickness,'' Revision 1, which evaluated the structural 
    acceptability of a standardized NUHOMS-24P DSC with a minimum shell 
    thickness of 0.500 inch. 1 In a Safety Evaluation (SE) dated 
    October 5, 1995, (Accession Number 9512200130) the NRC staff concluded 
    that the structural capability of the DSC would not be compromised with 
    a shell-weld thickness of 0.500 inch. In a letter dated December 11, 
    1998 (Accession Number 9812300347), VECTRA [TN West] submitted an 
    analysis, NUH004.0218, ``Standardized NUHOMS-52B DSC Shell Minimum 
    Acceptable Uniform Thickness,'' Revision 1, that evaluated the 
    structural acceptability of a standardized NUHOMS-52B DSC with a 
    minimum shell thickness of 0.500 inch. In a safety evaluation dated 
    January 22, 1999 (Accession Number 9902110261), the NRC staff concluded 
    that with a wall thickness of 0.500 inch, the NUHOMS-52B DSC can 
    acceptably meet structural design codes.
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        \1\ The Standardized NUHOMS system includes two versions: the 
    NUHOMS-24P which stores up to 24 pressurized-water reactor 
    assemblies and the NUHOMS-52B which stores up to 52 boiling-water 
    reactor assemblies. The staff examined minimum weld thickness issues 
    for the NUHOMS-24P in a safety evaluation dated October 5, 1995. For 
    completeness, the staff examined minimum weld thickness issues for 
    the NUHOMS-52B in a safety evaluation dated January 22, 1999.
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        The Director, in his Decision, specifically proposed amending CoC 
    No. 1004 to require that, in the fabrication of the DSC, the shell and 
    basket assembly must be inspected to ensure that structural design 
    margins, associated with the ASME Code Section III allowable stress 
    values, are not compromised. VECTRA established fabrication inspection 
    procedures, including fabrication margins to ensure that the DSC shell 
    welds are not reduced to a thickness less than 0.500 inch. VECTRA 
    established an ``administrative'' minimum fabrication limit of 0.563 
    inch. This limit would allow for uncertainties in weld thickness 
    measurements, weld shrinkage, and weld grinding operations and would 
    ensure that the weld and base metal are not reduced less than the 
    analyzed wall thickness of 0.500 Inch. Because the safety evaluation 
    supporting the Director's Decision relied on a 0.500 inch weld 
    thickness, proposed Amendment No 1 to CoC No. 1004 requiring a 0.500 
    inch weld thickness is consistent with DD-97-03.
        Based on the October 1995 and January 1999 safety evaluations, the 
    newly established fabrication inspection procedures, and the proposed 
    Amendment No. 1 to CoC No. 1004, the NRC staff has concluded that the 
    NUHOMS-24P and -52B cask design when used in accordance with the 
    conditions specified in the CoC as amended, and NRC regulations, will 
    meet the requirements of Part 72 and thus ensure adequate protection of 
    the public health and safety. Furthermore, as indicated in DD-97-03, 
    NUHOMS-24P casks previously manufactured before DD-97-03 was issued 
    will continue to adequately protect public health and safety.
        The proposed Amendment No. 1 to CoC No. 1004, the VECTRA safety
    
    [[Page 41053]]
    
    analyses, and the NRC staff safety evaluations are available for 
    inspection and comment at the NRC Public Document Room, 2120 L Street, 
    NW. (Lower Level), Washington, DC 20003-1527. Single copies of the 
    proposed Amendment No. 1 to CoC No. 1004 may be obtained from Stan 
    Turel, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
    Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
    6234, email spt@nrc.gov.
    
    Discussion of Proposed Amendments by Section
    
    Section 72.214  List of Approved Spent Fuel Storage Casks
    
        The text in Sec. 72.214 for Certificate No. 1004 would be revised 
    as follows:
        (1) The name of person that submitted the SAR (i.e., name of the 
    certificate holder) would be changed to ``Transnuclear West, Inc.'';
        (2) The title of the SAR would be changed to ``Final Safety 
    Analysis Report for the Standardized NUHOMS Horizontal Modular Storage 
    System for Irradiated Nuclear Fuel'';
        (3) The expiration date for the certificate would be changed to 
    ``January 23, 2015''; and
        (4) A new line on the applicability of Amendment No. 0 and 
    Amendment No. 1 would be added.
        In addition to the changes to the rule language in Sec. 72.214, the 
    text for Condition No. 4 of CoC No. 1004 would be revised as described 
    above.
    
    Applicability
    
        Amendment No. 1 to CoC No. 1004 would apply to TN West's 
    manufacture of NUHOMS-24P or -52B DSCs, or to a general licensee using 
    the NUHOMS-24P or -52B cask system, where the manufacture of the DSC 
    was completed after [insert effective date of the final rule]. General 
    licensees who possess a NUHOMS-24P or -52B DSC, whose fabrication was 
    completed before [insert effective date of the final rule], would 
    continue to use the original version [Amendment No. 0] of CoC No. 1004 
    in implementing the requirements of Sec. 72.212 for the operation of an 
    independent spent fuel storage installation.
    
    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. It 
    would not change safety requirements and would not have significant 
    environmental impacts. The proposed rule would revise the listing of 
    approved spent fuel storage casks contained in Sec. 72.214 by 
    correcting certain information listed under this certificate and by 
    issuing Amendment No. 1 which revises Condition No. 4 to CoC No. 1004 
    for the Standardized NUHOMS-24P and -52B cask system. The NRC has 
    concluded that Standardized NUHOMS-24P and -52B cask system designs, as 
    modified by Amendment No. 1 to the CoC, can continue to be used to 
    safely store spent fuel. 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 20555-0001, 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 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 issue Amendment No. 1 
    to CoC No. 1004 for the NUHOMS-24P and -52B cask system, which is 
    currently listed in Sec. 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 Commission amended 10 CFR Part 
    72 to provide regulations for the storage of spent nuclear fuel under a 
    general license in cask designs approved by the NRC. Any civilian 
    nuclear power reactor licensed under 10 CFR Part 50 was issued a 
    general license under Part 72 to use NRC-approved cask designs to store 
    spent nuclear fuel if: (1) They notify the NRC in advance, (2) the 
    spent fuel is stored under the conditions specified in the CoC, and (3) 
    the conditions of the general license are met. In that rulemaking, four 
    spent fuel storage cask designs were approved for use at reactor sites, 
    and were listed in Sec. 72.214. That rulemaking envisioned that storage 
    cask designs approved in the future would be added to the listing in 
    Sec. 72.214 through the rulemaking process. Procedures and criteria for 
    obtaining NRC approval of new spent fuel storage cask designs were 
    provided in Part 72, Subpart L. The NRC subsequently amended Part 72 
    and authorized issuance of CoC No. 1004 to VECTRA Technologies, Inc., 
    of San Jose, California, for the standardized NUHOMS-24P and -52B spent 
    fuel storage cask designs (59 FR 65898; December 22, 1994).
        This proposed rule would issue Amendment No. 1 to CoC No. 1004. 
    Amendment No. 1 would revise and reformat the CoC to be consistent with 
    the NRC's current format and layout for Part 72 certificates. 
    Conditions No. 1 through 8 would be renumbered and Condition No. 9 
    would remain the same. Additionally, Condition No. 4 (previously 
    Condition No. 6) would be revised to implement the direction of DD-97-
    03. The NRC has deemed necessary the changes to CoC No. 1004 to ensure 
    compliance with Part 72 quality assurance requirements. On August 29, 
    1995, the NRC issued an enforcement action in the form of a Notice of 
    Nonconformance to VECTRA regarding VECTRA's failure to comply with the 
    quality assurance regulations in Sec. 72.150. Specifically, VECTRA 
    failed to ensure that adequate wall thickness was maintained in DSCs 
    manufactured
    
    [[Page 41054]]
    
    under CoC No. 1004. Subsequently, the Director, NMSS, in response to a 
    petition from the Toledo Coalition for Safe Energy, et al. found, in 
    Director's Decision 97-03, that an inspection procedure requiring the 
    performance of minimum wall thickness measurements would be reasonable 
    and directed that CoC No. 1004 be amended to include such a 
    requirement. Consequently, the NRC considers this rule, in part, to be 
    an administrative action taken to implement DD-97-03.
        General licensees would continue to use spent fuel storage casks 
    manufactured under CoC No. 1004, Amendment No. 0, if the cask was 
    fabricated before [insert effective date of the final rule]. After 
    [insert effective date of the final rule], casks must be manufactured 
    in accordance with CoC No. 1004, Amendment No. 1.
        The alternative to this proposed action would be to allow outdated 
    information to remain in CoC No. 1004 and to withhold Amendment No. 1 
    to CoC No. 1004 and forgo inclusion of an explicit requirement for 
    measuring DSC shell-weld thickness. However, based on the concerns 
    identified with VECTRA's control of the fabrication process described 
    in the Notice of Nonconformance, the NRC deemed that addition of an 
    explicit requirement for measuring wall thickness in CoC No. 1004 is 
    necessary.
        Approval of the proposed rule would provide both the NRC staff and 
    the public additional assurance that DSCs manufactured under CoC No. 
    1004 are fabricated in accordance with the approved design and Part 72 
    quality assurance requirements, and would have no adverse effect on 
    public health and safety.
        This proposed rule 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 
    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 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 backfit rule (Secs. 50.109 or 72.62) does not apply to 
    certificate holders. Moreover, this proposed rule does not involve any 
    provisions that would impose backfits as defined in those regulations 
    because the amended version of CoC No. 1004 is applicable only to casks 
    to be fabricated after the effective date of the final rule. General 
    licensees who currently possess these casks may operate under the 
    original CoC No. 1004 (Amendment No. 0) which remains on the list of 
    approved cask designs at Sec. 72.214. 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. Section 72.214, Certificate of Compliance Number 1004, is 
    revised to read as follows:
    
    
    Sec. 72.214  List of approved spent fuel storage casks.
    
    * * * * *
    Certificate Number: 1004
    Amendment Number: 0 and 1
    Amendment Applicability:
    
        Amendment No. 0 is applicable for casks manufactured before 
    [insert effective date of final rule].
        Amendment No. 1 is applicable for casks manufactured after 
    [insert effective date of final rule].
    
    SAR Submitted by: Transnuclear West, 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 Numbers: Standardized NUHOMS-24P and NUHOMS-52B
    * * * * *
        Dated at Rockville, Maryland, this 7th day of July, 1999.
    
        For the Nuclear Regulatory Commission.
    William D. Travers,
    Executive Director for Operations.
    [FR Doc. 99-19130 Filed 7-28-99; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
07/29/1999
Department:
Nuclear Regulatory Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
99-19130
Dates:
The comment period expires October 12, 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.
Pages:
41050-41054 (5 pages)
RINs:
3150-AG19: List of Approved Spent Fuel Storage Casks: Revision, TN-W NUHOMS 24-P and NUHOMS 52-B
RIN Links:
https://www.federalregister.gov/regulations/3150-AG19/list-of-approved-spent-fuel-storage-casks-revision-tn-w-nuhoms-24-p-and-nuhoms-52-b
PDF File:
99-19130.pdf
CFR: (2)
10 CFR 72.150
10 CFR 72.214