[Federal Register Volume 64, Number 183 (Wednesday, September 22, 1999)]
[Rules and Regulations]
[Pages 51187-51189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24572]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 183 / Wednesday, September 22, 1999 /
Rules and Regulations
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG36
List of Approved Spent Fuel Storage Casks: (VSC-24) 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 Pacific Sierra Nuclear Associates (PSNA) VSC-
24 cask system listing within the ``List of Approved Spent Fuel Storage
Casks'' to include Amendment No. 1 to the Certificate of Compliance.
Amendment No. 1 will modify the present cask system design to permit a
licensee to store burnable poison rod assemblies in the VSC-24 cask
system design along with the spent fuel under a general license.
DATES: The final rule is effective December 6, 1999, unless significant
adverse comments are received by October 22, 1999. If adverse comments
are received, a timely withdrawal will be published in the Federal
Register informing the public that the rule will not take effect.
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 7:30 am and 4:15 p.m. on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
website through the NRC's home page (http://ruleforum.llnl.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 rule, 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 rule.
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 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 April
7, 1993 (58 FR 17948) that approved the VSC-24 cask design and added it
to the list of NRC-approved cask designs in Sec. 72.214 as Certificate
of Compliance Number (CoC No.) 1007.
Discussion
On December 30, 1998, the certificate holder (Pacific Sierra
Nuclear Associates (PSNA)) submitted an application to the NRC to amend
CoC No. 1007 to permit a Part 72 licensee to store burnable poison rod
assemblies (BPRAs) with Babcock & Wilcox (B&W) 15 x15 spent fuel
assemblies in the VSC-24 cask design. A BPRA is a reactor core
component that is inserted inside a fuel assembly during core
refueling. BPRAs provide a means of controlling reactor power
distribution and do not contain fissile material. No other changes to
the VSC-24 cask system design were requested in this application. The
staff performed a detailed safety evaluation of the proposed CoC
amendment request and found that the addition of the BPRAs to the B&W
15 x15 fuel does not reduce the VSC-24 safety margin. In addition, the
staff has determined that the storage of BPRAs in the VSC-24 does not
pose any increased risk to public health and safety.
This direct final rule revises the VSC-24 cask design listing in
Sec. 72.214 by adding Amendment No. 1 to CoC No. 1007. The amendment
consists of changes to the Technical Specifications for the VSC-24 cask
design which will permit a Part 72 licensee to store burnable poison
rod assemblies (BPRAs) with B&W 15 x15 spent fuel assemblies in a VSC-
24 cask system design. The particular Technical Specifications which
are changed are identified in the NRC Staff's Safety Evaluation Report
for Amendment No. 1.
The title of the safety analysis report (SAR) will be changed from
``Safety Analysis Report for the Ventilated Storage Cask System'' to
``Final Safety Analysis Report for the Ventilated Storage Cask
System.'' This action is being taken to ensure the SAR title is
consistent with the approach taken in new Sec. 72.248, recently
approved by the Commission. Additionally, other minor, nontechnical,
changes have been made to CoC No. 1007 to ensure consistency with the
NRC's new standard format and content for CoCs.
The amended VSC-24 cask system, when used in accordance with the
conditions specified in the CoC, the Technical Specifications, and NRC
regulations, will meet the requirements
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of Part 72; thus, adequate protection of public health and safety will
continue to be ensured.
CoC No. 1007, the revised Technical Specifications, and the
underlying Safety Evaluation Report for Amendment No. 1, dated
September 3, 1999, and the Environmental Assessment, are available for
inspection at the NRC Public Document Room, 2120 L Street, NW. (Lower
Level), Washington, DC. Single copies of the CoC may be obtained 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.
Discussion of Amendments by Section
Section 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1007 is revised by adding the effective date of the
initial certificate, the effective date of Amendment Number 1, and
revising the title of the SAR submitted by Pacific Sierra Nuclear
Associates to ``Final Safety Analysis Report for the Ventilated Storage
Cask System.''
Procedural Background
This rule is limited to the changes contained in Amendment 1 to CoC
No. 1007 and does not include other aspects of the VSC-24 cask system
design. Because NRC considers this amendment to its rules to be
noncontroversial and routine, the NRC is using the direct final rule
procedure for this rule. The amendment to the rule will become
effective on December 6, 1999. However, if the NRC receives significant
adverse comments on this direct final rule by October 22, 1999, then
the NRC will publish a document that withdraws this action and will
address the comments received in response to the amendment. These
comments will be addressed in a subsequent final rule based on a
proposed rule published elsewhere in this issue of the Federal
Register. The NRC will not initiate a second comment period on this
action.
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 VSC-24 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 permit a Part
72 licensee to store burnable poison rod assemblies in the VSC-24 cask
system design along with the 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,
telephone (301) 415-6234, email spt@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.
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 PSNA
VSC-24 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.
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.
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 April 7, 1993 (58 FR 17948), the NRC
issued an amendment to Part 72 that approved the VSC-24 cask design,
added it to the list of NRC-approved cask designs in Sec. 72.214, and
issued CoC No. 1007. On December 30, 1998, the certificate holder
(Pacific Sierra Nuclear Associates (PSNA)), submitted an application to
the NRC to amend CoC No. 1007 to permit a Part 72 licensee to store
burnable poison rod assemblies (BPRAs) with Babcock & Wilcox (B&W) 15
x15 spent fuel assemblies in the VSC-24 cask design.
This rule will permit storage of reactor core components, which are
BPRAs that do not contain fissile material, in the VSC-24 cask system.
The alternative to this action is to withhold approval of this amended
cask system design and issue an exemption to each general license that
proposes to use the casks to store BPRAs. 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 the above
described problem and is consistent with previous Commission 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
the above 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.
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
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Information and Regulatory Affairs, Office of Management and Budget.
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 direct final rule affects only the licensing and
operation of nuclear power plants, independent spent fuel storage
facilities, and Pacific Sierra Nuclear Associates. 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.
List of Subjects In 10 CFR Part 72
Administrative practice and procedure, Manpower training programs,
Nuclear materials, Occupational safety and health, Penalties, 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 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. 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. In Sec. 72.214, the entry for Certificate of Compliance Number
1007 is revised to read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1007.
Initial Certificate Effective Date: May 7, 1993.
Amendment Number 1 Effective Date: December 6, 1999.
SAR Submitted by: Pacific Sierra Nuclear Associates.
SAR Title: Final Safety Analysis Report for the Ventilated
Storage Cask System.
Docket Number: 72-1007.
Certificate Expiration Date: May 7, 2013.
Model Number: VSC-24.
* * * * *
Dated at Rockville, Maryland, this 3rd day of September, 1999.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-24572 Filed 9-21-99; 8:45 am]
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